Law in Contemporary Society

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JustinColannino-SecondPaper 8 - 02 Apr 2008 - Main.JustinColannino
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Proportionality in criminal penalties.

Introduction: Harsh penalties in the United States

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Why the high incarceration rate?

In his book Harsh Punishment, James Q. Whitman discusses two aspects of the American law of punishment that are responsible for the increase in incarceration rate. First is the increase in offenses demanding prision time, including drug offenses and other nonviolent crimes. Second, is a dramatic increase in the length of sentinces for inmates, which are so disproportionate to Europe that American inmates serve sentences roughly five to ten times that of their European counterparts. Longer sentinces and more crimes which demand a prison term are two clear factors which lead to a larger prison population.
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<		that the disproportion between american sentinces and those of some european countres are such that American inmates serve sentences roughly five to ten times as long as their European counterparts.
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Why does this happen?

 

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

Consequences:


Revision 8r8 - 02 Apr 2008 - 21:29:14 - JustinColannino
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