Chapter

Introduction

Richard S. Frase

in Just Sentencing

Published in print December 2012 | ISBN: 9780199757862
Published online January 2013 | e-ISBN: 9780199979547 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199757862.003.0000

Series: Studies in Penal Theory and Philosophy

Introduction

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The Introduction provides an overall summary of the book, describing the origins and contents of the proposed sentencing model. The need for a new model is evident in light of four important developments: reduced emphasis on rehabilitation as a sentencing goal, with greater emphasis on retribution, deterrence, and collective (nonindividualized) incapacitation; movement away from highly discretionary sentencing and parole release; massive increases and racial disparities in prison and jail populations; and constitutional law decisions imposing minimal limits on severe prison sentences and racial disparities but increased procedural requirements for sentencing enhancements. The Introduction shows how Norval Morris’s limiting retributivism theory helps to harmonize and prioritize the often-conflicting purposes of punishment, and how the best state sentencing guidelines provide suitable procedures for implementing that theory. The proposed model’s principles and procedures are then summarized, showing the most important ways in which they differ from Morris’s model and existing sentencing guidelines systems.

Keywords: deterrence; incapacitation; limiting retributivism; Norval Morris; purposes of punishment; rehabilitation; retribution; sentencing guidelines

Chapter.  8557 words. 

Subjects: Criminal Law

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