Mandatory sentencing? Use [with] discretion

Kate Warner, Caroline Spiranovic, Arie Freiberg, Julia Davis

Research output: Contribution to journalArticleResearchpeer-review

Abstract

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
Volume43
Issue number4
DOIs
Publication statusPublished - Dec 2018

Keywords

  • Mandatory sentences
  • Public opinion
  • Sentencing discretion

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