Document Type

Article

Publication Date

3-1-2011

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

Publication Title

Hukim: Israeli Journal on Legislation

Publication Citation

Hukim: Israeli Journal on Legislation, Volume 3, March 2011

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