Foreword |
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v | |
Acknowledgements |
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ix | |
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xv | |
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Table of Statutory Provisions |
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xvii | |
Introduction |
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1 | (4) |
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2 | (1) |
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2 | (1) |
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3 | (2) |
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1 Defining Murder and Other Forms of Criminal Homicide |
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5 | (20) |
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5 | (1) |
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I Some Preliminary Considerations |
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6 | (2) |
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II The Law's Reflection of the Seriousness of Homicides |
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8 | (5) |
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III The Most Serious Forms of Criminal Homicide as Defined by Other Jurisdictions |
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13 | (3) |
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IV The Over-inclusivity and Under-inclusivity of Murder in England and Wales |
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16 | (7) |
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23 | (2) |
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2 Origins of the Mandatory Life Sentence for Murder |
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25 | (11) |
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25 | (1) |
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I The Abolition of the Death Penalty |
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25 | (10) |
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35 | (1) |
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3 The Mandatory Life Sentence for Murder: the Status Quo |
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36 | (19) |
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36 | (1) |
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I The Evolution of the Mandatory Life Sentence |
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36 | (3) |
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II The Legal Construction of the Mandatory Life Sentence |
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39 | (9) |
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III The Meaning of Life: The Mandatory Life Sentence in Practice |
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48 | (2) |
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IV Release of Mandatory Lifers on Licence |
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50 | (4) |
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54 | (1) |
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4 Making the Case For and Against the Mandatory Life Sentence |
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55 | (11) |
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55 | (1) |
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I The Uniqueness of Murder |
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55 | (1) |
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II The Consequences of the Law's Failure to Ensure that Murder is Uniquely Heinous |
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56 | (2) |
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III The Need to Maintain Public Confidence in the Criminal Justice System |
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58 | (2) |
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IV Public Protection and Dangerousness |
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60 | (2) |
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V The Need to Distinguish between Murder and Manslaughter |
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62 | (1) |
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VI Problems in Assessing the Correct Length of Determinate Sentences |
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62 | (1) |
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VII Further Reasons for Abandoning the Mandatory Life Sentence |
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63 | (2) |
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65 | (1) |
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5 Public Knowledge of Trends in Crime and Punishment |
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66 | (22) |
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66 | (1) |
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I Why are Public Views Relevant? |
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66 | (3) |
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II Why Has the Subject been Overlooked? |
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69 | (1) |
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III Deficiencies of Opinion Polls as a Measure of Public Opinion |
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70 | (2) |
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IV Murder as a Special Case |
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72 | (1) |
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V Surveys of Attitudes to the Death Penalty |
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73 | (1) |
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74 | (2) |
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VII Public Knowledge of Murder Trends and the Mandatory Life Sentence |
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76 | (2) |
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VIII Murder Trends in England and Wales: Perceptions and Reality |
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78 | (3) |
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IX Perceptions of Time Served in Prison by Offenders Convicted of Murder |
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81 | (3) |
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X Public Estimates of Life Licence Re-offending Statistics |
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84 | (2) |
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XI Knowledge Levels of the Mandatory Life Sentence in Focus Groups |
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86 | (1) |
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86 | (2) |
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6 Public Attitudes to Sentencing in Cases of Murder |
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88 | (18) |
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88 | (1) |
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I Poll Trends in Attitudes to Sentencing for Murder |
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88 | (2) |
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II Previous Research on Public Attitudes to Sentencing in Cases of Murder |
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90 | (1) |
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III Purposes of Sentencing |
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91 | (1) |
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IV Perceptions of Sentencing Leniency |
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92 | (1) |
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V Public Reaction to Sentencing in Specific Cases of Murder |
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93 | (7) |
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VI Public Reaction to `Joint Enterprise' Murder |
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100 | (3) |
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VII Comparisons with Other Jurisdictions |
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103 | (2) |
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105 | (1) |
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7 Exploring the Relationship between Information and Attitudes to Sentencing |
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106 | (11) |
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106 | (1) |
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I Effects of Information on Attitudes: Some Prior Research Findings |
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107 | (9) |
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116 | (1) |
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8 Reforming the Sentence for Murder: the Way Forward |
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117 | (26) |
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117 | (1) |
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I The Case Against the Status Quo |
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117 | (1) |
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II Objectives of the Scheme |
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118 | (1) |
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III Some assumptions Underlying the Model |
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119 | (1) |
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IV Towards a More Principled Sentencing Regime |
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119 | (2) |
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V Three Sentence Categories: (I) Life Without Parole; (II) Life With Parole; (III) Fixed Terms of Imprisonment |
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121 | (15) |
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136 | (2) |
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VII A Necessary Procedural Adjustment |
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138 | (1) |
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139 | (1) |
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IX Sentence Reduction for a Guilty Plea |
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140 | (1) |
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141 | (1) |
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141 | (2) |
Appendix A Comparative Approaches to the Definition and Sentencin of Murder |
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143 | (10) |
Appendix B Comparison of Schedule 21 with the Practice Direction |
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153 | (3) |
Appendix C Survey Instrument |
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156 | (7) |
Bibliography |
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163 | (8) |
Index |
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171 | |