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"Sentencing and Comparative Theory"

By Douglas A. Berman

The title of this post is the title of this notable new piece of scholarship from Professor Richard Frase available via SSRN.  Here is the abstract: Mirjan Damaska and other comparative criminal justice theorists have given very little attention to how comparative law models and theories might apply to sentencing.  Although numerous scholars have studied the differences in sentencing alternatives and overall punishment severity across national boundaries, almost none have linked these differences to the models and theories used to describe, explain, and predict changes in criminal pretrial and guilt-determination procedures. In the United States there have been significant recent changes in sentencing goals and procedures, in particular: 1) retributive and public safety goals have been given increased emphasis, while rehabilitation has been de-emphasized; 2) many U...continue to full post

Full post as published by Sentencing Law and Policy on June 11, 2010 (boomark / email).