Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status
Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status
This chapter explores the tensions between the principles of equality before the law and equal impact in the context of financial penalties and employment status. While it is acknowledged that the criminal justice system, and sentencing in particular, can do little to address social inequalities, it is argued that by failing to adopt a day or unit fine system, the United Kingdom, Australia, and other common law countries have lost an opportunity of doing justice to difference. However, in the case of employment status, it is argued that to allow employment to count in an offender's favour is contrary to the principle of equality and discriminatory; it is to do injustice to difference.
Keywords: equality, financial penalties, employment status, social inequality, common law
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