Core Concepts in Criminal Law and Criminal Justice: Volume 1, Anglo-German Dialogues by Kai Ambos & Antony Duff & Julian Roberts & Thomas Weigend & Alexander Heinze

Author:Kai Ambos & Antony Duff & Julian Roberts & Thomas Weigend & Alexander Heinze [Ambos, Kai]
Language: eng
Format: azw3
Publisher: Cambridge University Press
Published: 2020-01-15T16:00:00+00:00

VI How Has the German System Incorporated Proportionality Principles? A Quest for Broader Theory of Proportionality in German Legal Theory?

After having demonstrated elements of proportionality in German sentencing it has become apparent that German criminal law does not recognise proportionality as a priority because it mixes retributive and consequentialist elements, thereby making punishment rather unpredictable. The following section therefore examines whether a cohesive system of proportionality can be developed on the basis of retributive and consequentialist theories.

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