As I can see there is possibly another issue besides "the goal of sentencing"
Automatic provision that change in law repeals the previous sentences leads to possibility of 'political appeals' - i.e attempts to repeal the sentence not through the judicial system but through public opinion compaigns (understood the chance of success is slim and exists only in marginal cases).
So there is an issue of separtion of judicial and lawmaking powers. As I understood, in this particular case the 'non back action' clause was partially motivated as not to be seen that lawmakers meddle in judicial process.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
timeasmymeasure
no subject
Date: 2007-02-23 04:15 pm (UTC)Automatic provision that change in law repeals the previous sentences leads to possibility of
'political appeals' - i.e attempts to repeal the sentence not through the judicial system but through public opinion compaigns (understood the chance of success is slim and exists only in marginal cases).
So there is an issue of separtion of judicial and lawmaking powers. As I understood, in this particular case the 'non back action' clause was partially motivated as not to be seen that lawmakers meddle in judicial process.