The Right to Be Punished

Modern Doctrinal Sentencing

  • Gabriel¬†Hallevy

Table of contents

  1. Front Matter
    Pages i-xv
  2. Gabriel Hallevy
    Pages 15-56
  3. Gabriel Hallevy
    Pages 57-101
  4. Gabriel Hallevy
    Pages 103-119
  5. Gabriel Hallevy
    Pages 121-187
  6. Gabriel Hallevy
    Pages 189-210
  7. Back Matter
    Pages 211-236

About this book

Introduction

Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

Keywords

Criminal Law Criminology Penology Punishment Sentencing

Authors and affiliations

  • Gabriel¬†Hallevy
    • 1
  1. 1., Faculty of LawOno Academic CollegeKiryat OnoIsrael

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-642-32388-1
  • Copyright Information Springer-Verlag Berlin Heidelberg 2013
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-642-32387-4
  • Online ISBN 978-3-642-32388-1
  • About this book