Theories of Sentencing: Punishment and the Deterrent Value of Sentencing

K Warner

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Criminal Justice and Penology Criminal Law and Policy Law, Economics, and Judicial Systems

Abstract

This is a daunting topic. The literature on the aims of punishment and sentencing is vast and includes writers from the fields of moral philosophy, jurisprudence, criminal law theory and criminology. In addition psychologists, behavioural economists and neuroscientists have contributed to the debate about rational choice theory – a basic assumption of deterrence. 1 From a historical perspective broad trends in the popularity of individual theories of punishment are discernible, but there has been and remains little consensus about which theory should dominate. The predominant philosophy in the 19 th

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