Proportionality in Crime Control and Criminal JusticeThis edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new securiSocial Science Electronic Publishing...
proportionality Also found in:Dictionary,Thesaurus,Medical,Encyclopedia,Wikipedia. 1in English court practice, the relatively new principle that costs of a case should be related to its importance and value. It has had a dramatic effects on cost recovery and the conduct of litigation. ...
737–741, and this Essay assumes that the principle of proportionality means that the harshness of the punishment should reflect our level of condemnation or disapproval of the criminal act. Youngjae Lee, “Why Proportionality Matters”, University of Pennsylvania Law Review 160(6) (2012): pp....
79–84. Discretion, Automation, and Proportionality 161 irrespective of the closer delineations at European and national levels, the different, specific proportionality principles share the common core of contextualization aimed at limiting the unfettered exercise of power—by ensuring that public means ...
This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of ...
Adequacy means that the intervention to a human right of an individual must be suitable and appropriate to achieve the goal that was sought by the lawmaker. The means that were chosen by the limiting law must in fact be eligible to fulfil the purpose. At this stage, the interpreter examines...
The three most commonly used principles measure the disproportionality of government measures relative to (1) the moral culpability of the person subject to the measure; (2) the likely social benefits of the measure; or (3) less burdensome measures that would achieve the same benefits. This ...
Proportionality – An Unattainable Ideal in the Criminal Justice System, Manchester Law Review, Vol 2:41Joel GohJoel Goh, `Proportionality - An Unattainable Ideal in the Criminal Justice System', Manchester Student Law Review, Vol 2, 2013.
An understanding of what constitutional disproportionality means can be helped by comparative analysis. A characteristics of determining when disproportionality is constitutionally unacceptable is that courts must make value judgments about whether the standard set by the constitution of their country may have...
The problem is how to determine whether the severity of a punishment for a criminal offense is proportional to the seriousness of that offense. The resolution to this problem proposed in the article is that, first, one understand punishment as pain or loss intentionally and openly inflicted on ...