Aggravation, Mitigation, and Mercy in English Criminal Justice
Offering a comment on the justification for sentences, this work refutes jurisprudential attacks on the propriety of mercy, and discusses the shortcomings of the Court of Appeal's approaches to consistency and other principles of sentencing. The appendices list "guideline cases" anddefinitions of "seriousness" for the purpose of different statutes.
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Proportionality Consistency Attempts to standardise
Sentencing for What?
General Previous criminal record Taking other offences into
Dangerousness in practice Longerthancommensurate LTC sen
Statutory and Miscellaneous Pleas
Youth and Old Age
14 Cr App aggravation allowed attempt Attorney-General's reference behaviour capital punishment character theory circumstances committed convicted Court of Appeal Cr App Rep Crim LR crime Criminal Justice Act Crown Court Crown Prosecution Service culpability Current Sentencing Practice custodial sentence dangerous driving death defendant desert detention deterrent diminished responsibility disqualification duress effect evidence example excuse guidelines guilty Home Office Home Secretary Homicide Act 1957 hospital order imprisonment insanity insanity defence judge jury Justice Act 1991 justified juvenile kind Law Reports lenient less loss of self-control LTC sentence magistrates manslaughter maximum mentally disordered mercy merely mitigation murder non-custodial offender's Offenders Act penalising penalty person persuaded plea pleaded police prison sentence prosecution protect the public provocation psychiatric punishment rape reason recognise reduced regarded release relevant retributive retributivism retributivists risk rule seems serious harm severity sexual offence sometimes sort statute suffer trial type of offence utilitarian victim violence young offenders