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

30

DOWNLOADS
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Top 22,570

in Total Papers Downloads

1,752

CITATIONS

1

Scholarly Papers (30)

1.

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 283 (83,167)
Citation 1

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

2.

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 21 (380,960)

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3.

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 14 (214,752)

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4.

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 10 (237,814)

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5.

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 4 (290,756)

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6.

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 4 (437,053)

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7.

(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 3 (373,875)

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8.

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 3 (271,016)

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9.

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 0 (305,074)

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Sentencing, rehabilitation, reducing mass incarceration

10.

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 0 (524,671)

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

11.

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 0 (457,933)

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

12.

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 0 (293,049)

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Sentencing, Computerized Decisions, Increased Transparency, Fairness and Efficiency

13.

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 0 (457,933)

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Sentencing, Mass Incarceration, Causes, Solutions

14.

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
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 0 (509,974)

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Insider trading, sentencing, reform

15.

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 0 (206,657)

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Incarceration Crisis, Solution, Technological Incarceration

16.

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
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 0 (442,220)

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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 0 (323,639)

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18.

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 Australian National University
Downloads 0 (417,668)

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19.

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 0 (457,933)

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20.

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 0 (417,668)

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21.

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 Marissa Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 0 (103,397)

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22.

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 0 (259,154)

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23.

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 0 (504,901)

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24.

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 0 (264,984)

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25.

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 0 (457,933)

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26.

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 0 (499,740)

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27.

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 0 (473,691)

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28.

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 0 (457,933)

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29.

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 Jane 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 0 (400,349)

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30.

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 0 (519,909)

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best interests, end of life, extremely premature neonates