Responding to the Culpable State: Is Sentence Mitigation Appropriate? (Studies in Penal Theory and Ethics)

This volume explores ethical aspects relating to claims for mitigation arising from culpable state action (or inaction).It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct?The volume explores the normative justifications for mitigation and answers many intriguing questions.For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending?Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders?Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing.To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions?Do sentence reductions for state misconduct undermine