Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing

Robinson, Paul H.

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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

Abstract:
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 justice

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Date posted: May 21, 2011

Suggested Citation

Robinson, Paul H., Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing (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. Available at SSRN: http://ssrn.com/abstract=1846579

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Paul H. Robinson (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States