NCJ Number
174840
Date Published
1995
Length
141 pages
Annotation
The idea of proportionate criminal sentences, that sanction severity should be determined in accordance with offense seriousness, has been gaining influence worldwide, and England's Criminal Justice Act of 1991 has made proportionality the primary criterion in sentence determination and has created several intermediate, noncustodial sanctions.
Abstract
The author examines a number of conceptual questions related to sentence proportionality and criteria for the application of proportionate sentences. The role of penal censure in justifying proportionate sentences is considered, and a method for anchoring the penalty scale so as to reduce overall sentence severity levels is proposed. In addition, a jurisprudence framework for scaling noncustodial penalties is suggested that deals with how such penalties should be graded and how offenders who breach terms of their penalties should be punished. The author also discusses what kinds of noncustodial penalties should be ruled out as degrading or intrusive, political presuppositions of a just deserts sentencing philosophy, and how political pressures affect sentencing policies. References and notes