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Sentencing discounts for delay

Citation

Warner, K and Davis, J and Freiberg, A and Spiranovic, C, Sentencing discounts for delay, Criminal Law Journal, 42, (1) pp. 22-33. ISSN 0314-1160 (2018) [Refereed Article]

Copyright Statement

Copyright 2018 Thomson Reuters (Professional) Australia Limited

Official URL: http://sites.thomsonreuters.com.au/journals/2018/0...

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 because 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.

Item Details

Item Type:Refereed Article
Keywords:sentencing severity, law, delay, Victoria, jury, juror views
Research Division: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:Legal processes
UTAS Author:Warner, K (Professor Kate Warner)
UTAS Author:Spiranovic, C (Dr Caroline Spiranovic)
ID Code:124420
Year Published:2018
Web of Science® Times Cited:7
Deposited By:Law
Deposited On:2018-02-21
Last Modified:2018-12-07
Downloads:0

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