Proportionality in criminal penalties.

Introduction: Ewing and weak or limited retributivism.

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

Consequences:

Checks against moral panic

Provides a hook for prison reform

References

[] Proportionality Principles in the American System of Criminal Justice Richard S. Frase, Perspectives, The Magazine of the University of Minnesota Law School, Fall 2005.

[] The Constitutional Right Against Excessive Punishment, Youngjae Lee, 91 Virginia Law Review 677, 2005.

[] Moral Panics: The Social Construction of Deviance, Erich Goode & Nachman Ben-Yehuda, Blackwell Publishing, 1994.

-- JustinColannino - 28 Mar 2008

FYI - Eben seems to vastly prefer in text links over references at the end. I'm sure this is just cause you're still working in the outline phase but its something really easy to forget about.

-- JulianBaez - 02 Apr 2008