Sentencing and Human Rights: The Limits on Punishment

The article discusses the role of human rights in sentencing practices and their compatibility with constitutional or human rights principles. It argues that the traditional view of sentencing theory as a branch of moral philosophy has obscured the importance of considering the special nature of state punishment as mediated by and through law. The article suggests that human rights principles, such as legality, proportionality, equality, and judicial responsibility, should be taken into account at the sentencing stage to limit important practices such as the imposition of aggravated sentences for previous convictions and the treatment of confessions and mandatory minimum sentences.

Format: Hardback
Length: 304 pages
Publication date: 04 November 2022
Publisher: Oxford University Press

The protection of individuals from substantive unfairness or injustice in the imposition of punishment has received limited attention in the academic discourse. Human rights are crucial in shaping the sentencing process, regulating the procedures and outcomes, defining the role of the state, and granting legitimacy to the punishment system. The traditional perspective that sentencing theory is best understood as a branch of moral philosophy has obscured the significance of considering the unique nature of state punishment as mediated by and through law, as well as the importance of human rights principles, particularly legality, proportionality, equality, and judicial responsibility in determining the sentence.

Sarah J. Summers delves into the widespread sentencing practices across Europe and beyond, examining their compatibility with constitutional or human rights principles. Sentencing and Human Rights offers a comprehensive account of the importance of human rights principles at the sentencing stage. By considering these principles, we can explore how they can limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions, and the use of mandatory minimum sentences. It is important to recognize that punishment serves multiple aims, and the balance of these aims may shift over time, particularly in the context of lengthy prison sentences.

The role of human rights in sentencing is multifaceted. Firstly, they ensure that individuals are treated with dignity and respect, regardless of their background or circumstances. Human rights principles prohibit discrimination and ensure that the punishment imposed is fair and proportionate to the offense committed. They also emphasize the importance of due process, which includes the right to a fair trial, the right to legal representation, and the right to be heard by a competent and impartial tribunal.

Secondly, human rights play a crucial role in mitigating the severity of punishment. They provide a framework for considering the individual circumstances of the offender, such as their age, mental health, and social context. By taking these factors into account, the sentencing process can be more compassionate and rehabilitative, aiming to address the root causes of criminal behavior and promote reintegration into society.

Thirdly, human rights promote transparency and accountability in the sentencing process. They ensure that the state's actions are governed by the rule of law and that the decision-making process is fair and impartial. Human rights principles also provide mechanisms for appeal and review, allowing individuals to challenge the decisions of the courts and ensure that their rights are protected throughout the legal process.

In conclusion, the consideration of human rights principles at the sentencing stage is essential for promoting fairness, justice, and the protection of individual rights. Human rights play a pivotal role in shaping the sentencing process, regulating the procedures and outcomes, defining the role of the state, and granting legitimacy to the punishment system. By recognizing the importance of human rights, we can strive for a more compassionate and rehabilitative approach to sentencing, ensuring that individuals are treated with dignity and respect and that the punishment imposed is fair and proportionate to the offense committed.

Weight: 614g
Dimension: 241 x 162 x 22 (mm)
ISBN-13: 9780192870384