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Beyond Just Deserts: Sentencing Violent and Sexual Offenders

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Abstract:

Under Section 2(2)(b) of the Criminal Justice Act 1991 dangerous offenders who have committed a violent or sexual offence may receive a longer custodial sentence than would be justified on the basis of proportionality in order to protect the public from serious harm. This article examines how the courts have made such predictions of dangerousness and the extent to which sentences have been enhanced in such cases. The implications of this approach, in terms of justice and sentencing disparity, are considered. Finally, a postscript considers how these provisions would be affected by the Crime Sentences Act 1997.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/1468-2311.00057

Affiliations: University of Leicester

Publication date: August 1, 1997

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