Bringing principles and fairness to the sentencing of murder

Barry J. Mitchell, J.V. Roberts

    Research output: Contribution to journalArticle

    2 Citations (Scopus)

    Abstract

    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.
    Original languageEnglish
    Pages (from-to)501-526
    JournalCriminal Law Forum
    Volume24
    Issue number4
    DOIs
    Publication statusPublished - 2013

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    imprisonment
    fairness
    homicide
    proportionality
    child custody
    regime
    Law

    Bibliographical note

    The full text of this item is not available from the repository.
    The final publication is available at www.springerlink.com.

    Keywords

    • sentencing laws
    • murder
    • mandatory life sentencing
    • criminal law

    Cite this

    Bringing principles and fairness to the sentencing of murder. / Mitchell, Barry J.; Roberts, J.V.

    In: Criminal Law Forum, Vol. 24, No. 4, 2013, p. 501-526.

    Research output: Contribution to journalArticle

    Mitchell, Barry J. ; Roberts, J.V. / Bringing principles and fairness to the sentencing of murder. In: Criminal Law Forum. 2013 ; Vol. 24, No. 4. pp. 501-526.
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