Mirko Bagaric

Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School

Professor Law

Hawthorn

Hawthorn

Burwood , Victoria 3000

Australia

  • Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School

SCHOLARLY PAPERS

59

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TOTAL CITATIONS
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Top 37,739

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13

Scholarly Papers (59)

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1.

The Punishment Should Fit the Crime - Not the Prior Convictions of the Person that Committed the Crime: An Argument for Less Impact Being Accorded to Previous Convictions in Sentencing

San Diego Law Review, Vol. 51, No. 2, 2014
Number of pages: 56 Posted: 18 Sep 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 1,107 (42,089)

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2.

The Solution to the Pervasive Bias and Discrimination in the Criminal Justice: Transparent Artificial Intelligence

American Criminal Law Review, Vol. 59, No. 1, Forthcoming
Number of pages: 57 Posted: 29 Mar 2021
Mirko Bagaric, Jennifer Svilar, Melissa Bull, Dan Hunter and Nigel Stobbs
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, affiliation not provided to SSRN, Queensland University of Technology, Queensland University of Technology and Queensland University of Technology - Faculty of Law
Downloads 956 (51,775)

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Sentencing, artificial intelligence, eliminating discrimination

3.

Sentencing by Computer: Enhancing Sentencing Transparency and Predictability, and (Possibly) Bridging the Gap between Sentencing Knowledge and Practice

25(4) George Mason Law Review, Forthcoming
Number of pages: 50 Posted: 01 Aug 2017
Mirko Bagaric and Gabrielle Wolf
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 861 (59,600)
Citation 1

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Sentencing, Computerized Decisions, Increased Transparency, Fairness and Efficiency

4.

Rich Offender, Poor Offender: Why It (Sometimes) Matters in Sentencing

Law and Inequality: A Journal of Theory and Practice, Vol. 33, No. 1, 2014
Number of pages: 52 Posted: 18 Sep 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 702 (78,105)

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5.

Trauma and Sentencing: The Case for Mitigating Penalty for Childhood Physical and Sexual Abuse

Stanford Law & Policy Review, Vol. 30, No. 1, Forthcoming , Deakin Law School Research Paper No. 19-16
Number of pages: 62 Posted: 24 Aug 2018 Last Revised: 18 Sep 2019
Mirko Bagaric, Gabrielle Wolf and Peter Isham
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Independent
Downloads 695 (79,082)

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sentencing, mitigating considerations, childhood sexual and violent abuse

6.

Mitigating the Crime That Is the Over-Imprisonment of Women: Why Orange Should Not Be the New Black

Vermont Law Review (41), Forthcoming, Deakin Law School Research Paper No. 16-16
Number of pages: 47 Posted: 02 May 2016 Last Revised: 02 Jun 2016
Mirko Bagaric and Brienna Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 555 (105,252)

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7.

Prison Abolition: From Naïve Idealism to Technological Pragmatism

Journal of Criminal Law and Criminology, Vol. 111, No. 2, 2021
Number of pages: 42 Posted: 06 Aug 2020
Mirko Bagaric, Dan Hunter and Jennifer Svilar
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Queensland University of Technology and Independent
Downloads 535 (110,206)

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Sentencing, abolitioning prisons, COVID, BLM

8.

Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)

Downloads 531 (111,265)

Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)

Number of pages: 8 Posted: 18 Aug 2020
Michael Keane, Danuta Mendelson, Mirko Bagaric and Cameron Graydon
Swinburne University of Technology, Deakin University, Geelong, Australia - Deakin Law School, Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Queensland Children's Hospital
Downloads 386 (160,567)

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CoVID-19; Personal Protective Equipment (PPE); healthcare workers; Hospitals' duty of care; employees; standard of care

Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)

Danuta Mendelson, Michael Keane, Mirko Bagaric, at al, "Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)" (2020) 28 Journal of Law and Medicine
Number of pages: 8 Posted: 13 Aug 2020
Danuta Mendelson, Michael Keane, Mirko Bagaric and Cameron Graydon
Deakin University, Geelong, Australia - Deakin Law School, Swinburne University of Technology, Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Queensland Children's Hospital
Downloads 145 (421,554)

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COVID-19, pandemic, Personal Protection Equipment (PPE); front-line health personnel, duty of care, standard of care, employer liability

9.

