Results for 'Sentencing'

192 found
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  1. Multiple-Offense Sentencing Discounts: Score One for Hybrid Accounts of Punishment.Zachary Hoskins - 2017 - In Jesper Ryberg, Julian Roberts & Jan W. de Keijser (eds.), Sentencing Multiple Crimes. New York, USA: Oxford University Press. pp. 75-93.
    This chapter examines one intuitively appealing legal practice for which retributivist accounts struggle to find justification: multiple-offense sentencing discounts. It also considers several proposed strategies for justifying bulk discounts on the basis of retributivism. Three strategies are discussed: those that appeal to an absolute punishment maximum, those that appeal to interpersonal practices of blame and making amends, and those that suggest that perpetrators of multiple offenses sometimes have reduced culpability. The chapter argues that each of these strategies either is (...)
     
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  2.  70
    Why Should Remorse Be a Mitigating Factor in Sentencing?Steven Keith Tudor - 2008 - Criminal Law and Philosophy 2 (3):241-257.
    This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation. The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the fourth. The article then considers, (...)
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  3.  50
    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 doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit (...)
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  4.  22
    Sentencing Domestic Homicide Upon Provocation: Still `Getting Away with Murder.Mandy Burton - 2003 - Feminist Legal Studies 11 (3):279-289.
    Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal (...) decision in R. v. Suratan, R. v.Humes and R.v. Wilkinson [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. (shrink)
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  5.  4
    Autism Spectrum Condition, Good and Bad Motives of Offending, and Sentencing.Jukka Varelius - forthcoming - Neuroethics:1-11.
    It has been proposed that the ways in which the criminal justice system treats offenders with Autism spectrum condition should duly account for how the condition influences the offenders’ behavior. While the recommendation appears plausible, what adhering to it means in practice remains unclear. A central feature of ASC is seen to be that people with the condition have difficulties with understanding and reacting to the mental states of others in what are commonly considered as adequate ways. This article aims (...)
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  6.  56
    The Story of Justice: Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process. [REVIEW]Mary Sigler - 2000 - Law and Philosophy 19 (3):339-367.
    This essay examines Martha Nussbaum's prescription for tempering retribution with mercy in the capital sentencing process. Nussbaum observes that the operation of retribution in the ancient world resulted in harsh and indiscriminate punishment without regard to the particularities of the offender and his crime. In the interest of mercy, Nussbaum advocates the use of the novel as a model for a more compassionate sentencing process. An examination of Nussbaum's ``novel prescription'' reveals that the retribution that operates in the (...)
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  7.  58
    Iudicium Ex Machinae – The Ethical Challenges of Automated Decision-Making in Criminal Sentencing.Frej Thomsen - forthcoming - In Julian Roberts & Jesper Ryberg (eds.), Principled Sentencing and Artificial Intelligence. Oxford: Oxford University Press.
    Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive (...)
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  8.  55
    Learning to Discriminate: The Perfect Proxy Problem in Artificially Intelligent Criminal Sentencing.Benjamin Davies & Thomas Douglas - manuscript
    It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that (...)
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  9. Back-End Sentencing: A Practice in Search of a Rationale.Jeremy Travis - 2007 - Social Research: An International Quarterly 74 (2):631-644.
    The practice of sending parolees back to prison for violations of their parole conditions, which has grown seven-fold over the past 25 years and now contributes significantly to rising prison populations, has escaped rigorous empirical or theoretical analysis. This article suggests that this practice be understood as a form of sentencing , as a deprivation of liberty for violation of state-imposed rules. Seen through this lens, the practice of parole revocations is particularly vulnerable to critique as failing to meet (...)
     
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  10. Proportionate Sentencing: Exploring the Principles.Andrew von Hirsch & Andrew Ashworth - 2005 - Oxford University Press UK.
    The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. (...)
     
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  11.  61
    The Federal Sentencing Guidelines for Organizations: A Framework for Ethical Compliance. [REVIEW]O. C. Ferrell, Debbie Thorne LeClair & Linda Ferrell - 1998 - Journal of Business Ethics 17 (4):353-363.
    After years of debate over the importance of ethical conduct in organizations, the federal government has decided to institutionalize ethics as a buffer to prevent legal violations in organizations. The key requirements of the Federal Sentencing Guidelines (FSG) are outlined, and suggested actions managers should adopt to improve ethical compliance are presented. An effective compliance program is more a process and commitment than a specific blueprint for conduct. The organization has the responsibility to create an organizational climate to reduce (...)
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  12.  45
    Bridging the Gap Between Theory and Practice: Using the 1991 Federal Sentencing Guidelines as a Paradigm for Ethics Training. [REVIEW]Daniel E. Palmer & Abe Zakhem - 2001 - Journal of Business Ethics 29 (1-2):77 - 84.
    Although Business Ethics has become a topic of wide discussion in both academia and the corporate world, questions remain as how to present ethical issues in a manner that will effectively influence the decisions and behavior of business employees. In this paper we argue that the Federal Sentencing Guidelines (FSG) offer a unique opportunity for bridging the gap between the theory and practice of business ethics. We first explain what the FSG are and how they apply to organizations. We (...)
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  13. ""The" Desert" Model for Sentencing: Its Influence, Prospects, and Alternatives.Andrew von Hirsch - 2007 - Social Research: An International Quarterly 74 (2):413-434.
    The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often , and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists (...)
     
