Law in Contemporary Society

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JustinColannino-SecondPaper 11 - 03 Apr 2008 - Main.JulianBaez
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Proportionality in criminal penalties.

Introduction: Harsh penalties in the United States

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 James Q. Whitman, Oxford University Press, 2005.
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Well you seem to have a whole argument there but I still don't know what proportionality means or how we define it. I don't think Americans taking part in the outrage cycle think they are asking for disproportional sentence. I think they also implicitly believe that harsher sentences will reduce crime. This is untrue but something you probably should address.

Also, how would people react to a proportionality argument and will it even be possible to enact? The current SCOTUS surely will not find it in the 8th Amendment which means its up to the legislature which is the most subject to the outrage cycle.

-- JulianBaez - 03 Apr 2008

Well you seem to have a whole argument there but I still don't know what proportionality means or how we define it. I don't think Americans taking part in the outrage cycle think they are asking for disproportional sentence. I think they also implicitly believe that harsher sentences will reduce crime. This is untrue but something you probably should address.

Also, how would people react to a proportionality argument and will it even be possible to enact? The current SCOTUS surely will not find it in the 8th Amendment which means its up to the legislature which is the most subject to the outrage cycle.

-- JulianBaez - 03 Apr 2008

 
 
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Revision 10r10 - 03 Apr 2008 - 14:31:44 - JustinColannino
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