Responding to the Culpable State
Language: English
Published by Bloomsbury Publishing PLC, GB, 2026
- Softcover
- New
Seller: Rarewaves.com UK, London, United KingdomRarewaves.com UK
AbeBooks seller since June 11, 2025
Condition: New
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Add to basketItem description from seller
This volume explores ethical aspects relating to claims for mitigation arising from culpable state action (or inaction). It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct? The volume explores the normative justifications for mitigation and answers many intriguing questions. For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending? Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders? Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing. To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions? Do sentence reductions for state misconduct undermine proportionality, or deprecate the seriousness of the impact on the victim of crime? Should this factor be included in any sentencing guidelines or possibly even as a statutory mitigating factor? Each contribution explores a distinct, cross-jurisdictional claim for mitigation on the basis of State negligence or misconduct towards the offender. The chapters all address the appropriate response of courts at sentencing.…
Seller Inventory # LU-9781509975648
- Title
- Responding to the Culpable State
- Author
- Leo Zaibert
- Publisher
- Bloomsbury Publishing PLC, GB
- Publication year
- 2026
- Condition
- New
- Binding
- Paperback
- Language
- English
- ISBN 10
- 1509975640
- ISBN 13
- 9781509975648
- Item weight
- 460 grams
It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct?
The volume explores the normative justifications for mitigation and answers many intriguing questions. For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending? Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders? Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing. To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions? Do sentence reductions for state misconduct undermine proportionality, or deprecate the seriousness of the impact on the victim of crime? Should this factor be included in any sentencing guidelines or possibly even as a statutory mitigating factor?
Each contribution explores a distinct, cross-jurisdictional claim for mitigation on the basis of State negligence or misconduct towards the offender. The chapters all address the appropriate response of courts at sentencing.
"Synopsis" may belong to another edition of this title.
About the Author
Julian V Roberts is Professor of Criminology at the University of Oxford and Fellow of Worcester College, UK.
Photo courtesy of Faculty of Law, University of Oxford.
Jesper Ryberg is Professor of Ethics and Philosophy of Law at the Department of Philosophy at Roskilde University, Denmark.
"About the title" may belong to another edition of this title.
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