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The capacity of criminal sanctions to shape the behaviour of offenders : specific deterrence doesn’t work, rehabilitation might and the implications for sentencing

journal contribution
posted on 2012-01-01, 00:00 authored by Mirko Bagaric, Theo AlexanderTheo Alexander
There is a considerable gap between the law and knowledge regarding the efficacy of state-imposed sanctions to achieve several key sentencing objectives. Two sentencing objectives which often carry considerable weight in the sentencing calculus are rehabilitation and specific deterrence, despite the fact that neither has been proven to be attainable. This article examines the empirical data on whether specific deterrence and rehabilitation are attainable, and consequently whether they should be retained or abolished as sentencing objectives.

History

Journal

Criminal law journal

Volume

36

Issue

3

Pagination

159 - 172

Publisher

Thomson Reuters

Location

Rozelle, N.S.W.

ISSN

0314-1160

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2012, Thomson Reuters (Professional) Australia

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