Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing
Hukim: Israeli Journal on Legislation, Vol. 3, p. 5, March 2011
18 Pages Posted: 21 May 2011
Date Written: March 1, 2011
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.
Keywords: Penal law, Israel, punishment, sanctions, sentencing, criminal code, desert, judges, judicial discretion, mitigation, aggravation, sentencing guidelines, criminal justice
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