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.
Attached Files
(Some files may be inaccessible until you login with your Deakin Research Online credentials)
Name
Description
MIMEType
Size
Downloads
Title
The sentencing advisory commission and the hope of smarter sentencing
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.