The Violent Crime and Law Enforcement Act of 1994
The Violent Crime and Law Enforcement Act of 1994
The Violent Crime and Law Enforcement Act of 1994
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In New Zeal<strong>and</strong>, life imprisonment is m<strong>and</strong>atory for murder. Murders with certain<br />
aggravating factors have a m<strong>and</strong>atory 17-year non-parole period, instead <strong>of</strong> the default<br />
10 years for life imprisonment. Since 2002, judges have the ability to overrule<br />
m<strong>and</strong>atory sentences where they would be deemed "manifestly unjust", such as in<br />
cases involving mercy killings <strong>and</strong> failed suicide pacts.<br />
In Germany, murder for pleasure, sexual gratification, greed or other base motives, by<br />
stealth or cruelly or by means that pose a danger to the public or in order to facilitate or<br />
cover up another <strong>of</strong>fense is m<strong>and</strong>atorily punished by life imprisonment.<br />
In the United Kingdom, upon conviction for murder, the court must sentence the<br />
defendant to life imprisonment. <strong>The</strong> law requires that courts must set a minimum term<br />
before they become eligible for parole. For this purpose a number <strong>of</strong> "starting points"<br />
are in place that give guidance to a judge in order to impose a sentence in each<br />
different case <strong>of</strong> murder. <strong>The</strong>re are currently five "starting points" for murder in Engl<strong>and</strong><br />
<strong>and</strong> Wales, namely: 12 years' imprisonment for cases <strong>of</strong> murder committed by a person<br />
under 18; 15 years' imprisonment for all "other" cases <strong>of</strong> murder committed by a person<br />
over 18; 25 years' imprisonment for cases <strong>of</strong> murder where a person over 18 uses a<br />
knife or other weapon at the scene; 30 years' imprisonment for cases <strong>of</strong> murder with<br />
"particularly" high aggravating factors, such as those that involve the use <strong>of</strong> a firearm or<br />
explosive, or a murder in the course <strong>of</strong> committing another <strong>of</strong>fence such as robbery or<br />
burglary; <strong>and</strong> a whole life order, in cases that involve such "exceptionally" high<br />
aggravating factors, such as the murder <strong>of</strong> two or more persons, or the murder <strong>of</strong> a child<br />
following abduction or with sexual/sadistic motivation, meaning the person will never<br />
become eligible for parole.<br />
<strong>The</strong> United Kingdom currently also has three more m<strong>and</strong>atory minimum sentences for<br />
certain <strong>of</strong>fences, namely: a minimum <strong>of</strong> 7 years' imprisonment for a person over 18<br />
convicted <strong>of</strong> trafficking, supplying or producing Class A drugs for the third or subsequent<br />
time; a minimum <strong>of</strong> 5 years' imprisonment (for a person over 18) or 3 years'<br />
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