Mandatory sentencing? Use [with] discretion

Kate Warner, Caroline Spiranovic, Arie Freiberg, Julia Davis

Research output: Contribution to journalArticleResearchpeer-review


When asked about sentencing discretion and mandatory sentences, jurors participating in the Victorian Jury Sentencing Study expressed strong support for sentencing discretion and weak support for mandatory sentences despite a belief by jurors that, in general, sentences are too lenient. This strengthens the argument that polls that pose a general question about mandatory sentences or sentencing severity divorced from the context of a specific case are an inadequate and misleading measure of public opinion.

Original languageEnglish
Pages (from-to)289-294
Number of pages6
JournalAlternative Law Journal
Issue number4
Publication statusPublished - Dec 2018


  • Mandatory sentences
  • Public opinion
  • Sentencing discretion

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