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Keywords: proportionality
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Journal Articles
New Criminal Law Review (2021) 24 (3): 301–325.
Published: 01 July 2021
...Jacob Bronsther “Limiting retributivists” believe that the vagueness of retributive proportionality represents a moral opportunity. They maintain that the state can permissibly harm an offender for the sake of crime prevention and other nonretributive goods, so long as the sentence resides within...
Journal Articles
New Criminal Law Review (2020) 23 (1): 27–59.
Published: 01 February 2020
... vigilantism proportionality THE PRICE OF CRIMINAL LAW SKEPTIC ISM: TEN FUNCTIONS OF THE CRIMINAL LAW Douglas Husak* A growing trend in philosophical commentary about penal justice is what I loosely call criminal law skepticism. The scholarship I have in mind does not simply urge caution or a more...
Journal Articles
New Criminal Law Review (2019) 22 (4): 359–390.
Published: 01 November 2019
... of “roads not taken” in the ordinary criminal justice process that would be attractive improvements in that larger system. We consider three of these doctrines: (1) more searching review of the proportionality of sentencing outcomes; (2) imposition of a requirement of individualized sentencing that has led...
Journal Articles
New Criminal Law Review (2019) 22 (1): 73–98.
Published: 01 February 2019
... types of proportionality constraints: the gravity of the prohibited conduct, the homeless person’s moral blameworthiness, and their personal situation. This article proposes an alternate punishment scheme that minimizes the prospect of entrenchment in homelessness and remedies those three...
Journal Articles
New Criminal Law Review (2017) 20 (3): 391–432.
Published: 01 August 2017
... penalties have been validated. This jurisprudence is considered through a range of themes, including notions of arbitrariness, the doctrine of proportionality, the relevance of objectives of the criminal justice system, and broader questions regarding the separation of powers. mandatory sentencing...
Journal Articles
New Criminal Law Review (2014) 17 (3): 442–501.
Published: 01 August 2014
...Jamie D. Brooks In Miller v. Alabama , the Supreme Court appealed to neuroscience studies concerning the diminished capacities of adolescents to justify leniency in the sentencing of juvenile offenders. Reflecting on the recent proliferation of juvenile proportionality cases, the Court noted “[o]ur...
Journal Articles
New Criminal Law Review (2013) 16 (3): 309–363.
Published: 01 July 2013
... research interests are administrative, tort, and criminal law. © 2013 by the Regents of the University of California. 2013 punishment reasonable doubt proportionality SCALED PUNISHMENTS Matthew Wansley* This article challenges the principle that punishment is only justified after a defendant...
Journal Articles
New Criminal Law Review (2012) 15 (4): 572–611.
Published: 01 October 2012
...Mohamad Al-Hakim; Susan Dimock Our principal concern in this paper is with the accusation that hate crime legislation violates the principle of proportionality and related principles of just sentencing, such as parity, fair notice, and representative labelling. We argue that most attempts...