Goodbye Justice, Hello Happiness: Welcoming Positive Psychology to the Law

Deakin Law Review, Vol. 10, No. 1, pp. 1-26, April 2005
Number of pages: 26 Posted: 28 Apr 2005
Mirko Bagaric and James A. McConvill
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and South Yarra Toorak Lawyers - Corporate Research Group
Downloads 486 (123,880)

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Positive psychology, regulation, regulation theory, corporate governance, jurisprudence

10.

Mitigating America’s Mass Incarceration Crisis Without Compromising Community Protection: Expanding the Role of Rehabilitation in Sentencing

Lewis & Clark Law Review, Vol. 1, No. 22, 2018
Number of pages: 52 Posted: 18 Sep 2017
Mirko Bagaric, Gabrielle Wolf and William Rininger
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and University of Akron, School of Law, Students
Downloads 438 (140,321)

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Sentencing, rehabilitation, reducing mass incarceration

11.

The Illusion of Principled Justice: The Fiction That Sentencing Principle Is Applied Consistently

Australian Bar Review (2019) vol 47 Forthcoming, Deakin Law School Research Paper No. 19-15
Number of pages: 30 Posted: 25 Mar 2019 Last Revised: 18 Sep 2019
Mirko Bagaric, Gabrielle Wolf and Brienna Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 428 (144,100)

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Sentencing, discretion, illusory justice

12.

Technological Incarceration and the End of the Prison Crisis

Journal of Criminal Law and Criminology, Vol. 108, No. 1, Forthcoming
Number of pages: 53 Posted: 10 Mar 2017
Mirko Bagaric, Dan Hunter and Gabrielle Wolf
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, King's College London - The Dickson Poon School of Law and Deakin University, Geelong, Australia - Deakin Law School
Downloads 426 (144,842)
Citation 1

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Incarceration Crisis, Solution, Technological Incarceration

13.

Consistency And Fairness In Sentencing - The Splendor Of Fixed Penalties

California Criminal Law Review, Vol. 2, July 2000
Number of pages: 26 Posted: 03 Aug 2000 Last Revised: 24 Apr 2018
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 368 (170,999)

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14.

A Rational Theory of Mitigation and Aggravation in Sentencing: Why Less is More When It Comes to Punishing Criminals

Buffalo Law Review Vol. 62
Number of pages: 79 Posted: 18 Sep 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 361 (174,537)

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15.

Plea Bargaining: From Patent Unfairness to Transparent Justice

Missouri Law Review, Forthcoming
Number of pages: 35 Posted: 06 Mar 2018
Mirko Bagaric, Julie N. Clarke and William Rininger
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Melbourne Law School and University of Akron, School of Law, Students
Downloads 309 (206,550)

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Sentencing, plea bargain, making the negotiation fairer, fixed guilty plea discount to be imposed by courts

16.

Introducing Disruptive Technology to Criminal Sanctions: Punishment by Computer Monitoring to Enhance Sentencing Fairness and Efficiency

Number of pages: 45 Posted: 08 Apr 2019
Mirko Bagaric, Dan Hunter and Colin Loberg
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Swinburne University of Technology - Swinburne Law School and Northwestern University, School of Law, Students
Downloads 279 (229,796)
Citation 1

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sentencing, alternatives to probation and parole, computer monitoring

17.

Sentencing: From Vagueness to Arbitrariness: The Need to Abolish the Stain that is the Instinctive Synthesis

UNSW Law Journal Vol. 38, No. 1, 2015 , Deakin Law School Research Paper No. 15-04
Number of pages: 39 Posted: 18 Sep 2015 Last Revised: 28 Oct 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 254 (252,802)
Citation 1

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18.

Less Prison Time Matters: A Roadmap to Reducing the Discriminatory Impact of the Sentencing System Against African Americans and Indigenous Australians

Georgia State University Law Review, Vol. 37, No. 1, 2021
Number of pages: 34 Posted: 17 Jan 2021
Mirko Bagaric, Peter Isham, Jennifer Svilar and Theo Alexander
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Independent, Independent and Deakin University, Geelong, Australia - Deakin Law School
Downloads 224 (287,064)

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Sentencing, Black Lives Matters, Response and Reforms

19.

