NCJ Number
99611
Date Published
1984
Length
32 pages
Annotation
This report presents proposals for reforming the mandatory life sentence imposed as the penalty for murder by Victoria (Australia) law in 1975 when capital punishment was abolished.
Abstract
Arguments for and against retention of the mandatory life sentence are reviewed. This section notes that the law has been subjected to sustained criticism, and other jurisdictions have enacted changes to permit judges some discretion. A principal argument for reform is that murders vary in seriousness and thus should be treated differently. Three options for reform are discussed: a determinate maximum term, a maximum sentence of life imprisonment, and retaining the mandatory sentence but empowering the judge to set a minimum term. The report also considers options available for offenders now serving mandatory sentences. It recommends that the current law be amended to provide a maximum penalty of life imprisonment for persons convicted of murder. The usual power to set a minimum nonparole period should also apply to all sentences imposed for murder. Additional recommendations and approximately 40 references are provided.