Proportionate Sentencing
Exploring the Principles
von Hirsch, Andrew,
Honorary Professor of Penal Theory and Penal Law, University of Cambridge
Ashworth, Andrew,
Vinerian Professor of English Law, University of Oxford
Print publication date: 2005
Published to Oxford Scholarship Online: January 2010 Print ISBN-13: 978-0-19-927260-0 doi:10.1093/acprof:oso/9780199272600.001.0001 |
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Abstract:
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This book explores highly topical aspects of proportionality theory that require examination and further analysis. The book explores the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. It examines the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. The book's examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.
Keywords: sentence, penal practice, proportionality theory, young offenders, dangerous offenders, socially deprived offenders, penance, proportionate sentencing Table of Contents
Preface
1.
Criminal Trial Juries in Australia: From Penal Colonies to a Federal Democracy
2.
The Justification for Punishment's Existence: Censure and Prevention
3.
Proportionate Sentences for Juvenile Offenders
4.
Extending Sentences for Dangerous Offenders?: The Bottoms–Brownsword Model
5.
Proportionate Punishment and Social Deprivation
6.
Proportionality and Punitiveness?
7.
Proportionality and the ‘Penance’ Perspective
8.
Restorative Justice: A ‘Making Amends’ Model?
9.
Criteria for Proportionality: A Review
Appendix
Bibliography
Index
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