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The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.
This book investigates the theoretical and practical mechanisms required to implement a sentencing system based on the principle of proportionality. Andrew Von Hirsch, a scholar in criminal law and sentencing theory, utilizes the framework of penal censure to argue that the severity of a sanction must correspond directly to the gravity of the offense committed. He examines the tension between these normative ideals and the reality of political pressures that frequently distort sentencing policies.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the desert-based model of sentencing. Experts note the academic rigor of the prose, which provides a clear, logical defense of proportionality in criminal justice systems.
Page Count:
133
Publication Date:
1995-01-01
Publisher:
Clarendon
ISBN-10:
0191682330
ISBN-13:
9780191682339
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