Manifest Injustice? The Judiciary as Moderator of Penal Excess in the Sentencing of Youth for Murder

This paper considers the principled approach to the sentencing of young people, requiring the recognition of the lesser capacity and culpability of the offender due to their personal characteristics. The author uses New Zealand as a case study to discuss whether, and how, judges would exercise this discretion for young people convicted of murder. This paper focuses on a jurisdiction which combines a highly punitive adult justice system and a tolerant, progressive youth justice system