Responding to the Culpable State: Is Sentence Mitigation Appropriate?

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Leo Zaibert (University of Cambridge, UK) Julian V Roberts (University of Oxford, UK)

Responding to the Culpable State

Is Sentence Mitigation Appropriate?

Leo Zaibert (University of Cambridge, UK), Julian V Roberts (University of Oxford, UK), Jesper Ryberg (Roskilde University, Denmark)

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English

Hart Publishing
06 February 2025

Penology & punishment; Criminology: legal aspects; Sentencing & punishment

Series: Studies in Penal Theory and Ethics

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.

Edited by: Leo Zaibert (University of Cambridge UK), Julian V Roberts (University of Oxford, UK), Jesper Ryberg (Roskilde University, Denmark)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509975655
ISBN 10: 1509975659
Series: Studies in Penal Theory and Ethics
Pages: 304
Publication Date: 06 February 2025
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

Leo Zaibert is the Andreas von Hirsch Professor of Penal Theory and Ethics, and Director of the Centre for Penal Theory and Ethics, University of Cambridge, UK. Julian V Roberts is Professor of Criminology, University of Oxford, UK. Jesper Ryberg is Professor of Ethics and Philosophy of Law, Roskilde University, Denmark.