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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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Proportionality and Punitiveness?

Proportionality and Punitiveness?

Chapter:
(p.75) 6 Proportionality and Punitiveness?
Source:
Proportionate Sentencing
Author(s):

Andrew von Hirsch

Andrew Ashworth (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199272600.003.0006

This chapter examines the claim made by critics of desert theory, that proportionalist conceptions of sentencing have legitimated a toughening of sentencing policy. It explains why this ‘desert-severity’ thesis lacks evidentiary support and is unsustainable.

Keywords:   desert theory, proportionalist theory, sentencing desert-severity, sentencing policy

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