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188) See VON HIRSCH & ASHWORTH, supra note 27, at 4 ("The desert rationale rests on the idea that the penal sanction should fairly reflect the degree of reprehensibleness (that is, the harmfulness and culpability) of the actor's conduct.
3 Generally, the Minnesota Supreme Court has insisted that aggravating and mitigating factors should relate to the degree of reprehensibleness of the criminal conduct in the particular case.
A thoroughgoing desert conception would require the severity of the penal response to depend heavily on the degree of reprehensibleness of the conduct--thus leaving limited scope for rehabilitative considerations (except for deciding among responses of comparable severity[36]).