Sentencing and Human Rights: The Limits on Punishment
Sentencing and Human Rights sets out to develop a systematic account of the importance of human rights principles at sentencing. Sentencing theory is dominated by discussion of the aims of punishment, but it is questionable whether the limits identified in the leading theories—principally the idea o...
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| Materiálatiipa: | Online |
| Giella: | eaŋgalasgiella |
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Oxford University Press
2024
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| Fáttát: | |
| Liŋkkat: | ONIX_20240708_9780192870384_5 |
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| _version_ | 1869517755918581760 |
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| author | Summers, Sarah |
| author_browse | Summers, Sarah |
| author_facet | Summers, Sarah |
| author_sort | Summers, Sarah |
| collection | Directory of Open Access Books |
| description | Sentencing and Human Rights sets out to develop a systematic account of the importance of human rights principles at sentencing. Sentencing theory is dominated by discussion of the aims of punishment, but it is questionable whether the limits identified in the leading theories—principally the idea of proportionality or commensurability between the wrongdoing and the sentence—have served to constrain the sentencing decision in practice. It is argued that one reason for this is that insufficient attention has been paid to the special nature of state punishment as a process mediated by and through law. Punishment in the rule of law demands adherence to human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions, and mandatory minimum sentences. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualized in sentencing theory. |
| format | Online |
| id | doab-20.500.12854ir-139696 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Oxford University Press |
| publisherStr | Oxford University Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1396962024-07-09T04:00:50Z Sentencing and Human Rights: The Limits on Punishment Summers, Sarah Human Rights Sentencing Punishment Criminal Law thema EDItEUR::L Law Sentencing and Human Rights sets out to develop a systematic account of the importance of human rights principles at sentencing. Sentencing theory is dominated by discussion of the aims of punishment, but it is questionable whether the limits identified in the leading theories—principally the idea of proportionality or commensurability between the wrongdoing and the sentence—have served to constrain the sentencing decision in practice. It is argued that one reason for this is that insufficient attention has been paid to the special nature of state punishment as a process mediated by and through law. Punishment in the rule of law demands adherence to human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions, and mandatory minimum sentences. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualized in sentencing theory. 2024-07-09T04:00:49Z 2024-07-09T04:00:49Z 2024-07-08T16:19:08Z 2022 book ONIX_20240708_9780192870384_5 https://library.oapen.org/handle/20.500.12657/91668 9780192870384 https://directory.doabooks.org/handle/20.500.12854/139696 eng open access image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/91668/1/209592.pdf Oxford University Press 10.1093/oso/9780192870384.001.0001 10.1093/oso/9780192870384.001.0001 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 c9fff097-a6b0-4c97-afcd-d033f5f27a3d 07f61e34-5b96-49f0-9860-c87dd8228f26 9780192870384 Swiss National Science Foundation (SNF) Oxford 10BP12_209592 Open Access Books Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung Swiss National Science Foundation 10.13039/501100001711 open access |
| spellingShingle | Human Rights Sentencing Punishment Criminal Law thema EDItEUR::L Law Summers, Sarah Sentencing and Human Rights: The Limits on Punishment |
| title | Sentencing and Human Rights: The Limits on Punishment |
| title_full | Sentencing and Human Rights: The Limits on Punishment |
| title_fullStr | Sentencing and Human Rights: The Limits on Punishment |
| title_full_unstemmed | Sentencing and Human Rights: The Limits on Punishment |
| title_short | Sentencing and Human Rights: The Limits on Punishment |
| title_sort | sentencing and human rights the limits on punishment |
| topic | Human Rights Sentencing Punishment Criminal Law thema EDItEUR::L Law |
| topic_facet | Human Rights Sentencing Punishment Criminal Law thema EDItEUR::L Law |
| url | ONIX_20240708_9780192870384_5 |
| work_keys_str_mv | AT summerssarah sentencingandhumanrightsthelimitsonpunishment |