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  14. Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out (...)
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  15.  40
    What Can We Learn From the U.S. Federal Sentencing Guidelines for Organizational Ethics.Dove Izraeli & Mark S. Schwartz - 1998 - Journal of Business Ethics 17 (9-10):1045-1055.
    In November, 1991, the U.S. Congress enacted the U.S. Federal Sentencing Guidelines legislation which had a dramatic impact on corporate America. Can the Guidelines be used as a model or framework by other countries? Could other countries in the world benefit from adopting a similar piece of legislation? Are there any limitations to consider? In addressing these issues, the authors make the argument that the time has arrived for other countries to consider the development of legislation similar to the (...)
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  16.  79
    Improving Our Practice of Sentencing: Brenda M. Baker.Brenda M. Baker - 1997 - Utilitas 9 (1):99-114.
    Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea (...)
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  17.  34
    Remaking the Corporation: The 1991 U.S. Sentencing Guidelines. [REVIEW]Robert J. Rafalko - 1994 - Journal of Business Ethics 13 (8):625 - 636.
    This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then I will (...)
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  18.  9
    Risk-Based Sentencing and Predictive Accuracy.Jesper Ryberg - 2020 - Ethical Theory and Moral Practice 23 (1):251-263.
    The use of risk assessment tools has come to play an increasingly important role in sentencing decisions in many jurisdictions. A key issue in the theoretical discussion of risk assessment concerns the predictive accuracy of such tools. For instance, it has been underlined that most risk assessment instruments have poor to moderate accuracy in most applications. However, the relation between, on the one hand, judgements of the predictive accuracy of a risk assessment tool and, on the other, conclusions concerning (...)
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  19.  17
    The Citizen Victim: Reconciling the Public and Private in Criminal Sentencing.Jeffrey Kennedy - 2019 - Criminal Law and Philosophy 13 (1):83-108.
    In recent decades, increased attention has been given to the place of the victim within criminal justice systems. Advocates have called for recognition and participation for victims of crime, and widespread political support throughout common law jurisdictions has resulted in a number of reforms. While some have proven uncontroversial, the question of victim input into sentencing decisions has emerged as a highly contentious issue within scholarship. Scholars have been concerned with the potentially corrupting influence of victims’ private preferences and (...)
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  20.  9
    The Story of Justice: Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process.Mary Sigler - 2000 - Law and Philosophy 19 (3):339-367.
    This essay examines Martha Nussbaum's prescription for tempering retribution with mercy in the capital sentencing process. Nussbaum observes that the operation of retribution in the ancient world resulted in harsh and indiscriminate punishment without regard to the particularities of the offender and his crime. In the interest of mercy, Nussbaum advocates the use of the novel as a model for a more compassionate sentencing process. An examination of Nussbaum's "novel prescription" reveals that the retribution that operates in the (...)
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  21.  20
    Mother, Monster, Mrs, I: A Critical Evaluation of Gendered Naming Strategies in English Sentencing Remarks of Women Who Kill.Amanda Potts & Siobhan Weare - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):21-52.
    In this article, we take a novel approach to analysing English sentencing remarks in cases of women who kill. We apply computational, quantitative, and qualitative methods from corpus linguistics to analyse recurrent patterns in a collection of English Crown Court sentencing remarks from 2012 to 2015, where a female defendant was convicted of a homicide offence. We detail the ways in which women who kill are referred to by judges in the sentencing remarks, providing frequency information on (...)
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  22. Fundamentals of Sentencing Theory: Essays in Honour of Andrew von Hirsch.Andrew Ashworth & Martin Wasik (eds.) - 1998 - Oxford University Press UK.
    The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment (...)
     
