Oxford Monographs on Criminal Law and Justice- Proportionate ...

Andrew von Hirsch

• 19 mei 2005
• 9780199272600

Samenvatting:

Deals with the principle of proportionality - the principle that a sentence should be proportionate to the seriousness of the offence committed. This book examines 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 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 Ashworth explore 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 principle tends 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.