Sentencing discounts for delay

Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The Victorian jury study aimed to ascertain jurors' views of sentencing severity and to compare the views of judges and jurors on the relevance of aggravating and mitigating factors. A surprising finding from the analysis of the sentencing remarks from the trials in the study is that delay was the third most common mitigating factor. This article suggests that because delay's relevance as mitigating factor may be not immediately apparent to the public, the reasons why it attracts a reduced sentence should be clearly explained by sentencers.
Original languageEnglish
Pages (from-to)22-33
Number of pages12
JournalCriminal Law Journal
Volume42
Issue number1
Publication statusPublished - 2018

Cite this

Warner, K., Davis, J., Freiberg, A., & Spiranovic, C. (2018). Sentencing discounts for delay. Criminal Law Journal, 42(1), 22-33.
Warner, Kate ; Davis, Julia ; Freiberg, Arie ; Spiranovic, Caroline. / Sentencing discounts for delay. In: Criminal Law Journal. 2018 ; Vol. 42, No. 1. pp. 22-33.
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Warner, K, Davis, J, Freiberg, A & Spiranovic, C 2018, 'Sentencing discounts for delay', Criminal Law Journal, vol. 42, no. 1, pp. 22-33.

Sentencing discounts for delay. / Warner, Kate; Davis, Julia; Freiberg, Arie; Spiranovic, Caroline.

In: Criminal Law Journal, Vol. 42, No. 1, 2018, p. 22-33.

Research output: Contribution to journalArticleResearchpeer-review

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AU - Freiberg, Arie

AU - Spiranovic, Caroline

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AB - The Victorian jury study aimed to ascertain jurors' views of sentencing severity and to compare the views of judges and jurors on the relevance of aggravating and mitigating factors. A surprising finding from the analysis of the sentencing remarks from the trials in the study is that delay was the third most common mitigating factor. This article suggests that because delay's relevance as mitigating factor may be not immediately apparent to the public, the reasons why it attracts a reduced sentence should be clearly explained by sentencers.

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Warner K, Davis J, Freiberg A, Spiranovic C. Sentencing discounts for delay. Criminal Law Journal. 2018;42(1):22-33.