Mandatory Sentencing Around the World and the Need for Reform

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4 Citations (Scopus)


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.

Original languageEnglish
Pages (from-to)391-432
Number of pages42
JournalNew Criminal Law Review
Issue number3
Publication statusPublished - 2017
Externally publishedYes


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