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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. They examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing. The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment.
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.
Situational crime prevention has drawn increasing interest in recent years, yet the debate has looked mainly at whether it 'works' to prevent crime. Little attention has been paid to how it alters conceptions and strategies of crime prevention in modern society, and to the ethical questions concerning its potential impact on freedom and privacy. This volume aims to address the ethics of situational crime prevention. Are situational crime prevention strategies likely to constrain unduly people's freedom of movement? Do such strategies involve an intrusive scrutiny of people's everyday activities? Can ethical principles be developed that would help distinguish acceptable from unacceptable forms of intervention? The second issue concerns the place of situational crime prevention within criminology. To what extent does its emergence represent a basic shift in thinking about the nature of crime, and about prospects and strategies for dealing with it? To what extent is crime being treated as a 'normal' risk to be managed? How far does situational crime prevention place responsibility for crime prevention beyond the state apparatus to the organisations and institutions of civil society? What are the social and political implications of doing so?
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