Proportionate Sentencing Exploring the Principles

by von Hirsch, Andrew; Ashworth, Andrew

• ISBN13: 9780199272600
• ISBN10: 0199272603
• Format: Hardcover
• Copyright: 2005-08-04
• Publisher: Oxford University Press

Summary

This book is about the principle of proportionality--the principle that a sentence should be proportionate to the seriousness of the offense committed. Although the principle has often been discussed, this book breaks new ground by examining more fully the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders. The authors are well known for their previous writings on proportionality theory, and this book broadens the theory to deal with important contemporary issues in crime and punishment.

Author Biography

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.

Table of Contents

Table of Cases	ix
Table of Legislation	xi
Introduction: The Scope of this Book	1	(11)
The Justification for Punishment's Existence: Censure and Prevention	12	(23)
Proportionate Sentences for Juvenile Offenders	35	(15)
Extending Sentences for Dangerous Offenders?: The Bottoms--Brownsword Model	50	(12)
Proportionate Punishment and Social Deprivation	62	(13)
Proportionality and Punitiveness?	75	(17)
Proportionality and the `Penance' Perspective	92	(18)
Restorative Justice: A `Making Amends' Model? (Co-author: Clifford Shearing)	110	(21)
Criteria for Proportionality: A Review	131	(34)
Appendix 1 Equity Factors in Sentencing	165	(15)
Appendix 2 Limiting Retributivism and `Modified' Desert	180	(6)
Appendix 3 Gauging Crime Seriousness: A `Living Standard' Conception of Criminal Harm (Co-author: Nils Jareborg)	186	(34)
Bibliography	220	(11)
Index	231