exploring the mandatory life sentence for murder

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Exploring The Mandatory Life Sentence For Murder

Author : Barry Mitchell
ISBN : 9781782250258
Genre : Law
File Size : 82. 88 MB
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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.

The Global Decline Of The Mandatory Death Penalty

Author : Andrew Novak
ISBN : 9781317030287
Genre : Political Science
File Size : 42. 93 MB
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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.

The Death Penalty

Author : Roger Hood
ISBN : 9780191005312
Genre : Political Science
File Size : 66. 77 MB
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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.

Loss Of Control And Diminished Responsibility

Author : Professor Alan Reed
ISBN : 9781409497820
Genre : Law
File Size : 32. 80 MB
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This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.

Exploring Criminal Justice

Author : Don M. Gottfredson
ISBN : 1891487035
Genre : Law
File Size : 28. 85 MB
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The Journal Of Criminal Law

Author :
ISBN : UCAL:B5155845
Genre :
File Size : 56. 37 MB
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Joint Enterprise

Author : Great Britain: Parliament: House of Commons: Justice Committee
ISBN : 0215040589
Genre : Law
File Size : 88. 32 MB
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Joint enterprise is a form of secondary liability whereby a person who agrees to commit a crime with another becomes liable for all criminal acts committed by the other person (the principal offender) in the course of their joint criminal venture. It is a common law doctrine, which means it has been developed by the courts over the years. Inthis report the Justice Committee find that the law on joint enterprise is so confusing for juries and courts alike that legislation is needed urgently to ensure justice for both victims and defendants and end the high number of cases reaching the Court of Appeal. The MPs also call on the Director of Public Prosecutions to produce guidance for prosecutors on joint enterprise, particularly in cases of gang-related homicide. The Director of Public Prosecutions should collate data on the number of people charged under joint enterprise so that problems with the operation of the law identified by campaigning groups representing both victims and those that say they have been convicted in a miscarriage of justice can be alleviated, if necessary.

Exploring Crime

Author : Joseph F. Sheley
ISBN : 0534072127
Genre : Law
File Size : 43. 84 MB
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Life Without Parole

Author : Charles J. Ogletree
ISBN : 9780814762486
Genre : Social Science
File Size : 80. 55 MB
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Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

Alle Meine Freunde Haben Wen Umgebracht

Author : Curtis Dawkins
ISBN : 9783518757383
Genre : Fiction
File Size : 87. 20 MB
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Curtis Dawkins schreibt aus ungewöhnlicher Perspektive. Den Weg des Schriftstellers hatte er eingeschlagen, in namhaften Magazinen veröffentlicht, geheiratet, drei Kinder bekommen. Dann tötete er auf Crack einen Mann. Jetzt sitzt er lebenslänglich im Knast. Und dort schreibt er Literatur, die taumeln lässt. Zwischen Härte und Schönheit, zwischen Gut und Böse, zwischen Liebe und Hass. Dieses Buch ist die kraftvolle literarische Anverwandlung eines Schicksals, es erzählt von Männern hinter Gittern und ihren Versuchen, etwas von dem zurückzugewinnen, was unwiderruflich verloren ist. Es spricht von Freiheit, Liebe und Familie aus der Sicht derer, die ihr Recht darauf verwirkt haben. Curtis Dawkins findet dafür eine massive Sprache, einen Sound voller Sehnsucht, Humor und Tragik. Alle meine Freunde haben wen umgebracht wird so zu einem neuen und streitbaren Meisterwerk amerikanischen Erzählens.

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