What sort of mandatory penalties should we have?


Autoria(s): Bagaric, Mirko
Data(s)

01/01/2002

Resumo

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. <br />

Identificador

http://hdl.handle.net/10536/DRO/DU:30001731

Idioma(s)

eng

Publicador

Adelaide Law Review Association, Law School, University of Adelaide

Relação

http://dro.deakin.edu.au/eserv/DU:30001731/n20021015.pdf

http://search.informit.com.au/fullText;dn=200301694;res=APAFT

Palavras-Chave #court rules and procedures #criminal law #sentencing
Tipo

Journal Article