Punishment and sentencing : a rational approach / Mirko Bagaric.
2001
KD8406 .B34 2001 (Map It)
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Details
Author
Title
Punishment and sentencing : a rational approach / Mirko Bagaric.
Published
London : Cavendish, 2001.
Call Number
KD8406 .B34 2001
ISBN
1859416314
Description
xxv, 302 pages ; 24 cm
System Control No.
(OCoLC)45325630
Bibliography, etc. Note
Includes bibliographical references (pages 277-296) and index.
Record Appears in
Table of Contents
Preface
Table of Cases
Table of Statutes
Table of International Instruments
1
Introduction
3
The Need for Principle in Sentencing
3
Outline, Purpose and Scope of Book
6
Issues Not Discussed - Abolitionism and Restorative Justice
9
2
Sentencing Law Overview - The Road to Nowhere
11
The Absence of a Primary Justification for Sentencing
11
The Judicial Approach to Sentencing
13
Lack of Consistency in Sentencing
15
Lack of Fairness in Sentencing
25
3
Theories of Punishment and the Current State of the Debate
33
The Definition of Punishment
33
Retributive Theories of Punishment
38
The Utilitarian Theory of Punishment
41
Current State of the Debate and Criticisms of Utilitarian Theory of Punishment
44
Compromise Theories of Punishment
48
4
The Errors of Retributivism
51
Judicial Approach to Retributivism
52
Desert as a Natural Response - Intrinsic Retributivism
56
Von Hirsch - Punishment as Denunciation and Censure
67
Duff's Theory - Communication and Reconciliation
72
Unfair Advantage Theory of Punishment
86
5
In Defence of a Utilitarian Theory of Punishment: Punishing the Innocent and the Compatibility of Utilitarianism and Rights
93
Punishing the Innocent and Utilitarianism
93
Punishing the Innocent and Retributivism
98
Utilitarianism and Rights
106
Utilitarian Justification for Rights
120
Utilitarianism and the Separateness of Persons
122
The Decisiveness of Consequences
124
6
Incapacitation, Deterrence and Rehabilitation: Flawed Ideals or Appropriate Sentencing Goals?
127
Incapacitation
128
Deterrence
138
Rehabilitation
151
7
Proportionality in Sentencing: Its Justification, Meaning and Role
163
The Role of Proportionality in Sentencing
165
Definitional Matters
168
Factors Relevant to the Seriousness of an Offence
171
The Justification of Proportionality
182
Commensurability Between the Offence and the Sanction
188
8
Suspended Sentences and Preventive Sentences: Illusory Evils and Disproportionate Punishments
191
Background and Overview of Suspended Sentences
192
Criticisms of Suspended Sentences
194
Background and Overview of Preventive Sentences
202
Objections to Preventive Sentences
205
More Illusory Sanctions - Discharges and Bonds
210
9
New Criminal Sanctions - Inflicting Pain Through the Denial of Employment and Education
215
Principles Governing Criminal Sanctions
216
Problems with Existing Sanctions
220
New Sanctions
222
10
Double Punishment and Punishing Character - The Unfairness of Prior Convictions
229
The Relevance of Prior Convictions to the Sentencing Process
230
The Doctrinal Basis for Prior Convictions
235
Proper Approach to Prior Convictions
246
Advantages of Flat Rate Sentencing - Unjust Society Concerns
247
11
Consistency and Fairness in Sentencing - The Splendour of Fixed Penalties
253
Criticisms of Fixed Penalties
256
Outline of Fixed Penalty Regime
264
Other Objections to Fixed Penalties
270
12
Conclusion
273
Bibliography
277
Index
297