This article considers the increased use of mandatory sentencing provisions in a range of jurisdictions, including Canada, Australia, the United States, and United Kingdom/Europe. It finds that, whereas some courts have struck out mandatory sentencing laws, often mandatory minimum penalties have been validated. This jurisprudence is considered through a range of themes, including notions of arbitrariness, the doctrine of proportionality, the relevance of objectives of the criminal justice system, and broader questions regarding the separation of powers.
Mandatory Sentencing Around the World and the Need for Reform
Anthony Gray is Professor of Law at the University of Southern Queensland, Australia. He received his LLB and LLM from Queensland University of Technology and his PhD from the University of New South Wales. His major research interests are in the area of human rights, constitutional law, and comparative law. He thanks the anonymous reviewer and the Editor of the Review for helpful comments on an earlier draft of this article, and the copy editor for their diligent work.
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Anthony Gray; Mandatory Sentencing Around the World and the Need for Reform. New Criminal Law Review 1 August 2017; 20 (3): 391–432. doi: https://doi.org/10.1525/nclr.2017.20.3.391
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