Punishment & Sentencing
Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
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THEORIES OF PUNISHMENT AND THE CURRENT STATE
THE ERRORS OF RETRIBUTIVISM
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appropriate argued argument Ashworth Australia basis behaviour censure Chapter circumstances claim committed conduct consequences consequentialist Cr App R(S Crim crime rate Crimes Act 1914 Criminal Courts Sentencing criminal law criminal sanctions criticism culpability desire determining discussed Duff Duff’s Dworkin effect evidence example factors fixed penalty system goal guideline hard treatment human Ibid important imposed imprisonment incapacitation inflict interests intermediate sanctions intrinsic retributivism jurisdictions Justice Act 1991 justification for punishment justify punishment lex talionis mandatory sentencing offender’s offenders one’s person Powers of Criminal preventive sentences principle of proportionality prior convictions prison proportionality principle protective sentences provides punishing the innocent rationale reason recidivists regarding rehabilitation relevant retributive theories retributivist revenge Sentencing Act 1991 sentencing considerations sentencing law sentencing objective sentencing system serious offences South Wales suspended sentences term theory of punishment three strikes laws Tonry utilitarian theory victim Victoria violate von Hirsch Williscroft wrong wrongdoers