LET SPECIFICITY, CLARITY, AND PARSIMONY OF PURPOSE BE OUR GUIDE

SMITH, MICHAEL E.

LAW AND POLICY, n.º 4/1998, pág. 491

1. Introduction: what does the rule of law require?. a) What has been lost in the construction of presumptive grid guidelines?. b) What is gained by a rule of law requiring the court to reason from purpose to sentence, by inferences form the facts and circumstances of each case?. 2. The importance of specificity, clarity, and parsimony of penal purpose and strategy in noncustodial sentencing. a) Why is specificity of penal purpose and strategy important?. b) Why is clarity important?. c) Why is parsimony important?. 3. How clarity and specificity of penal purpose and strategy make individual characteristics and circumstances relevant. a) Homelessness. b) Poverty. c) Family responsibilities and circumstances. d) Employment. 4. Some specifics on managing the risk of failure. 5. Conclusion. 6. Notes. 7. References.