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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Extenuating circumstances: a life and death issue
Author:Feltoe, G.ISNI
Year:1986
Periodical:The Zimbabwe Law Review
Volume:4
Issue:1-2
Pages:60-87
Language:English
Geographic term:Zimbabwe
Subjects:criminal law
capital punishment
Abstract:In Zimbabwe the death penalty is a mandatory sentence for murder where there are no extenuating circumstances. The decision as to whether there are sufficient extenuating circumstances to justify the nonimposition of the death penalty is often a very difficult one, and in many cases there is ample scope for disagreement on the matter of extenuation. This article explores particularly the decisionmaking process in such finely balanced cases, providing at the same time a commentary on the leading Zimbabwean cases on extenuation. Sections: Introduction - What are extenuating circumstances - Need for careful consideration of extenuation and the giving of full reasons for decision on extenuation - Two methods of dealing with the death penalty issue - Present safeguards after the death penalty has been imposed by trial court - Individual factors which may be extenuating - Evidence relating to the manner of the killing - Facts which courts may take into account when considering extenuation - Distinguishing murders which should attract the death penalty from those which should not - Conclusion. App., notes, ref.
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