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  23.  28
    Sentencing: Must Justice Be Even-Handed? [REVIEW]Michael Davis - 1982 - Law and Philosophy 1 (1):77 - 117.
    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 (...)
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  24.  14
    Purposes of Punishment Under the Minnesota Sentencing Guidelines.Richard S. Frase - 1994 - Criminal Justice Ethics 13 (1):11-20.
    (1994). Purposes of punishment under the Minnesota sentencing guidelines. Criminal Justice Ethics: Vol. 13, No. 1, pp. 11-20. doi: 10.1080/0731129X.1994.9991956.
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  25.  21
    When Rape Isn't Rape: Court of Appeal Sentencing Practice in Cases of Marital and Relationship Rape.Pns Rumney - 1999 - Oxford Journal of Legal Studies 19 (2):243-270.
    This article focuses on Court of Appeal sentencing practice in cases of marital and relationship rape. In particular, it examines the sentencing principle set out in the case of Berry in which it was stated that cases of marital and relationship rape sometimes involve less 'violation' and 'defilement' than cases of stranger rape and consequently are given reduced sentences. This article argues against such an approach on the basis that it is poorly reasoned and lacks support from the (...)
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  26.  35
    The Ethics of Sentencing White-Collar Criminals.Phillip Balsmeier & Jennifer Kelly - 1996 - Journal of Business Ethics 15 (2):143 - 152.
    The consistent sentencing of white collar criminals does not exist in today's judicial system. Guidelines for sentencing individuals and corporations have already been developed by the U.S. Sentencing Commission but have not yet been implemented in the courts. Pros and cons of the guidelines are given, as is the extent and form of sentencing deemed appropriate for the individual or corporation. The activities of the sentencing commission are depicted by a timeline.
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  27.  16
    Victims’ Mitigating Views in Sentencing Decisions: A Comparative Analysis.Annette van der Merwe & Ann Skelton - 2015 - Oxford Journal of Legal Studies 35 (2):355-372.
    This article explores the arguments for and against victims’ mitigating opinions on sentence. It describes a recent South African appeal case, compares it with a similar New Zealand appeal court judgment, and then investigates the legal position in England and Wales. It appears that, as a general rule, victims’ recommendations as to penalty must be avoided. However, unlike in South Africa and New Zealand, the jurisprudence in England and Wales has developed exceptions in this regard when certain categories of victims (...)
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  28.  19
    Sentencing Parricides: Text and Context; Rhetoric and Silence.Paul Robertshaw - 2003 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 16 (1):1-14.
    This article considers the sentencing of two eighteenth centuryparricides, one committed by a daughter, the other by a son. In eachcase the sentencing remarks are first subject to generic analysis,derived from the work of Rukiya Hasan and Susan Urmston Philips. Withinthose thematic structures there is a traditional rhetorical analysis. Bycombining both types of analysis one can demonstrate the salientfeatures of each set of judicial remarks. The focus of the article thenshifts from these texts to their contexts, and reveals (...)
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  29. The "Race-of-the-Victim" Effect in Capital Sentencing: McClesky V. Kemp and Underadjustment Bias.William A. Edmundson - 1990 - Jurimetrics 32:125-41.
    This is a critical discussion of the Baldus study of capital sentencing in Georgia. It concludes that the Baldus finding of a "race-of-the-victim" effect is less robust than capital-punishment abolitionists have claimed. But the flaws in the Baldus study should not comfort death-penalty advocates, for they reveal an epistemological barrier to the US Supreme Court's ever being able to satisfy itself both that the sentence reflects particularized consideration of the circumstances and character of the defendant and that it is (...)
     
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  30.  10
    Logos and Pathos in Sentencing Dr William Parry.Paul Robertshaw - 2004 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 17 (1):27-51.
    The focus of this article is on the sentencing remarks concerning a sixteenth century Welsh traitor. Before analysis of the logos track, thematic structure and the surface tropes of these remarks, the origins of this genre from 1307 are examined, demonstrating their formal drafted style and the extemporised style that fully emerged in 1600, which was presaged in the remarks examined here. The discussion that follows the analysis is in five sections which cover the external impacts on this genre; (...)
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  31.  13
    Review Essay / Sentencing by Sociology.Lois G. Forer - 1987 - Criminal Justice Ethics 6 (1):76-82.
    Andrew von Hirsch, Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals New Brunswick, N.J.: Rutgers University Press, 1985, 220 pp.
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  32.  12
    Review Essay / Sentencing Matters.Stanton Wheeler - 1997 - Criminal Justice Ethics 16 (2):46-51.
    Michael Tonry, Sentencing Matters (New York: Oxford University Press, 1996, 240pp.
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  33.  6
    Toulmin-Based Computational Modelling of Judicial Discretion in Sentencing.Andrew Vincent & John Zaleznikow - unknown
    A number of increasingly sophisticated technologies are now being used to support complex decision-making in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour (...)
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  34. Contradiction, Coherence, and Guided Discretion in the Supreme Court's Capital Sentencing Jurisprudence.Mary Sigler - 2003 - Dissertation, Arizona State University
    This project explores the "contradiction" that critics contend lies at the heart of the Supreme Court's capital sentencing jurisprudence. The doctrine of "guided discretion," represents the Court's attempt to achieve both consistency and individuation in capital sentencing. Guided discretion rejects the unbridled sentencing discretion of an earlier era that resulted in sentencing decisions that were "arbitrary and capricious." At the same time, guided discretion requires juries to give individualized consideration to the facts and circumstances of individual (...)
     
