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

42

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CITATIONS
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13

Scholarly Papers (42)

1.

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 358 (81,732)

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Sentencing, Computerized Decisions, Increased Transparency, Fairness and Efficiency

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 358 (81,732)

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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 320 (92,776)
Citation 1

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

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, Swinburne Law School and Deakin Law School
Downloads 216 (139,481)

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Incarceration Crisis, Solution, Technological Incarceration

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 - University of Akron School of Law, Students
Downloads 194 (154,304)

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

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 159 (183,923)

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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 155 (187,841)
Citation 1

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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 139 (205,413)
Citation 1

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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 138 (206,590)

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10.

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 124 (224,628)
Citation 1

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11.

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 123 (225,983)

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sentencing, mitigating considerations, childhood sexual and violent abuse

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 110 (245,176)
Citation 1

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Sentencing, rehabilitation, reducing mass incarceration

13.

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 106 (251,602)

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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 104 (255,019)

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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 77 (308,233)

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16.

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 68 (330,373)

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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 58 (358,154)
Citation 1

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sentencing, alternatives to probation and parole, computer monitoring

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 48 (390,331)

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Sentencing, Mass Incarceration, Causes, Solutions

19.

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 47 (393,693)

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Sentencing, role of publicity as a mitigating or aggravating factor

20.

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 47 (393,693)

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

21.

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 44 (404,271)

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sentencing, mass incarceration, solutions

22.

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 44 (404,271)
Citation 2

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23.

(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 43 (408,006)
Citation 1

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24.

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 (443,511)

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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 33 (447,729)

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

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
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Independent and Central Queensland University
Downloads 33 (447,729)

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27.

The Illusion of Principled Justice: The Fiction That Sentencing Principle Is Applied Consistently

Australian Bar Review (2019) vol 47 Forthcoming
Number of pages: 26 Posted: 25 Mar 2019
Mirko Bagaric, Gabrielle Wolf and Brienna Bagaric
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 31 (456,817)

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Sentencing, discretion, illusory justice

28.

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 (461,510)

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29.

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 (466,295)

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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 28 (471,206)

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31.

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 (476,313)

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32.

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 22 (503,742)

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Sentencing, mitigating considerations, approach to quantifying discount

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 22 (503,742)

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34.

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 (526,804)

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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 17 (532,575)

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36.

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 15 (544,172)
Citation 5

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Sentencing, white-collar crime, individual

37.

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 (544,172)

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38.

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 15 (544,172)

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best interests, end of life, extremely premature neonates

39.

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 13 (556,056)

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Family Hardship, Mitigating Penalty Severity, Jurisprudence and Recommendations

40.

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 (556,056)

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Insider trading, sentencing, reform

41.

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 (568,285)

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42.

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 9 (580,637)

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Australian High Court, Criminal Jurisprudence, 2018