Proportionality of Punishment

Question 1

The Doctrine of Proportionality

Answer 1

(1) The doctrine of proportionality is asserted in sentencing to ensure
that an offender receives punishment appropriate to the crime they committed.
(a) Any punishment imposed is proportionate if the case is a serious offense; any crime short of murder.
(b) If it is a small offense that is receiving a big punishment, courts may apply proportionality analysis. This is because is inherently seems disproportionate

Question 2

General Principals: Immanuel Kant

Answer 2

The Philosophy of Law
(i) If you steal from another, you steal from yourself. 1. If you steal, the property of all becomes
insecure, therefore robbing all of security.
There is the right to retaliation. (ii) He who murders, must die.
1. His execution must be free of maltreatment

Question 3

General Principals: Jeremy Bentham

Answer 3

(i) When the laws to prevent mischief are worthwhile:
1. If they prevent all sorts of offenses whatsoever so that no offense is committed.
a. The value of punishment cannot be less than the profit of the offense
2. If they must commit an offense: To induce him to commit an offense that is less mischievous.
a. The greater the mischief, the greater the expense. Thus, the greater punishment.The punishment for the greater offense must be sufficient to induce a man to prefer the less
3. If when committing an offense, they ensure that they do no more mischief than is necessary to his purpose
a. The punishment should be adjusted in such a manner to each particular offense, that for every party there may be a motive to restrain the offender from giving birth to it
4. If whatever the mischief may be, to prevent it as cheap a rate as possible
a. The punishment ought in no case be more than what is necessary to bring it into conformity with the rules here given

Question 4

Eighth Amendment

Answer 4

(i) The Eighth Amendment to the United States Constitution provides that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”
(ii) Extends to:
1. Against all punishments which by the
excessive length or severity are greatly
disproportionate to the offense charged (iii) Unusual- Objective interpretation
1. Looks at public attitudes, history and precedent, legislative attitudes, and the response of juries
(iv) Cruel- Subjective interpretation
1. Looks at if the court sees the punishment as
cruel
2. At the time the Eight Amendment was
passed, cruel punishments were torture
a. To use that information for
interpretation: Originalist i. Scalia