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  1. Proportionate Sentencing: Exploring the Principles.Andrew Von Hirsch & Andrew Ashworth - 2005 - Oxford University Press UK.
    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 (...)
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  • Public Prosecutors and Discretion: A Comparative Study.Julia Fionda - 1995 - Oxford University Press UK.
    The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far reaching. In this original study the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England and Wales and Germany over the process of sentencing offenders in the criminal justice system. This study offers a detailed analysis of prosecutorial power to (...)
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  • Appraising Strict Liability.Andrew Simester (ed.) - 2005 - Oxford University Press.
    This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault. Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental issues. The breadth and depth (...)
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  • The time to punish and the problem of moral luck.Daniel Statman - 1997 - Journal of Applied Philosophy 14 (2):129–136.
    Christopher New recently argued for the seemingly paradoxical idea that there is no moral reason not to punish someone before she commits her crime (‘prepunishment’), provided that we can be sure that she will, in fact, commit the crime in the future. I argue that the air of paradox dissolves if we understand the possibility of prepunishment as relying on an anti‐moral‐luck position. However, New does not draw the full conclusions from such a position, which would allow prepunishment even prior (...)
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  • Time and Punishment.Christopher New - 1992 - Analysis 52 (1):35 - 40.
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  • The Audit Society: Rituals of Verification.Michael Power - 1999 - British Journal of Educational Studies 47 (1):92-94.
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  • Strict liability and the presumption of innocence: An exposé of functionalist assumptions.Paul Roberts - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
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  • World Citizens between Freedom and Security.Klaus Günther - 2005 - Constellations 12 (3):379-391.
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  • The Criminal Law as Last Resort.Douglas Husak - 2004 - Oxford Journal of Legal Studies 24 (2):207-235.
    In this article I examine one condition a minimalist theory of criminalization might contain: the criminal law should be used only as a last resort. I discuss how this principle should be interpreted and the reasons we have to accept it. I conclude that a theory of criminalization should probably include the (appropriately construed) last resort principle. But this conclusion will prove disappointing to those who hope to employ this principle to bring about fundamental reform in the substantive criminal law. (...)
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