Andrew Von Hirsch
Biographic Data
| ID | 245611 |
|---|---|
| NAME | Andrew Von Hirsch |
| GIVEN NAMES | Andrew |
| FAMILY NAME | Von Hirsch |
| SIGNATURE | VON HIRSCH A |
| AFFILIATIONS | University of Cambridge |
| VERIFIED | No |
| TOTAL WORKS | 19 |
| TOTAL CITATIONS | 17 |
| WORKS AS AUTHOR | 19 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1977 |
| LATEST PUBLICATION YEAR | 2007 |
| H-INDEX | 3 |
The "Desert" Model for Sentencing
Andrew von Hirsch The “Desert” Model for Sentencing: Its Influence, Prospects, and Alternatives INTRODUCTION THE DECLINE OF THE REHABILITATIVE ETHOS IN SENTENCING THEORY in th e post-1960s is a story that has been told often (see, for example, Allen, 1981) and need not be rehearsed here.' Penal treatm ent programs, once tested for their effectiveness, showed scant success—or at most, succeeded only in limited categories of cases. Doubts grew also…
Proportionate Sentencing
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This book explores highly topical aspects of proportionality theory that require examination and further analysis. The book explores the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous…
Liberal Criminal Theory
This book celebrates Andreas (Andrew) von Hirsch’s pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. Thi…
Restorative Justice and Criminal Justice
Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of…
Record-enhanced sentencing in England and Wales
A new framework for criminal sentencing is under consideration for England and Wales. In a policy paper published in February 2001, the Home Office (2001a) announced it was considering basic changes in sentencing policy which would place substantially more emphasis on the offender’s previous criminal record than has been permissible under the desert-oriented approach embodied in the Criminal Justice Act 1991.2 There followed, in the summer of the…
Ethical and Social Perspectives on Situational Crime Prevention
Situational crime prevention has drawn increasing interest in recent years,yet the debate has looked mainly at whether it 'works' to prevent crime. This volume addresses the ethics of situational crime prevention and also examines the place of situational crime prevention within criminology. The contributors are twelve distinguished criminologists who together advance our understanding of the ethical and societal questions underlying crime preven…
Proportionate Sanctions and Sentence Substitutability
Proportionate Sentences for Juveniles
Although an extensive theoretical literature has developed on proportionality and desert as it relates to the sentencing of adult offenders, there has been less discussion of desert theory as it concerns the disposition of juvenile offenders. The present article addresses this latter topic. It is suggested that `deserved' punishments for juveniles should be scaled well below those applicable to adults, for three kinds of reasons: (1) juveniles' l…
Fundamentals of Sentencing Theory
PART I: FOUNDATIONS OF THE POWER TO PUNISH PART II: TROUBLESOME ISSUES IN SENTENCING THEORY PART III: RELATING THEORY TO CONTEMPORARY PUNISHMENT PRACTICE
Racial Disparity in Sentencing
This article analyses Roger Hood’s 1992 study of race and sentencing, which found evidence of possible racial discrimination in certain Crown Courts. Examining recent criticisms of the validity of these findings, it is suggested that an adequate threshold of significance was used in the study; that the exclusion of certain status variables did not invalidate the study’s findings; and that the choice of which sentencing variables to control for is…
The Logic of Prison Growht
Nils Chrissie , Crime Control as Industry
Desert and the Three Rs
(1993). Desert and the Three Rs. Current Issues in Criminal Justice: Vol. 5, No. 1, pp. 9-12
Proportionality in the Philosophy of Punishment
The principle of proportionality-that penalties be proportionate in their severity to the gravity of the defendant's criminal conduct-seems to be a basic requirement of fairness. Traditionally, penal philosophy has included a utilitarian tradition (dating from Bentham), which disregarded proportionality concerns, and a retributive tradition (dating from Kant), which did not supply a readily intelligible account of why punishment should be deserve…
Statutory Sentencing Principles
The sentencing commission and its guidelines
Doing Justice
Justifications for Punishment
Crimes and Punishments
Letters from readers
Statutory Sentencing Principles
Proportionality in the Philosophy of Punishment
The principle of proportionality-that penalties be proportionate in their severity to the gravity of the defendant's criminal conduct-seems to be a basic requirement of fairness. Traditionally, penal philosophy has included a utilitarian tradition (dating from Bentham), which disregarded proportionality concerns, and a retributive tradition (dating from Kant), which did not supply a readily intelligible account of why punishment should be deserve…
Proportionate Sentences for Juveniles
