Exploring crime seriousness

2020 ◽  
pp. 119-138
Author(s):  
David Canter
Keyword(s):  
Author(s):  
James Manwaring

AbstractMany philosophers have raised difficulties for any attempt to proportion punishment severity to crime seriousness. One reason for this may be that offering a full theory of proportionality is simply too ambitious. I suggest a more modest project: setting a lower bound on proportionate punishment. That is, I suggest a metric to measure when punishment is not disproportionately severe. I claim that punishment is not disproportionately severe if it imposes costs on a criminal wrongdoer which are no greater than the costs which they intentionally caused to others. I flesh out the implications of this Lower bound by discussing how to measure the costs of crime. Methodologically, I claim that different costs should be compared by considering preferences. Substantively, I claim that many proportionality judgements undercount the costs of crime by focusing only on the marginal and not the average cost. I suggest that we may hold defendants causally responsible for their contribution to the costs of that type of crime.


1984 ◽  
Vol 30 (2) ◽  
pp. 227-244 ◽  
Author(s):  
Leslie Sebba

Research on the measurement of crime seriousness, whether for statistical or research purposes, has generally defined “seriousness” exclusively in terms of the amount of harm actually inflicted, without consideration of the mental state or intentions of the actor. This has been justified on grounds of principle, on the basis of research findings, and for pragmatic reasons. It is posited here that none of these arguments is convincing. Society has a legitimate interest in measuring the amount of harm inflicted by crime, but a basic indicator of criminality must also take the mental element into account.


Criminology ◽  
1985 ◽  
Vol 23 (1) ◽  
pp. 99-118 ◽  
Author(s):  
FRANCIS T. CULLEN ◽  
BRUCE G. LINK ◽  
LAWRENCE F. TRAVIS ◽  
JOHN F. WOZNIAK

1973 ◽  
Vol 1 (3) ◽  
pp. 241-253 ◽  
Author(s):  
Nelson B. Heller ◽  
J.Thomas McEwen

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