THREADBrowse · 6 entries, read in order

Death and sentencing

One test for the gravest sentence, forty years of uneven use, and proposals to make sentencing consistent.

01
Encyclopedia · Test
Rarest of Rare
When death may be imposed: aggravating and mitigating circumstances, the possibility of reform, and the inconsistency in application.
Wanted
02
Review · Lineage
The Death Penalty, from Jagmohan to Manoj
Constitutionality, the rarest of rare formula, and the Court’s repeated attempts to discipline sentencing.
Wanted
03
Review · Dissent
Bhagwati J. in Bachan Singh
The opinion, delivered two years after the majority, that the death penalty is unconstitutional because it is arbitrarily imposed.
Wanted
04
Proposals · Lacuna
No Sentencing Guidelines
Indian criminal statutes give wide ranges and no structured guidance; the Supreme Court has noted the gap more than once.
Wanted
05
Proposals · Transplant
A Sentencing Council
England and Wales issue binding guidelines through a statutory council. Whether the model fits a federal system with wide sentencing ranges.
Wanted
06
Proposals · Transplant
Victim Impact Statements
A statement from the victim about the harm suffered, placed before the court at sentencing.
Wanted