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Censure and Sanctions$
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Andrew von Hirsch

Print publication date: 1996

Print ISBN-13: 9780198262411

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262411.001.0001

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Seriousness and Severity

Seriousness and Severity

Chapter:
(p.29) 4 Seriousness and Severity
Source:
Censure and Sanctions
Author(s):

Andrew von Hirsch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262411.003.0013

The principle of proportionality requires the severity of penalties to be determined by reference to the seriousness of crimes. In order to apply the principle, we need to be able to gauge how serious various crimes are, and how severe are various sanctions. The neglect is not surprising, perhaps, because attention was focused so much on the use and limits of imprisonment, and that sanction's onerousness appears measurable in large part by its duration. Now, however, there is increasing interest in non-custodial penalties, and these are more heterogeneous in character. Ordinary people, various opinion surveys have suggested, seem capable of reaching a degree of agreement on the comparative seriousness of crimes. The gravity of a crime depends upon the degree of harmfulness of the conduct, and the extent of the actor's culpability. Culpability can be gauged with the aid of clues from the substantive criminal law.

Keywords:   proportionality, severity, penalties, seriousness, crimes, culpability

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