Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing
Paul H. Robinson
University of Pennsylvania Law School
March 1, 2011
Hukim: Israeli Journal on Legislation, Vol. 3, p. 5, March 2011
U of Penn Law School, Public Law Research Paper No. 11-19
In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.
Number of Pages in PDF File: 18
Keywords: Penal law, Israel, punishment, sanctions, sentencing, criminal code, desert, judges, judicial discretion, mitigation, aggravation, sentencing guidelines, criminal justiceAccepted Paper Series
Date posted: May 21, 2011
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