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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 des matières
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
A propos de l'auteur
Andreas von Hirsch is Emeritus Honorary Professor of Penal Theory and Penal Law at the Cambridge University, and Honorary Professor of Penal Theory at the Law Faculty, Goethe-University Frankfurt, Germany. Much of his earlier writing has appeared under his anglicised name, Andrew von Hirsch.
Résumé
This book provides an accessible and systematic restatement of the desert model for criminal sentencing, by one of the model's leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment. It has become increasingly influential in recent penal practice and scholarly debate.
The book explains why sentences should be based principally on crime-seriousness. It 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. It will be of interest to all those working in penal theory, and criminal law more generally.
Préface
The final, concise statement on sentencing by one of the world's most celebrated criminal lawyers and penal theorists.
Texte suppl.
An accessible and systematic restatement of the desert model for criminal sentencing by its leading academic exponent … The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally … Von Hirsch provides an eminently readable account of some of the most complex (and unresolved) challenges to desert theory.