Saving the United States from Lurching to Another Sentencing Crisis: Taking Proportionality Seriously and Implementing Fair Fixed Penalties

St. Louis University Law Journal, Forthcoming, Deakin Law School Research Paper No. 15-03
Number of pages: 74 Posted: 27 Oct 2015 Last Revised: 21 Mar 2016
Mirko Bagaric and Sandeep Gopalan
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and University of Maryland Eastern Shore - School of Business and Technology
Downloads 219 (292,053)

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20.

Three Things that a Baseline Study Shows Do Not Cause Indigenous Over-Imprisonment; Three Things that Might (But Shouldn’t) and Three Reforms that Will Reduce Indigenous Over-Imprisonment

Mirko Bagaric, Three Things That a Baseline Study Shows Do Not Cause Indigenous Over-Imprisonment; Three Things That Might (But Shouldn’t) and Three Reforms that Will Reduce Indigenous Over-Imprisonment (2016) 32 HARVARD JOURNAL ON RACIAL AND ETHNIC JUSTICE.
Number of pages: 43 Posted: 03 Aug 2017
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 214 (298,502)
Citation 1

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Sentencing, over-representation Indigenous and African Americas in prisons, solutions

21.

An Argument for Uniform Australian Sentencing Law

Australian Bar Review, 2013
Number of pages: 27 Posted: 18 Sep 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 210 (303,878)

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22.

A Rational Approach to Sentencing Offenders for Animal Cruelty: A Normative and Scientific Analysis Underpinning Proportionate Penalties for Animal Cruelty Offenders

South Carolina Law Review, Vol. 71, No. 4, 2019
Number of pages: 42 Posted: 22 May 2020
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 202 (315,185)

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Sentencing, animal cruelty offenses, reform proposals

23.

Mitigating America's Mass Incarceration Crisis Without Compromising Community Protection: Expanding the Role of Rehabilitation in Sentencing

Lewis & Clark Law Review, Vol. 22, 2018, Deakin Law School Research Paper No. 10-06 (2019)
Number of pages: 61 Posted: 29 Sep 2019
Mirko Bagaric, Gabrielle Wolf and William Rininger
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and University of Akron, School of Law, Students
Downloads 186 (340,072)

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Incarceration, Rehabilitation, Sentencing, Community Protection, Crisis

24.

First-Time Offender, Productive Offender, Offender with Dependants: Why the Profile of Offenders (Sometimes) Matters in Sentencing

Albany Law Review, Vol. 78, No. 2, 2015, Deakin Law School Research Paper No. 15-05
Number of pages: 51 Posted: 18 Sep 2015 Last Revised: 28 Oct 2015
Mirko Bagaric and Theo Alexander
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 159 (390,226)

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25.

A Principled Strategy for Addressing the Incarceration Crisis: Redefining Excessive Imprisonment as a Human Rights Abuse

Cardozo Law Review, Forthcoming, Deakin Law School Research Paper No. 16-32
Number of pages: 49 Posted: 02 May 2016 Last Revised: 09 Sep 2016
Mirko Bagaric, Sandeep Gopalan and Marissa Florio
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, University of Maryland Eastern Shore - School of Business and Technology and Harvard University, Law School, Students
Downloads 146 (418,717)

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26.

The Cruelty of Supermax Detention and the Case for a Hard-Time Sentencing Discount: A Pragmatic Solution to a Moral Shortcoming Which Is Otherwise Unlikely to Be Fixed

Santa Clara Law Review, Vol. 60, No. 1, 2020
Number of pages: 39 Posted: 12 Jan 2020
Mirko Bagaric and Jen Svilar
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and University of Tennessee, Knoxville, College of Law, Students
Downloads 142 (430,456)

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Sentencing, supermax prison conditions, discount for hard-time

27.

A Sober Assessment of the Link between Substance Abuse and Crime – Eliminating Drug and Alcohol Use from the Sentencing Calculus

Santa Clara Law Review, Vol. 56, No. 2, 2016, Deakin Law School Research Paper No. 16-19
Number of pages: 61 Posted: 06 May 2016 Last Revised: 30 May 2016
Mirko Bagaric and Sandeep Gopalan
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and University of Maryland Eastern Shore - School of Business and Technology
Downloads 128 (464,803)

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28.

