What is the principle of "proportionality" in sentencing?

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The principle of "proportionality" in sentencing emphasizes that the punishment imposed on an offender should be appropriately matched to the seriousness of the crime they have committed. This means that more severe crimes should lead to more severe penalties, while less serious offenses should result in lighter sentences. This principle is rooted in the idea of justice and fairness, ensuring that individuals are not excessively punished for minor offenses or inadequately punished for more serious infractions.

The application of proportionality helps maintain public confidence in the legal system, as it reflects societal norms about the appropriate responses to different types of criminal behavior. Courts often use this principle as a guideline to achieve balanced and meaningful sentencing outcomes, which also considers factors such as the nature of the offense, the harm caused, and the offender's intent.

Other options, such as determining sentences by the offender's age or focusing solely on minimum sentences, do not correctly capture the essence of proportionality. Additionally, while victim impact statements may be relevant in some contexts, they do not define the central tenet of proportionate sentencing, which is focused primarily on the crime and the offender's responsibility.

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