This volume explores ethical aspects relating to claims for mitigation arising from culpable state action (or inaction).
It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct?
The volume explores the normative justifications for mitigation and answers many intriguing questions. For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending? Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders? Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing. To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions? Do sentence reductions for state misconduct undermine proportionality, or deprecate the seriousness of the impact on the victim of crime? Should this factor be included in any sentencing guidelines or possibly even as a statutory mitigating factor?
Each contribution explores a distinct, cross-jurisdictional claim for mitigation on the basis of State negligence or misconduct towards the offender. The chapters all address the appropriate response of courts at sentencing.
It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct?
The volume explores the normative justifications for mitigation and answers many intriguing questions. For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending? Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders? Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing. To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions? Do sentence reductions for state misconduct undermine proportionality, or deprecate the seriousness of the impact on the victim of crime? Should this factor be included in any sentencing guidelines or possibly even as a statutory mitigating factor?
Each contribution explores a distinct, cross-jurisdictional claim for mitigation on the basis of State negligence or misconduct towards the offender. The chapters all address the appropriate response of courts at sentencing.
Betaal eenvoudig met kaart, Klarna, Apple Pay of Google Pay. Niet tevreden? Je hebt altijd 14 dagen bedenktijd. Lees meer in onze voorwaarden. Heb je vragen, mail ons dan via hello@memmo.org.
Memmo maakt studeren makkelijker – waar je ook bent ter wereld. Wij brengen je cursusboeken en slimme studietools samen op één plek: samenvattingen, quizzen, podcasts en flashcards. En Ted, je studievriend die antwoord geeft op alles wat je je afvraagt. Meer dan 50.000 studenten studeren hier al – gebouwd om je sneller te laten leren en minder stress te geven.