Tuesday, June 7, 2011
Paul H. Robinson (University of Pennsylvania Law School) has posted Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing (Hukim: Israeli Journal on Legislation, Vol. 3, p. 5, March 2011) on SSRN. Here is the 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.