Redefining the Circumstances in Which Family Hardship Should Mitigate Sentence Severity

University of New South Wales Law Journal (2019) vol 42 (Forthcoming)
Number of pages: 30 Posted: 25 Mar 2019 Last Revised: 01 Apr 2019
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 124 (476,502)
Citation 1

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Family Hardship, Mitigating Penalty Severity, Jurisprudence and Recommendations

29.

A Rational Approach to the Role of Publicity and Condemnation in the Sentencing of Offenders

Florida State University Law Review, Vol. 46, 2019
Number of pages: 38 Posted: 02 May 2018
Mirko Bagaric and Peter Isham
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Independent
Downloads 124 (476,502)

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Sentencing, role of publicity as a mitigating or aggravating factor

30.

Disloyalty and Divorce: Why (and When) the Traitor Should Pay

Australian Journal of Family Law, 2004
Number of pages: 16 Posted: 24 Oct 2015
Eithne Mary Mills and Mirko Bagaric
Deakin University, Geelong, Australia - Deakin Law School and Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 122 (482,553)

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31.

Decarcerating America: The Opportunistic Overlap Between Theory and (Mainly State) Sentencing Practise As a Pathway to Meaningful Reform

Buffalo Law Review, Vol 67, 2019
Number of pages: 46 Posted: 08 Apr 2019
Mirko Bagaric and Daniel McCord
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Northwestern University, School of Law, Students
Downloads 112 (514,751)
Citation 1

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sentencing, mass incarceration, solutions

32.

Should We Flip on Flippers: A Rational Approach to Providing Penalty Reductions to Criminal Informers

Tennessee Law Review, Vol. 87, No. 1, 2019
Number of pages: 41 Posted: 01 Aug 2019
Mirko Bagaric, lidia xynas and Daniel McCord
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Victoria University and Northwestern University, School of Law, Students
Downloads 111 (521,680)

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sentencing, informers, flippers, reform of approach to discount

33.

Bringing Sentencing into the 21st Century: Closing the Gap between Practice and Knowledge by Introducing Expertise into Sentencing Law

45 HOFSTRA LAW REVIEW 785-850 (2017)
Number of pages: 50 Posted: 31 Jul 2017
Mirko Bagaric, Nick Fischer and Gabrielle Wolf
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Monash University and Deakin University, Geelong, Australia - Deakin Law School
Downloads 106 (535,999)
Citation 1

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Sentencing, Mass Incarceration, Causes, Solutions

34.

Addressing the Curious Blackspot that is the Separation between the Principle of Legality and Sentencing

Monash University Law Review, Vol. 41, No. 3, Deakin Law School Research Paper No. 16-22
Number of pages: 38 Posted: 02 May 2016 Last Revised: 02 Aug 2016
Mirko Bagaric and Theo Alexander
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 97 (570,198)

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35.

The Increased Exposure to Coronavirus (COVID-19) for Prisoners Justifies Early Release: and the Wider Implications of This for Sentencing – Reducing Most Prison Terms Due to the Harsh Incidental Consequences of Prison

Pepperdine Law Review, Vol. 48, No. 1, 2020
Number of pages: 34 Posted: 26 Dec 2020
Mirko Bagaric, Peter Isham and Jennifer Svilar
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Independent and Independent
Downloads 95 (577,826)

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Sentencing, COVID, response

36.

Submission to the Senate Economics References Committee: Penalties for White-Collar Crime

Number of pages: 30 Posted: 23 Jan 2018 Last Revised: 18 Sep 2019
Mirko Bagaric, Theo Alexander, Jenny Awad and Jenny Awad
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Deakin UniversityIndependent
Downloads 89 (601,641)
Citation 3

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sentencing, white-collar crime, individual

37.

Best Interests of Neonates: Time for a Fundamental Re-Think

Journal of Law and Medicine, vol. 20, no. 4, pp. 852-865, 2013
Number of pages: 14 Posted: 31 Jul 2015 Last Revised: 16 Oct 2017
Neera Bhatia and Mirko Bagaric
Deakin University, Geelong, Australia - Deakin Law School and Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 85 (618,811)

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best interests, end of life, extremely premature neonates

38.

