Actual sin or potential sin

Author: [USA] Hirsch
Publisher:
Publish Date: 2001-01-01
Features: This book is a highly academically valuable work on criminal theory centered on sentencing, which has had a significant impact on sentencing theories in the UK and the USA, as well as sentencing practices in the USA. The author clarifies the concept and significance of blameworthiness, arguing that the theoretical foundation of the principle of proportionality between crime and punishment lies in the blameworthiness of the act rather than the need for general deterrence, and that the justification for punishment should be based on preventing crime and expressing moral condemnation of crime. The book demonstrates that harm and blameworthiness are the basic elements in evaluating the severity of a crime, explains the influence of prior convictions on measuring the severity of a crime, offers a profound critique and complete rejection of the rehabilitation theory and selective incapacitation theory, which were once popular in the West, especially in the USA, proposes a sentencing strategy of "incapacitation based on the type of crime" while ensuring the fairness of sentencing, thus achieving a compromise between sentencing based on actual crimes and sentencing based on potential crimes.