Chapter

Proportionality in Sentencing: The Need to Factor in Community Experience, Not Public Opinion

Mirko Bagaric

in Popular Punishment

Published in print June 2014 | ISBN: 9780199941377
Published online May 2014 | e-ISBN: 9780199374694 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199941377.003.0005

Series: Studies in Penal Theory and Philosophy

Proportionality in Sentencing: The Need to Factor in Community Experience, Not Public Opinion

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This chapter criticizes several influential retributivist attempts to give content to the proportionality principle. Although the chapter rejects any direct role for public opinion in shoring up the proportionality principle, it underlines the importance of exploring the public’s experience about the effects of crime and of allowing such experiences to inform the seriousness component of the proportionality principle.

Keywords: proportionality; public opinion; punishment; retributivism; utilitarianism

Chapter.  10662 words. 

Subjects: Criminal Law ; Jurisprudence and Philosophy of Law

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