Censure and Sanctions - Couverture rigide

Hirsch, Andrew Von

Couverture rigide

ISBN 10 : 0198257686 ISBN 13 : 9780198257684

Editeur : Clarendon Press, 1993

Synopsis

The idea of proportionate criminal sentence - that the severity of the sanction should be determined by the gravity of the crime - has been gaining influence worldwide. Most recently, England has joined this trend with the adoption of the Criminal Justice Act of 1991, which made proportionality the primary criterion for determining the sentence, and also created a number of "intermediate" non-custodial sanctions. Written by the principal architect of "just deserts" sentencing theory, this book deals with a number of recently-emerging conceptual questions concerning proportionality of the sentence, its rationale and the criteria for its application. The role of penal censure in justifying proportionate sentences is examined, the basis of the penal scale discussed, and the question of the need for a substantial overall reduction in penalty levels assessed. A jurisprudence for scaling non-custodial penalties is proposed, dealing with how such penalties should be graded, and how offenders who breach the terms of their penalty should be punished. Questions addressed include: what kind of non-custodial penalties should be ruled out as degrading or intrusive - the modern equivalents of the pillory or the stocks. Finally, the politics of proportionality are addressed: what are the political presuppositions of a "just deserts" sentencing philosophy, and how do political pressures affect sentencing policies? Other topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be "anchored" to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how political pressures impinge on sentencing policies. The book suggests a coherent and humane way of allocating punishments, an appropriate course for a society which treats convicted offenders as citizens whose rights and choices are to be respected.

A propos du livre

Présentation de l'éditeur

A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, 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; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how political pressures impinge on sentencing policies.

Revue de presse

His splendid new book offers a powerful restatement of his views, and a response to recent developments in penal theory and policy. (Mind)

To be welcomed for its brevity, clarity, comprehensiveness, contemporary relevance, and perspective. (LCCJ Newsletter)

Détails de l'édition

• Éditeur: Clarendon Press
• Date d'édition: 1993
• Langue: anglais
• ISBN 10: 0198257686
• ISBN 13: 9780198257684
• Reliure: Relié
• Nombre de pages: 143
• Coordonnées du fabricant: non disponible
• Personne responsable: Ufficio Anagrafiche Messaggerie; ufficio.anagrafiche@meli.it; ; Via Verdi, 8; Assago Milano; 20090; Italie