Giving content to the principle of proportionality: happiness and pain as the universal currency for matching offence seriousness and penalty severity

The principle of proportionality prescribes that the punishment should equal the crime. It is one of the most important principles of sentencing. Yet, despite its widespread acceptance it offers no meaningful guide to sentencing. Hence penalty levels fluctuate greatly between jurisdictions and within jurisdictions. This is because there is no universally agreed criterion for measuring offence seriousness or penalty severity. This article suggests that the appropriate criteria for matching offence seriousness and penalty severity is the level of unhappiness or pain stemming from each of these impositions. Thus, for example, the level of pain meted out to a rape offender should equal the level of pain caused to a rape victim. Emerging scientific studies on human well-being and happiness show that human beings are similarly built in terms of the experiences that are either conducive or inimical to well-being. This commonality provides a strong foundation to be confident to make reasonably accurate predictions concerning the extent to which adverse events, such as being the victim of a criminal offence or subjected to a form of criminal sanction will stifle human flourishing. This will then allow us to match accurately offence seriousness and penalty level.

Injecting content into the mirage that is proportionality in sentencing

Sentencing involves the deliberate infliction of harm by society on individuals. It is the most coercive means through which the community imposes its collective (albeit civilised) displeasure at harmful conduct. It is an important and complex process, which involves balancing fundamental interests of victims and the community on the one hand and offenders on the other. The single most important determinant in setting criminal sanctions is the principle of proportionality, which provides that the harshness of the penalty should match the seriousness of the offence. The principle is intuitively appealing but in reality is an illusion, and hence the reason why penalties for criminal offences vary enormously within and across jurisdictions. The main reason is because there is no agreement regarding the considerations that inform offence severity or sanction hardship. This article injects content into the proportionality principle by suggesting that both limbs of the principle should be informed by the extent to which the crime and the sanction set back the well-being of victims and offenders, respectively. These interests are not conclusively mapped. However, a methodology is set out for establishing these interests. This will lead to greater consistency in sentencing and provide a sounder, normative foundation for the manner in which society deals with criminals.

ChainCluster : engineering a cooperative content distribution framework for highway vehicular communications

The recent advances in wireless communication techniques have made it possible for fast-moving vehicles to download data from the roadside communications infrastructure [e.g., IEEE 802.11b Access Point (AP)], namely, Drive-thru Internet. However, due to the high mobility, harsh, and intermittent wireless channels, the data download volume of individual vehicle per drive-thru is quite limited, as observed in real-world tests. This would severely restrict the service quality of upper layer applications, such as file download and video streaming. On addressing this issue, in this paper, we propose ChainCluster, a cooperative Drive-thru Internet scheme. ChainCluster selects appropriate vehicles to form a linear cluster on the highway. The cluster members then cooperatively download the same content file, with each member retrieving one portion of the file, from the roadside infrastructure. With cluster members consecutively driving through the roadside infrastructure, the download of a single vehicle is virtually extended to that of a tandem of vehicles, which accordingly enhances the probability of successful file download significantly. With a delicate linear cluster formation scheme proposed and applied, in this paper, we first develop an analytical framework to evaluate the data volume that can be downloaded using cooperative drive-thru. Using simulations, we then verify the performance of ChainCluster and show that our analysis can match the simulations well. Finally, we show that ChainCluster can outperform the typical studied clustering schemes and provide general guidance for cooperative content distribution in highway vehicular communications.