Research On Circumstance For Sentencing Of Intentional Homicide

Due to the legislation of the crime of intentional homicide charges too brief, relatively broad penalty ranges set, leading to voluntary manslaughter sentencing imbalances highlighted the problems in criminal justice, is not conducive to sentencing fair implementation. This article from the principles of criminal law and criminal justice practices set out at two levels, explore sentencing considerations in cases of intentional homicide.On the logical structure, proposed the need for Standardization of voluntary manslaughter and sentencing, that own property legislation as well as intentional homicide cases intentional homicide cases were decided on the sentence complexity, first by combining the basic principle of criminal law, sentencing for murder plots were classified. A legislative classification, there are statutory sentencing discretion of plot and circumstance for sentencing, statutory sentencing circumstance mainly surrender, meritorious service, repeat offenders, minors, adults over age75years, excessive defence, excessive risk aversion, preparing to commit, attempting to commit, and so on. Discretionary sentencing circumstance means contains the motive of the crime, crime in General, results of the time and place of the crime, crime, criminal, criminals after the crime has always been performance, attitude, and criminal record of the accused. Another is a theoretical classification, there are strict circumstances and liberal plot, commits plot after plot, plot and committed, single function plots and multifunctional plot.Followed discussion has sentencing plot of Justice applies, including single sentencing plot of applies, and multiple sentencing plot coexist Shi of Justice applies, pointed out that in plot especially exists reverse plot of cases in the, judge should avoid simple of machinery operation, not should will sentencing process seen as a number simple of mathematics calculation of process, more not should used so-called of "computer sentencing", practices to achieved sentencing standardization. Features combined with intentional homicide cases, separate focuses on sentences that should be in all the circumstances, taking into account the criminal policy of combining punishment with leniency in particular in the spirit of the current spirit of death penalty policy, avoid excessive bias in cases of intentional homicide in the pursuit of the death penalty, instead sentencing should be used if the circumstances, achieving the principles of the restraining criminal law.Last, this discussion has statutory sentencing plot of other considerations factors, a is passion crime and passion crime as sentencing plot of due sexual; Ⅱ is public opinion and sentencing of contradictions and the contradictions of solution; three is accused of character, problem, made in existing legislation no clear will these factors as sentencing plot of background Xia, not will these factors as sentencing plot applies, but these factors can and other sentencing plot combined applies, thus helps achieved sentencing just and penalty individual of achieved.