Transcription of GUILTY OF MURDER WITH EXTENUATING CIRCUMSTANCES ...
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\\server05\productn\B\BIN\27-1\ : 123-APR-0914:39 GUILTY OF MURDER with EXTENUATINGCIRCUMSTANCES: TRANSPARENCY AND THEMANDATORY DEATH PENALTY IN BOTSWANAANDREW NOVAK*ABSTRACTThe Southern African nation of Botswana retains a mandatorydeath sentence for the crime of MURDER , against the modern trendtoward discretionary death penalty regimes. Since mandatory deathsentences failed to control sentencing discretion, Southern Africannations, including Botswana, introduced the doctrine of extenuatingcircumstances by which defendants may prove they lack moral blame-worthiness because of a factor that influenced their mind when com-mitting the crime.
Extenuating circumstances are those factors reflecting on the moral blameworthiness, as opposed to the legal culpability of the defen- dant. 14 In practice, scrutiny may …
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