Author Page for Mirko Bagaric

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 322 (86,549)

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2.

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 316 (88,371)

Citation 1

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3.

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, Swinburne Law School and Deakin Law School

Downloads 180 (155,660)

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4.

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 - University of Akron School of Law, Students

Downloads 162 (170,740)

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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 133 (200,729)

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6.

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 Law School

Downloads 132 (201,979)

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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 132 (201,979)

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8.

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 129 (205,777)

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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 113 (227,291)

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10.

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 101 (245,937)

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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 100 (247,658)

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12.

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 Law School and University of Akron - University of Akron School of Law, Students

Downloads 98 (251,017)

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13.

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 74 (298,269)

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14.

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

Stanford Law & Policy Review, Vol. 30, No. 1, Forthcoming

Number of pages: 54 Posted: 24 Aug 2018

Mirko Bagaric, Gabrielle Wolf and Peter Isham

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

Downloads 66 (317,543)

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15.

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 66 (317,543)

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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 60 (333,474)

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17.

(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, The University of Melbourne and Deakin University, Geelong, Australia - Deakin Law School

Downloads 41 (393,396)

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18.

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 40 (397,014)

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19.

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 Law School

Downloads 38 (404,492)

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20.

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 37 (408,471)

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21.

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 (420,435)

Abstract:

22.

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 33 (424,514)

Abstract:

23.

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 Australian National University

Downloads 30 (437,408)

Abstract:

24.

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 29 (441,999)

Abstract:

25.

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 27 (451,601)

Abstract:

26.

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 27 (451,601)

Abstract:

27.

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 25 (461,840)

Abstract:

28.

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 24 (467,146)

Abstract:

29.

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 22 (477,841)

Abstract:

30.

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 18 (499,779)

Abstract:

31.

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 15 (516,236)

Abstract:

32.

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 14 (521,809)

Abstract:

33.

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 13 (527,378)

Abstract:

34.

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

Number of pages: 29 Posted: 23 Jan 2018

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 12 (533,062)

Abstract:

35.

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 12 (533,062)

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36.

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 (538,533)

Abstract:

37.

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 6 (565,436)

Mirko Bagaric

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

Professor Law

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Scholarly Papers (37)

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