Bennett, C.D. (2017) Retributivism and Totality: Can Bulk Discounts for Multiple Offending Fit the Crime? In: Ryberg, J., Roberts, J.V. and De Keijser, J., (eds.) Sentencing for Multiple Crimes. Studies in Penal Theory and Philosophy . Oxford University Press , pp. 57-74. ISBN 9780190607609
Abstract
This chapter examines how multiple offenders seem to pose a problem for broadly retributive principles of sentencing, focusing on the proper place and exercise of discretion to show why such problems are only apparent. It begins with a discussion of the issue of multiple offending and the discretion it seems to give sentencers as well as the bulk-discount principle that appears to guide decisions. It then considers two ways in which bulk discounts may appear to conflict with retributive sentencing theory, the fittingness problem and the selection problem. It also analyzes the key guiding thought within retributive approaches to criminal justice and distinguishes between two types of retributivism, moralistic and legalistic. The chapter concludes with the argument that retributivism is compatible with common approaches to multiple-offense sentencing.
Metadata
Item Type: | Book Section |
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Authors/Creators: |
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Editors: |
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Copyright, Publisher and Additional Information: | © 2018 Oxford University Press. This is an author-produced version of a chapter subsequently published in Jan de Keijser, Julian V. Roberts, and Jesper Ryberg (eds) Sentencing for Multiple Crimes. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Multiple offenders; discretion; multiple offending; bulk discount; retributive sentencing; fittingness problem; selection problem; criminal justice; retributivism; multiple-offense sentencing |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Arts and Humanities (Sheffield) > Department of Philosophy (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 28 Feb 2017 14:42 |
Last Modified: | 08 Dec 2019 01:40 |
Status: | Published |
Publisher: | Oxford University Press |
Series Name: | Studies in Penal Theory and Philosophy |
Refereed: | Yes |
Identification Number: | 10.1093/oso/9780190607609.003.0004 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:106300 |