BRINGING PRINCIPLES AND FAIRNESS TO THE SENTENCING OF MURDER

Collection Location Koleksi E-book & E-Journal Perpustakaan Pusat Unila
Edition vol 24 issue 4
Call Number
ISBN/ISSN 1572 9850
Author(s) Mitchell, Barry
ROBERTS, JULIAN V.
Subject(s) LAW
Classification NONE
Series Title
GMD E-Journal
Language English
Publisher Springer
Publishing Year 2013
Publishing Place Switzerland
Collation
Abstract/Notes ABSTRACT. Theauthorstakeacloserlookatthecurrentsentencinglawsformurder and argue the need to change them. Expanding on the proposals described in the recently published book, Exploring the Mandatory Life Sentence for Murder, the authors provide a more detailed explanation for the new framework. The proposals suggest a new method of sentencing, and discuss how primary and secondary mitigating and aggravating favors can play a role in forming the suggested scheme. This article suggests that this method would constitute a more principled approach compared to mandatory life sentencing, by achieving higher levels of proportionality, greater consistency and restraint in the use of custody. While these proposals focus on thesentencingregimeinEnglandandWales,theauthorsarguetheirrelevanceforother countries that also impose a mandatory life sentence framework.
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