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

Hukim: Israeli Journal on Legislation, Vol. 3, p. 5, March 2011

U of Penn Law School, Public Law Research Paper No. 11-19

18 Pages Posted: 21 May 2011  

Paul H. Robinson

University of Pennsylvania Law School

Date Written: March 1, 2011

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.

Keywords: Penal law, Israel, punishment, sanctions, sentencing, criminal code, desert, judges, judicial discretion, mitigation, aggravation, sentencing guidelines, criminal justice

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: https://ssrn.com/abstract=1846579

Paul H. Robinson (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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