Proportionate Sentencing: Exploring the Principles

Abstract

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 book explores highly topical aspects of proportionality theory that require examination and further analysis. The book explores 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. It examines 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. The book's examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.