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The Nuremberg Military Tribunals and the Origins of International Criminal Law$
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Kevin Jon Heller

Print publication date: 2011

Print ISBN-13: 9780199554317

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199554317.001.0001

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Sentencing

Sentencing

Chapter:
(p.313) 14 Sentencing
Source:
The Nuremberg Military Tribunals and the Origins of International Criminal Law
Author(s):

Kevin Jon Heller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554317.003.0015

This chapter explores the sentencing practices of the twelve Nuremberg Military Tribunals. Section 1 discusses the failure of the tribunals to develop general sentencing principles. Section 2 compares sentences within cases, assessing the consistency of the sentences that the defendants received. Sections 3 and 4 discuss aggravating and mitigating sentencing factors. Finally, Section 5 draws on the previous sections to compare sentences between cases, questioning the accepted wisdom that the sentences became increasingly lenient over time.

Keywords:   sentencing, aggravating factors, mitigating factors, criminal membership, lenience

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