What sort of mandatory penalties should we have?

Bagaric, Mirko 2002, What sort of mandatory penalties should we have?, Adelaide law review, vol. 23, no. 1, pp. 113-140.

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Title What sort of mandatory penalties should we have?
Author(s) Bagaric, Mirko
Journal name Adelaide law review
Volume number 23
Issue number 1
Start page 113
End page 140
Publisher Adelaide Law Review Association, Law School, University of Adelaide
Place of publication Adelaide, SA
Publication date 2002
ISSN 0065-1915
Keyword(s) court rules and procedures
criminal law
sentencing
Summary The argument in favour of a widespread fixed penalty regime - adopting a primary rationale for punishment would facilitate a more coherent and exacting approach to sentencing - the central objections against fixed penalties are that they are too severe and lead to unfairness because they are unable to incorporate all the relevant sentencing variables - by adopting a utilitarian ethic as the primary rationale for punishment, these problems can be circumvented - no utilitarian justification for disproportionate punishment, and penalties should not exceed the seriousness of the offence - no foundation for most sentencing considerations - by disregarding irrelevant considerations, the remaining can be incorporated into a fixed penalty system - the way would then be open for a coherent sentencing law system in which criminal justice is governed by pre-determined rules and principles as opposed to the intuition of sentencers.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001731

Document type: Journal Article
Collection: School of Law
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