Chapter

Proportionate Sentencing and the Rule of Law

Malcolm Thorburn

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/9780199696796.003.0016
Proportionate Sentencing and the Rule of Law

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This chapter focuses on two of Ashworth's most cherished principles of criminal justice: the ‘strong proportionality principle’ and the ‘state monopoly principle’. It argues that, taken together, these two principles set out a jurisdictional conception of criminal sentencing. That is, unlike most of his contemporaries who have jumped immediately to the question of how best to justify the punishment of criminal offenders, Ashworth has seen that such questions may only be asked meaningfully once we have settled two conceptually prior questions: Who has jurisdiction to impose criminal punishment? And, what, specifically, do criminal punishers have the jurisdiction to do?

Keywords: criminal justice; strong proportionality principle; state monopoly principle; criminal sentencing; punishment; jurisdiction

Chapter.  8635 words. 

Subjects: Criminal Law

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