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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 June 2020

The Virtues of Offense/Offender Distinctions

The Virtues of Offense/Offender Distinctions

(p.611) 28. The Virtues of Offense/Offender Distinctions
Criminal Law Conversations

Douglas A. Berman

Oxford University Press

This chapter presents an authoritative overview of the virtues of making distinctions between offense conduct and offender characteristics at sentencing. It begins with a discussion of shifts in sentencing theory and offense/offender focus, with particular emphasis on federal sentencing reforms, along with the Supreme Court's recent sentencing jurisprudence and its implications for the offense/offender distinction. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as characteristics related to punishment experience, offense/offender distinction and competence, the danger of distinguishing between offense and offender characteristics, accountability and intelligibility, and mitigation.

Keywords:   offense conduct, offender characteristics, sentencing theory, reforms, Supreme Court, sentencing jurisprudence, criminal law, punishment experience, accountability, mitigation

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