Towards equalisation of the impact of the penal fine : why the wealth of the offender was taken into account
Faraldo‐Cabana, Patricia (2014) Towards equalisation of the impact of the penal fine : why the wealth of the offender was taken into account. International Journal for Crime, Justice and Social Democracy, 3(1), pp. 3-15.
Important changes in the legal regulation of the fine culminated in the implementation of the day‐fine system in many European countries during the twentieth century. These changes resulted from various late nineteenth century rationalities that considered the fine a justifiable punishment. Therefore, they supported extending its application by making it affordable for people on low incomes, which meant imprisonment for fine default could mostly be avoided without undermining the end of punishment. In this paper I investigate the historical development of the penal fine as well as the changing forms of this penalty in Western European criminal systems from the end of the eighteenth century until the late nineteenth century.
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|Item Type:||Journal Article|
|Keywords:||Fine, short‐term imprisonment, fine default, equality principle, liberalism|
|Subjects:||Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Courts and Sentencing (160203)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Criminology not elsewhere classified (160299)
|Divisions:||Current > Research Centres > Crime & Justice Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
|Copyright Owner:||Copyright 2014 The Author|
|Deposited On:||26 Feb 2015 23:49|
|Last Modified:||01 Mar 2015 22:26|
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