The final, concise statement on sentencing by one of the world's most celebrated criminal lawyers and penal theorists.
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
Andreas von Hirsch is Emeritus Honorary Professor of Penal Theory and Penal Law at the University of Cambridge, 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.
The volume will be of interest to all those working in penal theory
and practice, criminal sentencing and the criminal law more
generally. It will be particularly useful for students or readers
seeking a concise and up to date summary of the issues and
literature relating to desert-based sentencing. Von Hirsch provides
an eminently readable account of some of the most complex (and
unresolved) challenges to desert theory, such as the role of
previous convictions at sentencing. -- Julian V Roberts, Faculty of
Law, University of Oxford * Criminal Law and Criminal Justice Books
*
No one is better positioned than Andreas von Hirsch to provide,
what he modestly calls an overview but would be better described
as, a definitive development of the desert model of criminal
sentencing, from foundations to applications ... This is an
excellent presentation of desert theory. -- Susan Dimock, York
University * Criminal Law and Criminal Justice Books *
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