Censure and Sanctions

A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be "proportionate" to the severity of the crime. This treatise, written by the leading architect of "just deserts" sentencing theory, discusses how sentences may be scaled proportionately to the gravity of the crime. Topics discussed include: how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be anchored to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how political pressures impinge on sentencing policies.