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The purposes of punishment: how do judges apply a legislative statement of sentencing purposes

Citation

Warner, K and Davis, J and Cockburn, H, The purposes of punishment: how do judges apply a legislative statement of sentencing purposes, Criminal Law Journal, 41, (2) pp. 69-85. ISSN 0314-1160 (2017) [Refereed Article]

Copyright Statement

Copyright 2017 Thomson Reuters

Official URL: https://www.westlaw.com.au/maf/wlau/app/document?d...

Abstract

Despite abundant academic debate about the justification for criminal punishment, the frequent revisiting of how to deal legislatively with the purposes of a sentence by law reform bodies and some legal analysis of appellate guidance on the purposes of sentence, little attention has been given to judges’ reliance on the purposes of sentence in their sentencing remarks. This article attempts to close this gap by analysing the sentencing remarks in trials obtained for a study of jurors’ views of sentencing in Victoria. Against the backdrop of the Victorian legislation, the article examines the extent to which judges advert to the purposes of sentence in their reasons and how they rank and prioritise the purposes including in cases where there was a statutory requirement to prioritise incapacitation. Explanations for judges’ preferences are suggested including that purposes serve as proxies for statements about the seriousness of the crime.

Item Details

Item Type:Refereed Article
Keywords:judges, sentencing purposes
Research Division:Studies in Human Society
Research Group:Criminology
Research Field:Courts and Sentencing
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Legislation, Civil and Criminal Codes
Author:Warner, K (Professor Kate Warner)
Author:Cockburn, H (Dr Helen Cockburn)
ID Code:124323
Year Published:2017
Web of Science® Times Cited:1
Deposited By:Law
Deposited On:2018-02-19
Last Modified:2018-05-18
Downloads:0

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