Mirko Bagaric

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

Professor Law

Hawthorn

Hawthorn

Burwood , Victoria 3000

Australia

SCHOLARLY PAPERS

54

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7,208

SSRN CITATIONS
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Top 44,394

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8

CROSSREF CITATIONS

8

Scholarly Papers (54)

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 669 (48,942)

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2.

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 541 (64,135)
Citation 1

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Sentencing, Computerized Decisions, Increased Transparency, Fairness and Efficiency

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

Number of pages: 8 Posted: 18 Aug 2020
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 352 (105,918)

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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
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 81 (375,850)

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

4.

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 425 (86,006)

Abstract:

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5.

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 408 (90,200)

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6.

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 384 (96,751)

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sentencing, mitigating considerations, childhood sexual and violent abuse

7.

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 362 (103,461)

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

8.

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, Faculty of Law, QUT and Deakin University, Geelong, Australia - Deakin Law School
Downloads 312 (121,771)
Citation 1

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Incarceration Crisis, Solution, Technological Incarceration

9.

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 283 (135,046)

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Sentencing, abolitioning prisons, COVID, BLM

10.

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 258 (148,413)

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

11.

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 215 (176,979)

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12.

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 204 (185,769)

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13.

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 191 (197,265)

Abstract:

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Sentencing, discretion, illusory justice

14.

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 184 (203,923)

Abstract:

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Sentencing, rehabilitation, reducing mass incarceration

15.

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 Deakin University, Geelong, Australia - Deakin Law School
Downloads 164 (225,076)

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16.

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 162 (227,392)
Citation 1

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17.

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 149 (245,234)
Citation 1

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sentencing, alternatives to probation and parole, computer monitoring

18.

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
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 130 (271,366)

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Sentencing, artificial intelligence, eliminating discrimination

19.

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
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 127 (276,114)

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Sentencing, Black Lives Matters, Response and Reforms

20.

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, Deakin University, Geelong, Australia - Deakin Law School and Harvard University, Law School, Students
Downloads 114 (298,547)

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21.

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 99 (328,595)

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22.

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 85 (361,600)

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Sentencing, supermax prison conditions, discount for hard-time

23.

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 85 (361,600)
Citation 1

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

24.

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 Deakin University, Geelong, Australia - Deakin Law School
Downloads 82 (369,502)

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25.

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 71 (401,041)
Citation 1

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Sentencing, Mass Incarceration, Causes, Solutions

26.

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 70 (404,050)
Citation 1

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sentencing, mass incarceration, solutions

27.

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 70 (404,050)

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Sentencing, role of publicity as a mitigating or aggravating factor

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 65 (423,574)

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Family Hardship, Mitigating Penalty Severity, Jurisprudence and Recommendations

29.

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 60 (437,418)

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Sentencing, COVID, response

30.

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 60 (437,418)

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31.

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 50 (475,190)

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32.

(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 46 (491,945)

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33.

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 45 (496,407)

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Sentencing, animal cruelty offenses, reform proposals

34.

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 41 (514,548)

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35.

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
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Independent and Central Queensland University
Downloads 39 (524,172)
Citation 1

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36.

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 Deakin University, Geelong, Australia - Deakin Law School
Downloads 38 (528,940)

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

37.

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 37 (533,852)

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38.

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 36 (538,940)

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39.

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 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 Independent
Downloads 35 (549,503)
Citation 3

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sentencing, white-collar crime, individual

40.

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 34 (549,503)

Abstract:

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Incarceration, Rehabilitation, Sentencing, Community Protection, Crisis

41.

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 34 (549,503)

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42.

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 33 (554,875)

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43.

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 32 (560,338)

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Sentencing, mitigating considerations, approach to quantifying discount

44.

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 32 (560,338)

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best interests, end of life, extremely premature neonates

45.

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 29 (577,450)

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sentencing, informers, flippers, reform of approach to discount

46.

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 28 (583,554)

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47.

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 27 (589,771)

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48.

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 23 (616,089)

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Australian High Court, Criminal Jurisprudence, 2018

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 22 (623,060)

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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 20 (637,022)

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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 17 (658,494)

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Sentencing, deportation at end of sentence, discount

52.

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 University at Buffalo, SUNY
Downloads 17 (658,494)

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Insider trading, sentencing, reform

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 17 (658,494)

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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 14 (680,798)

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