Bringing Principles and Fairness to the Sentencing of Murder

The authors take a closer look at the current sentencing laws for murder 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. Th...

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Hlavní autoři: Mitchell, B, Roberts, J
Médium: Journal article
Jazyk:English
Vydáno: 2013
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author Mitchell, B
Roberts, J
author_facet Mitchell, B
Roberts, J
author_sort Mitchell, B
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description The authors take a closer look at the current sentencing laws for murder 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 the sentencing regime in England and Wales, the authors argue their relevance for other countries that also impose a mandatory life sentence framework. © 2013 Springer Science+Business Media Dordrecht.
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spelling oxford-uuid:e012d753-0baf-452c-a976-699c9c1b0ef52022-03-27T09:44:06ZBringing Principles and Fairness to the Sentencing of MurderJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:e012d753-0baf-452c-a976-699c9c1b0ef5EnglishSymplectic Elements at Oxford2013Mitchell, BRoberts, JThe authors take a closer look at the current sentencing laws for murder 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 the sentencing regime in England and Wales, the authors argue their relevance for other countries that also impose a mandatory life sentence framework. © 2013 Springer Science+Business Media Dordrecht.
spellingShingle Mitchell, B
Roberts, J
Bringing Principles and Fairness to the Sentencing of Murder
title Bringing Principles and Fairness to the Sentencing of Murder
title_full Bringing Principles and Fairness to the Sentencing of Murder
title_fullStr Bringing Principles and Fairness to the Sentencing of Murder
title_full_unstemmed Bringing Principles and Fairness to the Sentencing of Murder
title_short Bringing Principles and Fairness to the Sentencing of Murder
title_sort bringing principles and fairness to the sentencing of murder
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