Jump to ContentJump to Main Navigation
Criminal Law Conversations$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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

Chapter:
(p.611) 28. The Virtues of Offense/Offender Distinctions
Source:
Criminal Law Conversations
Author(s):

Douglas A. Berman

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199861279.003.0028

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

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 .