This book provides practical assistance to members of the judiciary, defence lawyers, prosecutors and others working on capital cases on the sentencing principles and procedures that have been adopted in common law jurisdictions following the abolition of the mandatory death penalty.
Whether the death penalty is mandatory or discretionary, it is impossible to ensure that it is administered without cruelty, arbitrariness, discrimination or error. However, pending complete abolition, if the death penalty is to be imposed, it is essential that it is applied restrictively and in accordance with international human rights law.
With reference to comparative international practice, the book provides guidance on the application of key legal tests, constitutional safeguards and relevant factors to be considered in the sentencing exercise to assist legal professionals in navigating a discretionary sentencing system. The authors provide expert critique and analysis throughout, drawing on their extensive experience of criminal and constitutional death penalty appeals to raise contemporary legal issues and questions.
Sentencing in Capital Cases by Joe Middleton and Amanda Clift-Matthews, with Edward Fitzgerald QC, is published in association with Doughty Street Chambers.