Assisted Suicide Through the Prism of the Right to Life

Mendelson, D., & Bagaric, M., Assisted suicide through the prism of the right to life, International Journal of Law and Psychiatry, (2013)
Number of pages: 13 Posted: 15 Oct 2014
Danuta Mendelson and Mirko Bagaric
Deakin University, Geelong, Australia - Deakin Law School and Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 85 (618,811)

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39.

The Senseless War: The Sentencing Drug Offenses Arms Race

Oregon Review of International Law, 2014
Number of pages: 44 Posted: 30 Sep 2015 Last Revised: 23 Oct 2015
Mirko Bagaric, Samantha Hepburn and Lidia Xynas
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Independent
Downloads 81 (636,316)

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40.

Nice or Nasty? Reasons to Abolish Character as a Consideration in Australian Sentencing Hearings and Professionals’ Disciplinary Proceedings

(2018) 44(3) Monash University Law Review 567
Number of pages: 35 Posted: 18 Aug 2020
Gabrielle Wolf and Mirko Bagaric
Deakin University, Geelong, Australia - Deakin Law School and Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 77 (654,699)

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41.

(Particularly) Burdensome Prison Time Should Reduce Imprisonment Length - And Not Merely in Theory

Melbourne University Law Review, Vol. 38, No. 2, 2014
Number of pages: 35 Posted: 18 Sep 2015
Mirko Bagaric, Richard Fred Edney and Theo Alexander
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, University of Melbourne and Deakin University, Geelong, Australia - Deakin Law School
Downloads 77 (654,699)

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42.

The High Court on Crime in 2018: Outcomes and Jurisprudence

Criminal Law Journal (2019) vol 43 (Forthcoming)
Number of pages: 23 Posted: 25 Mar 2019
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 72 (679,150)

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Australian High Court, Criminal Jurisprudence, 2018

43.

Halting the Senseless Civil War Against White-Collar Offenders: 'The Conduct Undermined the Integrity of the Markets' and Other Fallacies

Michigan State Law Review, 2016
Number of pages: 46 Posted: 10 Mar 2017
Mirko Bagaric, Jean Du Plessis and Jaclyn Silver
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and State University of New York (SUNY) - University at Buffalo
Downloads 69 (694,694)

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Insider trading, sentencing, reform

44.

The Fallacy of Punishing Offenders for the Deeds of Others: An Argument for Abolishing Offence Prevalence as a Sentencing Aggravating Consideration

Sydney Law Review Vol. 38, No. 23, 2016, Deakin Law School Research Paper No. 16-35
Number of pages: 27 Posted: 02 May 2016 Last Revised: 09 Sep 2016
Mirko Bagaric and Theo Alexander
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 69 (694,694)

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45.

The Irrelevance to Sentencing of (Most) Incidental Hardships Suffered by Offenders

University of New South Wales Law Journal, Vol. 39, No. 1, 2016, Deakin Law School Research Paper No. 16-17
Number of pages: 38 Posted: 03 May 2016 Last Revised: 18 May 2016
Mirko Bagaric, Lidia Xynas and Dr Victoria Lambropoulos
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Independent and Monash University - Faculty of Law
Downloads 66 (710,852)
Citation 1

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46.

Abolishing the Curious Sentencing Anomaly in [Australian] between the Voluntary Disclosure of One’s Own Offending and Assisting Authorities with the Offending of Others

Monash Law Review, vol 43 (2017)
Number of pages: 31 Posted: 06 Mar 2018
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 65 (716,433)

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Sentencing, mitigating considerations, approach to quantifying discount

47.

A Utilitarian Argument: Laying the Foundation for a Coherent System of Law

Otago Law Review, Vol. 10, No. 2, 2002
Number of pages: 18 Posted: 22 Oct 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 65 (716,433)
Citation 1

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48.

