Sentencing Murder and the Ideal of Equality

Abstract

This article compares the legal principles governing the sentencing of murderers in terms of the laws applicable in South Africa, Botswana and Germany. Considerable differences in the typical sentences are noted, ranging from the death penalty, to terms of imprisonment, with further differences in the length of the sentences that are served. The last part of the article argues that this situation is contrary to the concepts of human dignity and equality, as understood in terms of international human rights principles.