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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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