Sentencing: Must justice be even-handed? [Book Review]
Law and Philosophy 1 (1):77 - 117 (1982)
The question considered is whether a convicted criminal has been treated unjustly if the only reason he receives a much heavier sentence than another criminal convicted of the same crime is that he came before a different judge. The answer offered is that such a criminal would not be treated unjustly. The principle of equality in punishment, properly understood, does not forbid even such gross disparities in sentence (though it also does not require them). The paper discusses the 1978 Model Sentencing and Corrections Act in detail and has important consequences for the current movement to reform punishment to assure just deserts.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
Similar books and articles
The Bridge Connecting Pontius Pilate's Sentencing of Jesus to the New Jersey Death Penalty Study Commission's Concerns Over Executing the Innocent: When Human Beings with Inherently Human Flaws Determine Guilt or Innocence and Life or Death.James B. Johnston - unknown
Punishment.Thaddeus Metz - 2012 - In Deen Chatterjee (ed.), Encyclopedia of Global Justice. Springer. pp. 915-17.
Proportionality in the Criminal Law: The Differing American Versus Canadian Approaches to Punishment.Roozbeh Baker - unknown
Changing the Criminal Character: Nanotechnology and Criminal Punishment.Katrina Sifferd - 2012 - In A. Santosuosso (ed.), Proceedings of the 2011 Law and Science Young Scholars Symposium. Pavia University Press.
Revenge, Victim's Rights, and Criminal Justice.Michael Davis - 2000 - International Journal of Applied Philosophy 14 (1):119-128.
Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW]Tyrone Kirchengast - 2010 - Criminal Law and Philosophy 4 (2):197-213.
The Practice of Punishment: Towards a Theory of Restorative Justice.Wesley Cragg - 1992 - Routledge.
Recent Developments in Victim Agency in the New South Wales Justice System: The Case of Victim Impact Statements.Tyrone Kirchengast - manuscript
The Story of Justice:Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process. [REVIEW]M. Sigler - 2000 - Law and Philosophy 19 (3):339-367.
Added to index2009-01-28
Total downloads21 ( #236,877 of 2,168,962 )
Recent downloads (6 months)1 ( #346,364 of 2,168,962 )
How can I increase my downloads?