Although an extensive theoretical literature has developed on proportionality and desert as it relates to the sentencing of adult offenders, there has been less discussion of desert theory as it concerns the disposition of juvenile offenders. The present article addresses this latter topic. It is suggested that `deserved' punishments for juveniles should be scaled well below those applicable to adults, for three kinds of reasons: (1) juveniles' l…
Record-enhanced sentencing in England and Wales
A new framework for criminal sentencing is under consideration for England and Wales. In a policy paper published in February 2001, the Home Office (2001a) announced it was considering basic changes in sentencing policy which would place substantially more emphasis on the offender’s previous criminal record than has been permissible under the desert-oriented approach embodied in the Criminal Justice Act 1991.2 There followed, in the summer of the…
The Logic of Prison Growht
Nils Chrissie , Crime Control as Industry
Crimes and Punishments
Letters from readers
Justifications for Punishment
Doing Justice
The sentencing commission and its guidelines
Statutory Sentencing Principles
Proportionality in the Philosophy of Punishment
The principle of proportionality-that penalties be proportionate in their severity to the gravity of the defendant's criminal conduct-seems to be a basic requirement of fairness. Traditionally, penal philosophy has included a utilitarian tradition (dating from Bentham), which disregarded proportionality concerns, and a retributive tradition (dating from Kant), which did not supply a readily intelligible account of why punishment should be deserve…
Desert and the Three Rs
(1993). Desert and the Three Rs. Current Issues in Criminal Justice: Vol. 5, No. 1, pp. 9-12
The Logic of Prison Growht
Nils Chrissie , Crime Control as Industry
Racial Disparity in Sentencing
This article analyses Roger Hood’s 1992 study of race and sentencing, which found evidence of possible racial discrimination in certain Crown Courts. Examining recent criticisms of the validity of these findings, it is suggested that an adequate threshold of significance was used in the study; that the exclusion of certain status variables did not invalidate the study’s findings; and that the choice of which sentencing variables to control for is…
Fundamentals of Sentencing Theory
PART I: FOUNDATIONS OF THE POWER TO PUNISH PART II: TROUBLESOME ISSUES IN SENTENCING THEORY PART III: RELATING THEORY TO CONTEMPORARY PUNISHMENT PRACTICE
Proportionate Sanctions and Sentence Substitutability
Proportionate Sentences for Juveniles
Although an extensive theoretical literature has developed on proportionality and desert as it relates to the sentencing of adult offenders, there has been less discussion of desert theory as it concerns the disposition of juvenile offenders. The present article addresses this latter topic. It is suggested that `deserved' punishments for juveniles should be scaled well below those applicable to adults, for three kinds of reasons: (1) juveniles' l…
Record-enhanced sentencing in England and Wales
A new framework for criminal sentencing is under consideration for England and Wales. In a policy paper published in February 2001, the Home Office (2001a) announced it was considering basic changes in sentencing policy which would place substantially more emphasis on the offender’s previous criminal record than has been permissible under the desert-oriented approach embodied in the Criminal Justice Act 1991.2 There followed, in the summer of the…
Ethical and Social Perspectives on Situational Crime Prevention
Situational crime prevention has drawn increasing interest in recent years,yet the debate has looked mainly at whether it 'works' to prevent crime. This volume addresses the ethics of situational crime prevention and also examines the place of situational crime prevention within criminology. The contributors are twelve distinguished criminologists who together advance our understanding of the ethical and societal questions underlying crime preven…
Restorative Justice and Criminal Justice
Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of…
Liberal Criminal Theory
This book celebrates Andreas (Andrew) von Hirsch’s pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. Thi…
Proportionate Sentencing
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This book explores highly topical aspects of proportionality theory that require examination and further analysis. The book explores the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous…
The "Desert" Model for Sentencing
Andrew von Hirsch The “Desert” Model for Sentencing: Its Influence, Prospects, and Alternatives INTRODUCTION THE DECLINE OF THE REHABILITATIVE ETHOS IN SENTENCING THEORY in th e post-1960s is a story that has been told often (see, for example, Allen, 1981) and need not be rehearsed here.' Penal treatm ent programs, once tested for their effectiveness, showed scant success—or at most, succeeded only in limited categories of cases. Doubts grew also…
Political science (16 works) · Criminology (14 works) · Law (13 works) · Psychology (12 works) · Criminal Justice and Corrections Analysis (11 works) · Sociology (11 works) · Criminal justice (7 works) · Law (6 works) · Social Psychology (6 works) · Computer Science (5 works)