2014
DOI: 10.1163/17087384-12342029
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Emerging Trends and the General Framework for the Exercise of Sentencing Discretion in Botswana

Abstract: Like other common law jurisdictions, Botswana has, in recent years, seen an increase in the number of interventions by the legislature to structure sentencing powers of judges through primary legislation. This trend has given rise to concerns about the erosion of the sentencing discretion of judges in some quarters. Against this background the present paper outlines and discusses the nature of discretion exercisable by judges in sentencing matters in Botswana and the general framework for the exercise of such … Show more

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