Search results
Results From The WOW.Com Content Network
Proportionality is a general principle in law which covers several separate (although related) concepts: . The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the ...
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Proportional punishment, imposing the most severe sentences on the most serious offenders Truth in sentencing , so the judge's sentence would more closely reflect actual prison time Sentence uniformity , to reduce disparities among judges
Law professor John Stinneford asserts that the Eighth Amendment forbids punishments that are very disproportionate to the offense, even if the punishment by itself is not intrinsically barbaric, but he argues that "proportionality is to be measured primarily in terms of prior practice" according to the word unusual in the amendment, instead of ...
The United States Constitution contains several provisions related to criminal sentencing. The Excessive Fines Clause and the Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution prohibit certain disproportionate sentences. Further, the Cruel and Unusual Punishments Clause prohibits the imposition of ...
The upper part of the stela of Hammurapis' code of laws. The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics, as well as to criminal justice in ...
CJFOs are "the most common form of punishment imposed by criminal justice systems" in the US. [7] Over a 30 year period from 1982 to 2012, the number of individuals in the US who were incarcerated or under supervision rose from an estimated 2,712,500 to 9,100,000, and the proportion of those subject to related fines rose from 12% to 37%. [ 14 ]
Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, an armed career criminal or habitual offender law may subject a defendant to a significant increase in their sentence if they commit a third offence of a certain kind. This makes it difficult for fine gradations in punishments ...