Sentencing for Murder: Drawing Lessons from Research

Abstract

The literature on sentencing for murder falls into four categories. First, ‘black letter’ law sets out how the courts should punish convicted murderers and what should happen to them after conviction. Second, empirical research sheds light on the way that the sentencing provisions for murder determine the number of years served in custody prior to release on life licence. Third, a number of studies have documented what the public know or believe about sentencing for murder as well as how the public think murder ought to be punished (e.g., Mitchell and Roberts, 2012). Public opinion research is relevant to the sentencing for murder since public views are often employed to justify retention of a mandatory sentence (see Mitchell and Roberts, 2012). Fourth, there is a wealth of academic commentary advocating sentencing reform (e.g., House of Lords Select Committee, 1989; Committee on the Penalty for Homicide, 1993; Morris and Blom-Cooper, 2011; Mitchell and Roberts, 2013).