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Mamak Kamil Barczak-Oplustil Agnieszka Kwiatkowski Daniel Małecki Mikołaj Zając Dominik 《Crime, Law and Social Change》2022,77(3):305-320
Crime, Law and Social Change - Nobody should profit from crime; this fundamental moral principle is uncontroversial. At the level of public declaration, few people are likely to disagree with this... 相似文献
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Why Should Remorse be a Mitigating Factor in Sentencing? 总被引:1,自引:1,他引:0
Steven Keith Tudor 《Criminal Law and Philosophy》2008,2(3):241-257
This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse
is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering
mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation.
The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the
fourth. The article then considers, and rejects, two arguments against remorse as a mitigating factor in sentencing: that
the crime, not the offender, is the focus of punishment; and that the truly remorseful offender would not ask for mitigation.
The article concludes with a brief consideration of whether a lack of remorse should be an aggravating factor.
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Steven Keith TudorEmail: |
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