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

36

DOWNLOADS
Rank 17,814

SSRN RANKINGS

Top 17,814

in Total Papers Downloads

2,390

CITATIONS

1

Scholarly Papers (36)

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 (87,116)
Citation 1

Abstract:

Loading...

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

2.

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 128 (199,439)

Abstract:

Loading...

3.

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 (389,356)

Abstract:

Loading...

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 14 (203,158)

Abstract:

Loading...

5.

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 (213,480)

Abstract:

Loading...

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 (371,818)

Abstract:

Loading...

7.

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 (296,318)

Abstract:

Loading...

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 (243,437)

Abstract:

Loading...

9.

(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 3 (382,159)

Abstract:

Loading...

10.

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 0 (444,033)

Abstract:

Loading...

Sentencing, role of publicity as a mitigating or aggravating factor

11.

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 0 (528,758)

Abstract:

Loading...

Sentencing, mitigating considerations, approach to quantifying discount

12.

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 0 (193,485)

Abstract:

Loading...

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

13.

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 Unaffiliated Authors - Independent
Downloads 0 (533,991)

Abstract:

Loading...

Sentencing, white-collar crime, individual

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 Law School and University of Akron - University of Akron School of Law, Students
Downloads 0 (272,610)

Abstract:

Loading...

Sentencing, rehabilitation, reducing mass incarceration

15.

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 (454,238)

Abstract:

Loading...

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

16.

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 (459,443)

Abstract:

Loading...

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

17.

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 (248,570)

Abstract:

Loading...

Sentencing, Computerized Decisions, Increased Transparency, Fairness and Efficiency

18.

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 (425,275)

Abstract:

Loading...

Sentencing, Mass Incarceration, Causes, Solutions

19.

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 0 (518,240)

Abstract:

Loading...

Insider trading, sentencing, reform

20.

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 (171,702)

Abstract:

Loading...

Incarceration Crisis, Solution, Technological Incarceration

21.

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 0 (439,100)

Abstract:

Loading...

22.

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 (310,732)

Abstract:

Loading...

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
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Unaffiliated Authors - Independent and Australian National University
Downloads 0 (429,731)

Abstract:

Loading...

24.

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 (439,100)

Abstract:

Loading...

25.

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 (429,731)

Abstract:

Loading...

26.

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 0 (91,058)

Abstract:

Loading...

27.

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 (257,331)

Abstract:

Loading...

28.

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 (523,555)

Abstract:

Loading...

29.

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 (220,330)

Abstract:

Loading...

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 0 (464,687)

Abstract:

Loading...

31.

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 (507,371)

Abstract:

Loading...

32.

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 (486,242)

Abstract:

Loading...

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 0 (464,687)

Abstract:

Loading...

34.

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 Unaffiliated Authors - Independent
Downloads 0 (408,749)

Abstract:

Loading...

35.

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 0 (572,433)

Abstract:

Loading...

36.

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 (518,240)

Abstract:

Loading...

best interests, end of life, extremely premature neonates