BRINGING PRINCIPLES AND FAIRNESS TO THE SENTENCING OF MURDER

ABSTRACT. Theauthorstakeacloserlookatthecurrentsentencinglawsformurder and argue the need to change them. Expanding on the proposals described in the recently published book, Exploring the Mandatory Life Sentence for Murder, the authors provide a more detailed explanation for the new framework. The proposals suggest a new method of sentencing, and discuss how primary and secondary mitigating and aggravating favors can play a role in forming the suggested scheme. This article suggests that this method would constitute a more principled approach compared to mandatory life sentencing, by achieving higher levels of proportionality, greater consistency and restraint in the use of custody. While these proposals focus on thesentencingregimeinEnglandandWales,theauthorsarguetheirrelevanceforother countries that also impose a mandatory life sentence framework