Australia: Exercising Discretion in Sentencing Policy and Practice

11 Pages Posted: 14 Mar 2012

See all articles by Arie Freiberg

Arie Freiberg

Monash University - Faculty of Law

Date Written: 2010

Abstract

The common law world of sentencing faces a number of perennial issues: “discretion, disparity, desert, severity and veracity” to name just a few. Like many examination questions in law schools, the questions may stay the same but the answers are likely to vary from year to year and from place to place. This article reviews Australian approaches to these underlying sentencing problems over the past three decades.

Keywords: sentencing, jurisdictions, discretion, United States, Australia, proportionality, plea bargaining

JEL Classification: K00, K10, K14, K19, K20, K29, K30, K39, K40, K42, K41, K49

Suggested Citation

Freiberg, Arie, Australia: Exercising Discretion in Sentencing Policy and Practice (2010). Federal Sentencing Reporter, Vol. 22, No. 4, 2010, Monash University Faculty of Law Legal Studies Research Paper No. 2010/65, Available at SSRN: https://ssrn.com/abstract=2021570

Arie Freiberg (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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