NCJ Number
18865
Date Published
1973
Length
24 pages
Annotation
EXAMINATION OF THE MANDATORY LIFE SENTENCE (THE PRESENT PENALTY FOR MURDER SINCE ABOLITION OF THE DEATH PENALTY BY THE 1965 ACT), WITH RECOMMENDATIONS FOR ITS MANNER OF IMPOSITION.
Abstract
THE MAIN PROVISIONAL CONCLUSIONS ON THE PENALTY FOR MURDER ARE: (1) THAT THE MANDATORY LIFE SENTENCE SHOULD BE RETAINED, SUBJECT TO (4) BELOW; (2) THAT THE POWER OF THE COURT TO MAKE RECOMMENDATIONS AS TO MINIMUM PERIOD SHOULD BE RETAINED, BUT AMENDED SO THAT A RECOMMENDATION BECOMES APPEALABLE; (3) THAT A CONVICTEE UNDER 18 SHOULD BE SENTENCED TO DETENTION, AND RELEASED, AS DIRECTED BY THE SECRETARY OF STATE AND THAT NO RECOMMENDATION AS TO MINIMUM TERM BE MADE; (4) THAT FURTHER CONSIDERATION SHOULD BE GIVEN TO THE PROPOSAL THAT, IN CERTAIN TRAGIC CASES OF MURDER, A JUDGE SHOULD BE ABLE TO MAKE A HOSPITAL, PROBATION OR CONDITIONAL DISCHARGE ORDER WHERE FOR THE ACCUSED TO SERVE ANY SENTENCE OF IMPRISONMENT WOULD BE BOTH ODIOUS AND CONTRARY TO THE INTERESTS OF JUSTICE.