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Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status

Citation

Warner, K, Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status, Principles and Values in Criminal Justice: Essays in Honour of Andrew Ashworth, Oxford University Press, L Zedner and JV Roberts (ed), Oxford, pp. 225-243. ISBN 9780199696796 (2012) [Research Book Chapter]

Copyright Statement

Copyright 2012 Oxford University Press

Official URL: http://ukcatalogue.oup.com/product/9780199696796.d...

Abstract

The principle of equality before the law requires that sentencing decisions should treat offenders equally irrespective of wealth, race, colour, sex, employment, or social status; and the principle of equal impact requires that sentences should be calibrated to create an equal penal impact on offenders subject to them. Like cases should be treated alike and different cases differently. However, sentencing law has grappled with the problem of which differences are to be considered relevant, while theorists have debated about how the principles of equality before the law and equal impact can be accommodated within retributive or consequential theories and reconciled with the principle of parsimony and issues of efficiency in the administration of criminal justice.

Item Details

Item Type:Research Book Chapter
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Criminal Law and Procedure
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Criminal Justice
Author:Warner, K (Professor Kate Warner)
ID Code:80676
Year Published:2012
Deposited By:Law
Deposited On:2012-11-07
Last Modified:2017-12-14
Downloads:4 View Download Statistics

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