Andrew von Hirsch addresses a number of emerging conceptual
questions concerning the proportionality of criminal sentences, an
approach that is gaining influence worldwide including in England
where the Criminal Justice Act of 1991 made proportionality the
primary criterion for determining sentences. This study deals with
how the idea of penal censure justifies proportionate sentences,
how a penalty scale should be "anchored" in order to reduce overall
punishment levels, how non-custodial penalties should be graded and
used, and how political pressures impinge on sentencing policies.
It offers a coherent and humane way of allocating punishments,
appropriate for a society that treats convicted offenders as
citizens whose rights and choices should continue to be respected.
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