Deserved criminal sentences

Bibliographic Information

Deserved criminal sentences

Andreas von Hirsch

Hart, 2019

  • : pbk

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Note

"First published in hardback, 2017. Paperback edition, 2019" -- T.p. verso

Includes bibliographical references (p. [151]-159) and index

Description and Table of Contents

Description

This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Table of Contents

1. Introduction: The Emergence of the Proportionate Sentence 2. Sentence Proportionality Sketched Briefly 3. Why Should the Criminal Sanction Exist? 4. Why Punish Proportionately? 5. Ordinal and Cardinal Proportionality 6. Seriousness, Severity and the Living-standard 7. The Role of Previous Convictions 8. Proportionate Non-custodial Sanctions 9. A ‘Modified’ Desert Model? 10. The Politics of the Desert Model 11. Proportionate Sentences for Juveniles

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