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MLL319 - 2016 T1 Proportionality Assignment

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Assignment 1 for Trimester 1, MLL319 - Sentencing Law and Practice. Essay on proportionality.

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MLL319 - 2016 T1 Proportionality Assignment
Topics this document covers:
Crime Criminology Academia Criminal justice Penology Criminal law Justice Punishment Retributive justice Deterrence Proportionality Sentence Mirko Bagaric Richard Edney
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Topics this document covers:
Crime Criminology Academia Criminal justice Penology Criminal law Justice Punishment Retributive justice Deterrence Proportionality Sentence Mirko Bagaric Richard Edney
Sample Text:
There is a big question that surrounds punishment and its value to society. Although there is a general consensus that criminals need to be punished, there are many views which debate why and how. Opposing theories such as retributivism and consequentialism provide different rationales for punishing crime. Supporters of these theories are critical of the opposing rationales and often strongly believe them to be unjust. The concept of proportionality regulates punishment and aims to provide the justification for it. Proportionality is relevant to both retributivist and consequentialist theories of punishment. But the role it plays as a principle is different according to the theory under consideration. The relevance of proportionality to sentencing and punishment cannot be understated. The basic proposition that “the punishment should fit the crime” is central to our system ...
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