Author Page for Mirko Bagaric

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 403 (74,780)

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2.

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 375 (80,965)

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3.

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 325 (95,312)

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4.

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 235 (134,313)

Citation 1

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5.

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 214 (146,922)

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6.

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 200 (156,602)

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7.

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 194 (161,106)

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8.

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 Northwestern University, School of Law, Students

Downloads 175 (176,791)

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9.

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 149 (202,660)

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10.

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 148 (203,820)

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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 141 (212,017)

Abstract:

12.

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 128 (228,911)

Citation 1

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13.

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 115 (247,937)

Abstract:

14.

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 107 (260,835)

Abstract:

15.

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 78 (319,152)

Abstract:

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 77 (321,527)

Abstract:

17.

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 73 (331,496)

Abstract:

18.

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 57 (376,933)

Abstract:

19.

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 56 (380,175)

Abstract:

20.

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 55 (383,403)

Abstract:

21.

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 Northwestern University, School of Law, Students

Downloads 52 (393,188)

Abstract:

22.

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 52 (393,188)

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23.

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 45 (417,895)

Abstract:

24.

(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 44 (421,716)

Abstract:

25.

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 34 (462,874)

Abstract:

26.

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 Central Queensland University

Downloads 34 (462,874)

Abstract:

27.

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 34 (462,874)

Abstract:

28.

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 32 (471,989)

Abstract:

29.

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 30 (481,760)

Abstract:

30.

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 29 (486,716)

Abstract:

31.

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 28 (491,921)

Abstract:

32.

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 (491,921)

Abstract:

33.

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 25 (508,356)

Abstract:

34.

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 23 (519,865)

Abstract:

35.

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 21 (531,728)

Abstract:

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 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 20 (537,655)

Citation 1

Abstract:

37.

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 19 (543,858)

Abstract:

38.

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 18 (549,919)

Abstract:

39.

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 18 (549,919)

Abstract:

40.

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 17 (556,041)

Abstract:

41.

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 15 (568,147)

Abstract:

42.

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 14 (574,506)

Abstract:

43.

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 11 (593,993)

Abstract:

44.

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 10 (600,473)

Abstract:

45.

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: 30 Sep 2019

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 7 (620,416)

Mirko Bagaric

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

Professor Law

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Scholarly Papers (45)

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