Exploring The Mandatory Life Sentence For Murder
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Exploring The Mandatory Life Sentence For Murder
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Author : Barry Mitchell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-10-19
Exploring The Mandatory Life Sentence For Murder written by Barry Mitchell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-19 with Law categories.
Murder is often regarded as both the 'ultimate' and a unique crime, and whereas courts are normally given discretion in sentencing offenders, for murder the sentence is mandatory – indeterminate imprisonment. Since the crime and the punishment come as a 'package deal' this book looks at both the legal nature of the offence and at the current operation of the mandatory life sentence. Not only does the book adopt a critical approach, by assessing the strengths and weaknesses of the status quo, it also draws upon comparative material from both common and civil law jurisdictions in an attempt to provide a comprehensive exploration of these issues. The need for public confidence in the criminal justice system is particularly acute in the way it deals with the most serious homicides. In this book the authors report findings from the first systematic exploration of public attitudes to sentencing murder in this or any other common law jurisdiction. The picture of public opinion emerging from this recent large-scale nationwide qualitative and quantitative survey, funded by the Nuffield Foundation, is likely to surprise many, and will be of interest to all jurisdictions where the mandatory life sentence for murder has been questioned.
Public Opinion And The Penalty For Murder
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Author : Homicide Review Advisory Group (HOMRAG)
language : en
Publisher: Waterside Press
Release Date : 2011-12-08
Public Opinion And The Penalty For Murder written by Homicide Review Advisory Group (HOMRAG) and has been published by Waterside Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-08 with Law categories.
The Homicide Review Advisory Group (HomRAG) was set up in 2004 to run alongside the work of the Law Commission which was reviewing aspects of the law on murder. This multidisciplinary group was convened on the initiative of Sir Louis Blom-Cooper QC and Professor Terence Morris; and was initially chaired by the late Very Reverend Colin Slee, Dean of Southwark and now by Sir Louis. In essence, the group is concerned with promoting a just law of murder. As part of this aim and in view of developments in Parliament in late-2011 and continuing into 2012 concerning sentencing and the use of mandatory sentences in particular, HomRAG has published its first report for consideration by law-makers and other interested parties. Harking back to the abolition of capital punishment, the group argue that the mandatory life sentence for murder is both unjust and outdated; a compromise arrived at in the 1960s in order to ensure that abolition of the death penalty made its way through both Houses of Parliament. Neither it nor the present system of tariff-setting allow for sentences which match the seriousness of individual crimes, so that, e.g. a single 'mercy killing' attracts the same penalty as that for a murder which is part of a course of serial killings. Further, the indefinite and misleading nature of the life sentence - which may or may not involve a life spent in prison - is both unjust and incomprehensible to even better-informed lay people. Building on modern research which shows that the public and public opinion are nowadays by no means averse to such a change, the report urges that the time has come for a move to fixed sentences for murder as with any other individual crime so that the exact circumstances of offences can be properly reflected by the courts.
The Global Decline Of The Mandatory Death Penalty
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Global Decline Of The Mandatory Death Penalty written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Political Science categories.
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
Life Imprisonment
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Author : Dirk van Zyl Smit
language : en
Publisher: Harvard University Press
Release Date : 2019-01-14
Life Imprisonment written by Dirk van Zyl Smit and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-14 with Law categories.
Life imprisonment has replaced the death penalty as the most common sentence imposed for heinous crimes worldwide. Consequently, it has become the leading issue of international criminal justice reform. In the first survey of its kind, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this harsh punishment.
Contemporary Challenges To Criminal Justice
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Author : Paul Behrens
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-28
Contemporary Challenges To Criminal Justice written by Paul Behrens and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.
Life Imprisonment And Human Rights
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Author : Dirk van Zyl Smit
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-01
Life Imprisonment And Human Rights written by Dirk van Zyl Smit and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Social Science categories.
In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.
The Death Penalty
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Author : Roger Hood
language : en
Publisher: OUP Oxford
Release Date : 2015-01-08
The Death Penalty written by Roger Hood and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-08 with Political Science categories.
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Homicide In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2018-09-03
Homicide In Criminal Law written by Alan Reed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Caught
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Author : Marie Gottschalk
language : en
Publisher: Princeton University Press
Release Date : 2016-02-16
Caught written by Marie Gottschalk and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-16 with Political Science categories.
A major reappraisal of crime and punishment in America The huge prison buildup of the past four decades has few defenders, yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.
Homicide And The Politics Of Law Reform
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Author : Jeremy Horder
language : en
Publisher: Oxford University Press
Release Date : 2012-07-12
Homicide And The Politics Of Law Reform written by Jeremy Horder and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Law categories.
What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.