Prosecution and Sentencing as an Expression of Moral Judgment in the Face of Homicide

Abstract

This paper addresses moral meaning of homicide within the criminal justice system, specifically through the procedural acts that reflect the practice of prosecutors and judges in defining homicide, ways for its consummation, circumstances and quantum of punishment. Based on the review of ten judicial files for convicted killers, indictments and convictions were analyzed in order to select arguments for moral inculpation and grading punishment, which overwhelmingly match between prosecutors and judges and allow to predict, from the beginning of the procedure and despite plea bargaining, the final outcome of the convicting sentence.

Keywords

• homicidio, moralidad, narrativas, proceso penal, control social formal