ISBN : 9780199696796
Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.
Andrew Ashworth: A Tribute
PART 1. CRIMINAL LAW
1. Ashworth on Principles
2. Principles, Policies, and Politics of Criminal Law
3. Criminal Attempt, the Rule of Law, and Accountability in Criminal Law
4. Presuming Innocence
5. Fair Labelling and Social Solidarity
6. Distraction and Negligence
7. On Justifications and Excuses
8. Years of Provocation, Followed by a Loss of Control
PART 2. CRIMINAL PROCESS AND HUMAN RIGHTS
9. Positive Obligations and Criminal Justice: Duties to Protect or Coerce?
10. Exploring Entrapment
11. Excluding Evidence as Protecting Constitutional or Human Rights?
12. Community Sanctions and European Human Rights Law
13. A System of International Criminal Justice for Human Rights Violations: What is the General Justification for its Existence?
PART 3. SENTENCING
14. Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status
15. Sentencing Women: Towards Gender Equality
16. Proportionate Sentencing and the Rule of Law
17. Concurrent and Consecutive Sentences Revisited
18. 'Wrongful' Acquittals and 'Unduly Lenient' Sentences - Misconceived Problems that Provoke Unjust Solutions