Meles, Mekonnen G. Hiwot (2010) Sentencing Disparity in the Ethiopian Federal Courts and the Adoption of the Ethiopian Federal Sentencing Manual 2010. Masters thesis, Addis Ababa University.
![[img]](http://thesisbank.jhia.ac.ke/style/images/fileicons/application_pdf.png) |
PDF (Sentencing Disparity in the Ethiopian Federal Courts and the Adoption of the Ethiopian Federal Sentencing Manual 2010)
Mekonnen G. Hiwot.pdf - Accepted Version Restricted to Repository staff only Download (51MB) | Request a copy |
Abstract
The objective of the study is to identity the causes of sentencing disparity and by highlighting poss ible remedies advocate that sentencing as a system should be structured in a manner that judges can impose appropriate sentences. The study also focused on evaluating the effectiveness of the 20 I 0 sentencing Manual in reducing disparity in sentencing. The research method is both quantitative and qualitative. Different kinds of research instruments, such court cases, questionnaires, interviews, and statistical model tests are employed. Judges as research participants were also given real cases to impose penalties. The study has revealed the presence of disparity in sentencing m both pre and post Manual implementation. The non observance and strict application of sentencing rules and procedures by judges, differences in their attitude towards the role and purpose of punishment in sentencing, personal bias on the part of the judges, the wider gap between the minimum and maximum penalty ranges and uncontrolled judicial discretion, and the misunderstanding on the part the judges on the principles of sentencing rules, were some of the problems that are revealed as causes of sentencing disparity. The new sentencing Manual was adopted to reduce sentencing disparity. Due to some drawbacks of the Manual, however, the sentencing system is still facing shOitcoming. The scope of the Manual is too narrow and very small in s ize. It has no clarity. It also contrad icts with the rules of the Criminal Code. The Manual emphasis on quantifiable factors rather than on condition~ that relate with the Criminal conducts of offenders. The sentencing rationale of the Manual is more of retributive in nature. The Supreme COll1t has left the Manual in the mid way for judges to invent offence levels. And they are also supposed to assess penalty accordingly along the penalty grid of the Manual for almost the majority of the offences regulated by the Criminal Code. The invention of offence leve ls by judge's subjective discretion is becoming a threat in creating sentencing disparities. The Manuals' disregard of the mental element of offenders in sentencing, the focus on the amount gained by the offender and the harm inflicted on the victim, the Manuals emphasis on the quantifiable factors; the incorporation of new aggravating and extenuating circumstances and other contradictory rules brought the Manual to be in contravention with the criminal code. As of the recommendation, Judges should strictly observe sentencing rules. They should first determi ne the degree of individual guilt before considering any aggravating and mitigating circumstances. Crimi nal acts should not be evaluated . interims of quantifiable factors. An empha,s is should also be given to the mental element of the offender. The government shou ld not only adjust sentencing rules in the way they can serve the required justice but also adopt a simplified category of offence levels with their corresponding aggravating and extenuating circumstances that are attributable to different offence levels. The Federal Supreme Court is also required to amend the Manual urgently so as to ach ieve the desired goals of both the Cril11inallaw and the sentencing Manual. For more understanding of the project, the writer cordia lly invites the reader to go through the full text.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 21 Jun 2019 10:47 |
| Last Modified: | 21 Jun 2019 10:52 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9321 |
Actions (login required)
 |
View Item |