The sentencing advisory commission and the hope of smarter sentencing

Bagaric, Mirko and Edney, Richard 2004, The sentencing advisory commission and the hope of smarter sentencing, Current issues in criminal justice, vol. 16, no. 2, pp. 125-139.

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Title The sentencing advisory commission and the hope of smarter sentencing
Author(s) Bagaric, Mirko
Edney, Richard
Journal name Current issues in criminal justice
Volume number 16
Issue number 2
Start page 125
End page 139
Publisher University of Sydney. Faculty of Law. Institute of Criminology.
Place of publication Sydney, NSW
Publication date 2004-11
ISSN 1034-5329
Summary Sentencing law practice - confused and incoherent Sentencing has been described as the 'high point in anti-jurisprudence' (Smith 1997:174). This comment reflects the fact that sentencing law is devoid of an overarching rationale. It is marked by a high degree of discretion and is shaped more by political expedience and intuition than informed inquiry and principle. The fact that sentencing is 'the most controversial and politically sensitive aspect of the criminal law' (Freckleton 1996:ix) has militated heavily against it being developed in a coherent and principled manner.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
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Document type: Journal Article
Collections: Faculty of Business and Law
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