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What sort of mandatory penalties should we have?

journal contribution
posted on 2002-01-01, 00:00 authored by Mirko Bagaric
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.

History

Journal

Adelaide law review

Volume

23

Issue

1

Pagination

113 - 140

Publisher

Adelaide Law Review Association, Law School, University of Adelaide

Location

Adelaide, SA

ISSN

0065-1915

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

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