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Examining the Need for Sentencing Guidelines in the Criminal Justice System of Somalia
Abstract
Sentencing is defined as the final pronouncement of a court after both parties present their cases before it. On the other hand, Sentencing Guidelines are a standard procedure followed when passing a sentence to a convict after considering both the mitigating and aggravating factors of a particular offence. This paper examines the need for Sentencing Guidelines in the dispensation of criminal justice in Somalia. The
methodology of this paper will be purely doctrinal legal research.
This study concludes that issuing the Sentencing Guidelines in the country will greatly improve the proper dispensation of criminal justice by providing starting and end points for sentences. It recommends that the Sentencing Guidelines must not be issued as a mere discretionary sentencing policy but must be compulsory for judicial officers to rely on in the sentencing process. This will, in turn, promote consistency and uniformity as well as enhance public trust in the judiciary.
Keywords:
Sentencing, courts of judicature, criminal justice, Somalia, Mogadishu University, ISOS,