Mandatory sentencing around the world and the need for reform

Gray, Anthony (2017) Mandatory sentencing around the world and the need for reform. New Criminal Law Review, 20 (3). pp. 391-432. ISSN 1933-4192

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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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Access to Published version in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 24 Jul 2017 00:00
Last Modified: 09 May 2018 01:49
Uncontrolled Keywords: mandatory sentencing; proportionality; separation of powers; cruel and unusual punishment; Eighth Amendment; Magna Carta
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice

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