Proportionate Sentencing: Exploring The Principles

Hardcover | May 19, 2005

byAndrew von Hirsch, Andrew Ashworth

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The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworthexplore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine the claim that the principletends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment.

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The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworthexplore the relevance of the principle of propo...

Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the University of Cambridge. Andrew Ashworth is Vinerian Professor of English Law at the University of Oxford.

other books by Andrew von Hirsch

Censure and Sanctions
Censure and Sanctions

Paperback|Apr 30 1999

$93.50

Format:HardcoverDimensions:256 pages, 9.21 × 6.14 × 0.77 inPublished:May 19, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199272603

ISBN - 13:9780199272600

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Table of Contents

1. Introduction: The Scope of this Book2. The Justification for Punishment's Existence: Censure and Prevention3. Proportionate Sentences for Juvenile Offenders4. Extending Sentences for Dangerous Offenders? The Bottoms-Brownsword Model5. Proportionate Punishment and Social Deprivation6. Proportionality and Punitiveness?7. Proportionality and the 'Penance' Perspective8. with Clifford Shearing: Restorative Justice: A 'Making Amends' Model?9. Criteria for Proportionality: A ReviewAppendix 1. Equity Factors in SentencingAppendix 2. Limiting Retributivism and 'Modified' DesertGauging Crime Seriousness: A 'Living-Standard' Conception of Criminal Harm

Editorial Reviews

`...a scholarly and erudite contribution...we must endeavour to understand fully the developments of theory, and this book is a sound starting place.'Judge Gilles Renaud, The Criminal Law Quarterly, vol 52, 275-280