Criminology and Criminal Justice Commons^™

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

San Diego Law Review

This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.

More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …

With Reckless Abandon: Haneef And Ul-Haque In Australia's 'War On Terror', Mark Rix

Mark Rix

This brief paper considers the political and social implications of the manner in which Australia has prosecuted the so-called ‘war on terror’. It does this by investigating relevant aspects of Australia’s anti-terrorism legislation and the performance of Australian security and law enforcement agencies, namely, the Australian Security and Intelligence Organisation (ASIO) and the Australian Federal Police (AFP). Focusing on the Haneef and Ul-Haque cases, the paper will consider how the political climate created by the former Federal Government’s legislative approach to the war on terror has influenced the performance of these organisations. By focusing on these two cases, the paper …