Censure and sanctions
Author(s)
Bibliographic Information
Censure and sanctions
Clarendon Press , Oxford University Press, c1993
Available at 9 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. 112-129) and index
Description and Table of Contents
Description
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.
Table of Contents
- Censure and proportionality
- dominion and censure (with Andrew Ashworth)
- seriousness and severity
- anchoring
- hybrid models
- intermediate sanctions
- penance and personalized desert
- degradingness and intrusiveness (with Uma Narayan)
- the politics of proportionality. Epilogue - the aspiration of penal justice.
by "Nielsen BookData"