Mandatory sentencing around the world and the need for reform
Article
Article Title | Mandatory sentencing around the world and the need for reform |
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ERA Journal ID | 33647 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | New Criminal Law Review: an international and interdisciplinary journal |
Journal Citation | 20 (3), pp. 391-432 |
Number of Pages | 42 |
Year | 2017 |
Publisher | University of California Press |
Place of Publication | Berkeley, California |
ISSN | 1093-3514 |
1933-4192 | |
1933-4206 | |
Digital Object Identifier (DOI) | https://doi.org/10.1525/nclr.2017.20.3.391 |
Web Address (URL) | https://online.ucpress.edu/nclr/article/20/3/391/68830/Mandatory-Sentencing-Around-the-World-and-the-Need |
Abstract | This article considers the increased use of mandatory sentencing regimes around the world. It argues that such sentencing practices are antithetical to the traditional purposes of sentencing by severing compromising the ability of courts to tailor sentences to the specific circumstances of the offence committed in a particular case. Courts should more carefully scrutinize such provisions in terms of cruel and unusual punishment, lack of proportionality in sentencing, and separation of powers principles. |
Keywords | mandatory sentencing; proportionality; separation of powers; cruel and unusual punishment; Eighth Amendment; Magna Carta |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q4551/mandatory-sentencing-around-the-world-and-the-need-for-reform
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