Chapter

Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status

Kate Warner

in Principles and Values in Criminal Law and Criminal Justice

Published in print August 2012 | ISBN: 9780199696796
Published online September 2012 | e-ISBN: 9780191742293 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696796.003.0014
Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status

Show Summary Details

Preview

This chapter explores the tensions between the principles of equality before the law and equal impact in the context of financial penalties and employment status. While it is acknowledged that the criminal justice system, and sentencing in particular, can do little to address social inequalities, it is argued that by failing to adopt a day or unit fine system, the United Kingdom, Australia, and other common law countries have lost an opportunity of doing justice to difference. However, in the case of employment status, it is argued that to allow employment to count in an offender's favour is contrary to the principle of equality and discriminatory; it is to do injustice to difference.

Keywords: equality; financial penalties; employment status; social inequality; common law

Chapter.  9480 words. 

Subjects: Criminal Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.