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Andrew von Hirsch addresses a number of emerging conceptual questions concerning the proportionality of criminal sentences, an approach that is gaining influence worldwide including in England where the Criminal Justice Act of 1991 made proportionality the primary criterion for determining sentences. This study deals with how the idea of penal censure justifies proportionate sentences, how a penalty scale should be "anchored" in order to reduce overall punishment levels, how non-custodial penalties should be graded and used, and how political pressures impinge on sentencing policies. It offers a coherent and humane way of allocating punishments, appropriate for a society that treats convicted offenders as citizens whose rights and choices should continue to be respected.
This work investigates the conceptual foundations of criminal sentencing, specifically focusing on how the principle of penal censure justifies proportionate punishment in a modern legal system. Andrew von Hirsch, a prominent scholar in criminal law, utilizes his expertise to analyze the shift toward proportionality as a primary criterion for sentencing. He examines the intersection of penal theory, political pressure, and the practical application of non-custodial penalties to propose a framework that balances justice with the rights of the offender.
What You Will Find
Legal scholars and practitioners frequently cite this monograph as a foundational text for understanding the desert-based model of sentencing. The prose is noted for its academic rigor and its significant influence on contemporary debates regarding humane penal policy.
Page Count:
144
Publication Date:
1994-01-20
Publisher:
Oxford University Press
ISBN-10:
0198257686
ISBN-13:
9780198257684
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