Proportionality in criminal penalties.

Introduction: Ewing and weak or limited retributivism.

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

Consequences:

Checks against moral panic

Provides a hook for prison reform

References

[] Proportionality Principles in the American System of Criminal Justice Richard S. Frase, Perspectives, The Magazine of the University of Minnesota Law School, Fall 2005.

[] The Constitutional Right Against Excessive Punishment, Youngjae Lee, 91 Virginia Law Review 677, 2005.

[] Moral Panics: The Social Construction of Deviance, Erich Goode & Nachman Ben-Yehuda, Blackwell Publishing, 1994.

-- JustinColannino - 28 Mar 2008