Sound Principles, Undesirable Outcomes: Justice Scalia's Paradoxical Eighth Amendment Jurisprudence

Akron Law Review, Vol. 50, Iss. 2, Article 5, 2017
Number of pages: 52 Posted: 02 Aug 2017
Mirko Bagaric and Sandeep Gopalan
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and University of Maryland Eastern Shore - School of Business and Technology
Downloads 55 (777,425)

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Sentencing, Justice Scalia, Eighth Amendment Jurisprudence, Prisoners' Rights, Proportionality

49.

Refugee Law: Time for a Fundamental Re-Think: Need as the Criterion for Assistance

Canterbury Law Review, 2003
Number of pages: 22 Posted: 24 Oct 2015
Mirko Bagaric and Penny Dimopoulos
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Meticus Lawyers & Registered Migration Agents
Downloads 53 (790,974)

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50.

An Argument for Abolishing Delay as a Mitigating Factor in Sentencing

Adelaide Law Review, Vol. 40, No. 2, 2019
Number of pages: 23 Posted: 22 May 2020
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 51 (805,130)

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Sentencing, delay, not mitigatory

51.

Offenders Risking Deportation Deserve a Sentencing Discount – But the Reduction Should Be Provisional

Melbourne University Law Review, Vol. 43, No. 3, 2019
Number of pages: 25 Posted: 22 May 2020
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 48 (827,206)

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Sentencing, deportation at end of sentence, discount

52.

A Principled Approach to Separating the Fusion between Nursing Homes and Prisons

Pepperdine Law Review, Forthcoming, Deakin Law School Research Paper No. 16-27
Number of pages: 48 Posted: 04 Aug 2016 Last Revised: 01 Sep 2016
Mirko Bagaric, Marissa Florio and Brienna Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Harvard University, Law School, Students and Deakin University, Geelong, Australia - Deakin Law School
Downloads 45 (850,616)

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53.

Originalism: Why Some Things Should Never Change - Or at Least Not Too Quickly

University of Tasmania Law Review, Vol. 19, No. 2, 2000
Number of pages: 32 Posted: 24 Oct 2015
Mirko Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 29 (1,001,004)

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54.

Transforming Humanitarian Intervention from an Expedient Accident to a Categorical Imperative

Brooklyn Journal of International Law, Vol. 30, No. 2, 2005
Number of pages: 33 Posted: 01 Feb 2016
Mirko Bagaric and John R. Morss
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 25 (1,046,118)

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55.

Conditioning Sentencing to Prevent Double Counting of Offenders who Commit Offences while on Conditional Liberty

Melbourne University Law Review, Vol. 46, No. 1, 2022
Number of pages: 33 Posted: 19 Jan 2023
John Anderson, Brendon Murphy and Mirko Bagaric
University of Newcastle (Australia) - Newcastle Law School, University of Newcastle (Australia) - Newcastle Law School and Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Downloads 21 (1,094,928)

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Sentencing, Conditional Liberty, Double Punishment

56.

ADDRESSING THE IMPACT OF ANIMAL ABUSE: THE NEED FOR LEGAL RECOGNITION OF ABUSED PETS AS SENTIENT VICTIMS OF DOMESTIC VIOLENCE IN AUSTRALIA

Number of pages: 25 Posted: 03 Mar 2025
Jane Kotzmann, Mirko Bagaric, Gabrielle Wolf and Morgan Stonebridge
Deakin University, Geelong, Australia - Deakin Law School, Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Deakin University, Faculty of Business and Law, Deakin Law School, Students
Downloads 4 (1,283,945)

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57.

Towards a Coherent Sentencing Jurisprudence for Animal Cruelty Offences

Number of pages: 25
Gabrielle Wolf, Mirko Bagaric and Jane Kotzmann
Deakin University, Geelong, Australia - Deakin Law School, Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 0

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58.

An argument for recognising childhood sexual abuse and physical abuse as a mitigating factor in sentencing

Number of pages: 32
Mirko Bagaric and Gabrielle Wolf
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
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59.

Editor: Gabrielle Wolf ADDRESSING A HUMAN RIGHTS CRISIS: HEALTH CARE FOR PRISONERS IN AUSTRALIA

Number of pages: 28
Gabrielle Wolf and Mirko Bagaric
Deakin University, Geelong, Australia - Deakin Law School and Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
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custodial medicine, prison health, human rights, sentencing, punishment, health of prisoners