Jump to ContentJump to Main Navigation
Character in the Criminal Trial$
Users without a subscription are not able to see the full content.

Mike Redmayne

Print publication date: 2015

Print ISBN-13: 9780199228898

Published to Oxford Scholarship Online: May 2015

DOI: 10.1093/acprof:oso/9780199228898.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 October 2019

Punishing Character

Punishing Character

Chapter:
(p.221) 11 Punishing Character
Source:
Character in the Criminal Trial
Author(s):

Mike Redmayne

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228898.003.0011

This chapter starts by looking closely at some of the ways in which criminal record and other forms of character evidence impact on sentencing in England and Wales, before moving on to justificatory arguments. It argues that the influence of character on sentence is partly justified. Drawing on von Hirsch's theory of progressive loss of mitigation, the chapter suggests that, while character does not seem to be relevant to culpability, it helps to inform judgments about whether an offender will take censure seriously. This allows character to mitigate, and to play a limited aggravating role.

Keywords:   character evidence, criminal trials, sentencing, English law, criminal record

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .