Dealing with Potential Terrorists within a Censure-based Model of Sentencing

in A. du Bois-Pedain & A. Bottoms (eds.), Penal Censure: Engagements Within and Beyond Desert Theory (2019, Hart Publishing), pp. 161-183.

24 Pages Posted: 15 Apr 2019

See all articles by Alessandro Corda

Alessandro Corda

Queen's University Belfast - School of Law; University of Minnesota Law School

Date Written: March 19, 2019

Abstract

In this chapter, I address the issue of whether and, if so, to what extent, increases in sentences beyond the censure-based deserved amount can be justified by the offender's alleged dangerousness. This topic raises issues concerning censure, proportionality and dangerous offenders that go beyond traditional analyses of whether and when predictions of dangerousness arguably justify use of disproportionately severe punishments. The focus is on preparatory terrorist offences recently enacted in many Western jurisdictions as a response to attacks carried out by terrorist groups or organisations.

Keywords: sentencing, criminal law, terrorism, pre-inchoate offences, risk, dangerousness, preventive state

JEL Classification: K14

Suggested Citation

Corda, Alessandro, Dealing with Potential Terrorists within a Censure-based Model of Sentencing (March 19, 2019). in A. du Bois-Pedain & A. Bottoms (eds.), Penal Censure: Engagements Within and Beyond Desert Theory (2019, Hart Publishing), pp. 161-183.. Available at SSRN: https://ssrn.com/abstract=3355500 or http://dx.doi.org/10.2139/ssrn.3355500

Alessandro Corda (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast, BT7 1NN
United Kingdom

HOME PAGE: http://pure.qub.ac.uk/en/persons/alessandro-corda

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

HOME PAGE: http://robinainstitute.umn.edu/people/alessandro-corda

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