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  35. The "Desert" Model for Sentencing: Its Influence, Prospects, and Alternatives.Andrew von Hirsch - 2007 - Social Research 74:413-434.
    The decline of the rehabilitative ethos in sentencing theory in the post_1960's is a story that has been told often, and need not be rehearsed here. Penal treatment programs, once tested for their effectiveness, showed scant success _ or at most, succeeded only in limited categories of cases. Doubts grew also about the fairness of making the severity of a person's sentence depend upon his responsiveness to treatment. As penal rehabilitation diminished in influence, the key question for penologists and (...)
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  36.  35
    Ethical Compliance Programs and Corporate Illegality: Testing the Assumptions of the Corporate Sentencing Guidelines. [REVIEW]Marie McKendall, Beverly DeMarr & Catherine Jones-Rikkers - 2002 - Journal of Business Ethics 37 (4):367 - 383.
    This paper analyses the ethical performance of foreign-investment enterprises operating in China in comparison to that of the indigenous state-owned enterprises, collectives and private enterprises. It uses both the deontological approach and the utilitarian approach in conceptualization, and applies quantitative and econometric techniques to ethical evaluations of empirical evidences. It shows that according to various ethical performance indicators, foreign-investment enterprises have fared well in comparison with local firms. This paper also tries to unravel the effect of a difference in business (...)
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  37.  16
    Innocents Lost: Proportional Sentencing and the Paradox of Collateral Damage: Jeffrey Brand-Ballard.Jeffrey Brand-Ballard - 2009 - Legal Theory 15 (2):67-105.
    Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the same (...)
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  38. The 'Abuse Excuse' in Capital Sentencing Trials: Is It Relevant to Responsibility, Punishment, or Neither?Paul Litton - 2005 - American Criminal Law Review 42 (Summer 2005):1027-72.
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  39.  15
    Vague Comparisons and Proportional Sentencing.Jacob Bronsther - 2019 - Legal Theory 25 (1):26-52.
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  40. Decision Support for Criminal Sentencing.U. Schild - 1998 - Artificial Intelligence and Law 6 (4):151-202.
  41.  14
    Predicting Proportionality: The Case for Algorithmic Sentencing.Vincent Chiao - 2018 - Criminal Justice Ethics 37 (3):238-261.
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  42.  11
    Review of Hannah Maslen: Remorse, Penal Theory and Sentencing: Hart Publishing, Oxford, 2015, 212 pp. [REVIEW]Jonathan Peterson - 2019 - Criminal Law and Philosophy 13 (4):667-672.
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  43.  34
    Freedom of Thought as Freedom of Expression: Hate Crime Sentencing Enhancement and First Amendment Theory.Martin H. Redish - 1992 - Criminal Justice Ethics 11 (2):29-42.
  44. A Few Opinions on Sentencing Enhancement for Hate Crimes.Chief Justice Heffernan - forthcoming - Criminal Justice Ethics.
  45.  22
    Sentencing.Sidney Gendin - 1983 - Teaching Philosophy 6 (1):61-63.
  46.  10
    Overview of Language Rights in the International Criminal Law Sentencing Models.Dragana Spencer - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):787-804.
    This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law asserts that equal (...)
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  47.  17
    Remorse, Penal Theory and Sentencing Hannah Maslen, 2015 Oxford and Portland, OR, Hart Publishing Xvi 212 Pp. £40.00. [REVIEW]Steven Tudor - 2016 - Journal of Applied Philosophy 33 (3):n/a-n/a.
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  48.  12
    Remorse, Penal Theory and Sentencing Hannah Maslen, 2015 Oxford and Portland, OR, Hart Publishing Xvi 212 Pp. £40.00. [REVIEW]Steven Tudor - 2017 - Journal of Applied Philosophy 34 (2):281-283.
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  49.  15
    When Rape Isn't Rape: Court of Appeal Sentencing Practice in Cases of Marital and Relationship Rape.Philip N. S. Rumney - 1999 - Oxford Journal of Legal Studies 19 (2):243-270.
  50.  26
    Justice in the Age of Sentencing Guidelines.David Dolinko - 2000 - Ethics 110 (3):563-585.
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