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date: 25 August 2019

Abstract and Keywords

This chapter offers a comparative analysis of sentencing laws, practices, and trends in various jurisdictions. It first provides an overview of the theoretical foundations of sentencing, focusing on single-rationale models, mixed models, and hybrid models; prevention-based sentencing such as rehabilitation; desert-based sentencing; and whether sentencing without certainty is about the question of guilt. It then examines the framework for sentencing and sentencing procedures in different legal systems, with particular emphasis on who decides on sentencing rules and outcomes in individual cases. Four types of decision-makers (legislatures, sentencing commissions, sentencing judges, and agencies that decide about parole) are considered, along with sole responsibility versus mixed responsibility models. The article concludes by exploring the overall sentence severity or punitiveness of legal systems and assessing future prospects for sentencing.

Keywords: sentencing laws, sentencing, single-rationale models, mixed models, hybrid models, prevention-based sentencing, desert-based sentencing, sole responsibility, mixed responsibility, sentence severity

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