Deserved Criminal Sentences

Law › Criminal Law

Deserved Criminal Sentences

By Andreas von Hirsch
Hart Publishing August 2019

Specifications

ISBN-13
9781509930050
Publisher
Hart Publishing
Publication
August 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This book provides an overview of a theory of criminal sanctioning that emphasises the degree of seriousness of the criminal offence in deciding the severity of a convicted offender’s sentence. This approach calls for a supporting rationale, and the rationale addressed herein is often (especially in English- language discussion) referred to as the “desert model”. “Desert”, understood literally, is simply that which is deserved, and a variety of reasons (including traditional retributive conceptions) might be offered on how much punishment offenders deserve. The "desert model" defended here, however, is a newer rather than a traditional account; it is one which has had some considerable influence in contemporary penology, and one which the author of this book has been instrumental in developing over the last decades.

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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