Law in Contemporary Society

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JustinColannino-SecondPaper 21 - 22 Apr 2008 - Main.JustinColannino
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 Pettit concludes his exploration of the outrage dynamic by recommending a politically insulated policy board to set sentences for crimes, thereby breaking the cycle of punishment escalation [10]. However, this politically insulated body already exists in the judicial branch of government. A constitutional guarantee of not more than proportional punishment would provide a mechanism to strike down punishments deemed too harsh, thus stopping the cycle of escalation in punishments.

A new jurisdictional hook for prison reform

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<		The terrible conditions in prison have been well documented [9]. If criminals were guaranteed proportional punishment, the ability to send a criminal to a United States jail at all for some crimes could be challenged. Then, courts able to impose the choice: clean up jails or have no jail time for some classes of offense.
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>		The terrible conditions in prison have been well documented [9]. If criminals were guaranteed proportional punishment, the ability to send a criminal to a United States jail at all for some crimes could be challenged. Then, courts would be able to impose the choice: clean up jails or have no jail time for some classes of offense.
 

References

[1] Folk Devils and Moral Panics,

Revision 21r21 - 22 Apr 2008 - 12:22:37 - JustinColannino
Revision 20r20 - 15 Apr 2008 - 18:45:55 - JustinColannino
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