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Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert
Book Chapters
Because the death penalty was so influential in its development, the law of homicide cannot be thoroughly understood without considering the subject of capital punishment. The question of whether or not the State is justified in taking an offender's life has for centuries been fraught with controversy. Moreover, the law on the subject has become enormously complicated as the courts have attempted to assure that the death penalty is fairly administered.
Sentencing, The Dilemma Of Discretion, Jerold H. Israel
Sentencing, The Dilemma Of Discretion, Jerold H. Israel
Book Chapters
[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …