Andrew von Hirsch addresses a number of emerging conceptual questions concerning the proportionality of criminal sentences, an approach that is gaining influence worldwide including in England where the Criminal Justice Act of 1991 made proportionality the primary criterion for determining sentences. This study deals with how the idea of penal censure justifies proportionate sentences, how a penalty scale should be anchored in order to reduce overall punishment levels, how non-custodial penalties should be graded and used, and how political pressures impinge on sentencing policies. It offers a coherent and humane way of allocating punishments, appropriate for a society that treats convicted offenders as citizens whose rights and choices should continue to be respected.
This principled and humane approach to sentencing is set forth clearly and concisely, as are the views of its critics. A valuable restating and updating of one of the most influential theories of punishment extant, it has both contemporary and lasting significance. Highly recommended. --
Choice