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Proportionate SentencingExploring the Principles$
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Andrew von Hirsch and Andrew Ashworth

Print publication date: 2005

Print ISBN-13: 9780199272600

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199272600.001.0001

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Extending Sentences for Dangerous Offenders?: The Bottoms–Brownsword Model

Extending Sentences for Dangerous Offenders?: The Bottoms–Brownsword Model

Chapter:
(p.50) 4 Extending Sentences for Dangerous Offenders?: The Bottoms–Brownsword Model
Source:
Proportionate Sentencing
Author(s):

Andrew von Hirsch

Andrew Ashworth (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199272600.003.0004

This chapter takes a critical look at a model proposed by Anthony Bottoms and Roger Brownsword for imposing extended sentences for especially dangerous offenders. It explores some of the possible reasons for derogating form proportionality requirements in certain kinds of particularly troublesome cases. It is possible to develop a case for the scheme of extending the sentences of especially dangerous offenders based on Ronald Dworkin's rights theory. However, doing so involves stretching Dworkin's theory beyond its most plausible ambit of application.

Keywords:   proportionality-based sentencing, dangerous offenders, punishment, Anthony Bottoms, Roger Brownsword, Ronald Dworkin

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