This chapter addresses why the institution of punishment should exist at all. The oxford monographs on criminal law and justice series covers all aspects of criminal law and procedure including criminal evidence. Recently, however, several jurisdictions, including england and wales, have moved to broaden the reach and severity of measures agains. The ethics of public television surveillance and cctv by.
The principle of proportionalitythat penalties be proportionate in their severity to the gravity of the defendants criminal conductseems to be a basic requirement of fairness. In this version, desert is a necessary but not sufficient condition for legal punishment. As the name suggests, proportionate sentencing requires that sanctions should relate to the reprehensibility. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. This approach has by now become sufficiently established to. Murder, for example, cannot be committed without caus. Proportionate sentencing continues the authors odyssey into deserved sentencing, venturing into the borderlands of desert theory p. Reexamines the concept of giving criminal their just deserts explores the relevance of restorative justice to proportionality theory. There can be no doubt that it is an important document. Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Hanrahan september 1978 national institute of law enforcement and criminal justice law enforcement assistance administration. Specifying aims and limits for restorative justice. This paper attempts to examine the feasibility of clarifying aims and limits for restorative justice hereafter, rj. In particular, such an account must contain a deontological element, related to how the offender should be addressed as an.
Ethical and social perspectives on situational crime prevention. Available formats pdf please select a format to send. This approach has by now become sufficiently established to merit being termed the standard harms analysis. The justification and use of punishment, in benthams view, is to be determined according to the principle of utility. It brings together three authors, two of whom avh and aa have been associated with desertoriented approaches to sentencing, and a third cs who has been exploring alternatives to traditional criminaljustice processes. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, nonconsequentialist claims, and needs to be concerned in part with consequences. Proportionality in the philosophy of punishment crime.
We use cookies to make interactions with our website easy and meaningful, to. Fitzwilliam college, university of cambridge, search for more papers by this author. Traditionally, penal philosophy has included a utilitarian tradition dating from bentham, which disregarded proportionality concerns, and a retributive tradition dating from kant, which did not supply a readily. Now in its third edition, it has been updated to reflect many of the global risks and harms that. This chapter deals with remote harm and fair imputation.
Article information, pdf download for the ethics of communitybased sanctions, open epub for the ethics of. Commensurability and crime prevention northwestern pritzker. Ideas on sentencing have been so much in ferment in this country during the last decade. It describes a mode of analysis which focuses on the likelihood and magnitude of a remote risk, and on certain countervailing concerns and constraints. To put it at its simplest my aim in the present paper is to examine the relationship between the harms and the. Certain things are simply wrong and ought to be punished. He is particularly noted for reinvigorating desertbased theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between angloamerican and german criminal law scholarship. Criminological perspectives remains the most authoritative collection of criminological classics. He is also emeritus honorary professor of penal theory and penal law at the university of cambridge, and honorary fellow of wolfson college. Exploring the principles, is the latest chapter in a debate that has gone on now for over thirty years between their.
Francis t cullen and karen e gilbert 1982 the value of rehabilitation. South african law commission report on juvenile justice project 106, isbn 0622287, july 2000 stern, vivien alternatives to prison in developing countries. Recent trends in american criminal sentencing theory. View enhanced pdf access article on wiley online library html view download pdf for offline viewing. Punishment theory and practice california digital library. The centres first volume has been published under the title a. Some recent advocates of such strategies have argued that predictive sentencing is just, because the criteria for prediction particularly, the offenders prior criminal history coincide or overlap with the criteria for deserved punishment. Davis, unfair advantage theory, and criminal desert. Northeastern university press, 1976 social science 179 pages. Whether youve loved the book or not, if you give your honest and detailed thoughts then people will find new books that are right for them.
Roberts 4 editions first published in 2009 not in library. Other readers will always be interested in your opinion of the books youve read. A final version of retributivism follows in the footsteps of kant, up to a point. Report of the committee for the study of incarceration. Proportionality in the philosophy of punishment authors. Numerous and frequentlyupdated resource results are available from this search.
Summary of report submitted to the national institute of law enforcement and criminal justice, law enforcement assistance administration, u. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. Wakefield eds, ethical and social issues in situational crime prevention, oxford. Although an extensive theoretical literature has developed on proportionality and desert as it relates to the sentencing of adult offenders, there has been less discussion of desert theory as it co. With growing attention to selective incapacitation strategies, the issue of the fairness of predictionbased sentencing has revived. Specifying aims and limits for restorative justice models. The principle of proportionalitythat penalties be proportionate in their severity. Recent trends in american criminal sentencing theory core. Online shopping from a great selection at books store. They do so in the sense that the harm that the crime is designed to prevent is a definitional element of the crime itself.
913 605 1020 673 1011 1211 1393 494 659 753 702 1088 274 189 824 1350 424 431 224 983 913 1158 656 1021 778 1041 43 630 1006 559 951 920