Beyond proportionate punishment: difficult cases and the 1991 Criminal Justice Act
Within six months of implementation, the Criminal Justice Act 1991, which had been hailed as the most important piece of criminal justice legislation in England and Wales for many years, was already being undermined in practice, and a new Act, which amends or even reverses some of its more progressi...
| Autor principal: | |
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| Tipo de documento: | Electrónico Artículo |
| Lenguaje: | Inglés |
| Publicado: |
1994
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| En: |
Crime, law and social change
Año: 1994, Volumen: 22, Número: 1, Páginas: 59-78 |
| Acceso en línea: |
Volltext (lizenzpflichtig) |
| Journals Online & Print: | Gargar...
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| Verificar disponibilidad: | HBZ Gateway |
| Palabras clave: |
| Sumario: | Within six months of implementation, the Criminal Justice Act 1991, which had been hailed as the most important piece of criminal justice legislation in England and Wales for many years, was already being undermined in practice, and a new Act, which amends or even reverses some of its more progressive principles, was brought before Parliament. This paper looks at some problems of proportionality in practice — through discussion of penological principles, and through consideration of the kinds of cases which are most difficult for a desert approach. Alternative ideas are examined to see whether they could offer any better framework for penal policy and practice. A "mixed" theory is advocated, with parsimony as its most important principle. |
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| Notas: | Literaturverzeichnis: Seite 77-78 |
| ISSN: | 1573-0751 |
| DOI: | 10.1007/BF01300839 |
