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    Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW]Tyrone Kirchengast - 2010 - Criminal Law and Philosophy 4 (2):197-213.
    The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the (...)
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    The Landscape of Victim Rights in Australian Homicide Cases—Lessons from the International Experience.Tyrone Kirchengast - 2011 - Oxford Journal of Legal Studies 31 (1):133-163.
    This article explores the development of victim rights in sentencing through a comparative analysis of the rights of family victims in homicide sentencing proceedings across Australia, the United States, England and Wales and Canada. Of the various rights afforded to victims of crime, the use of family victim impact evidence in the sentencing of homicide offenders has proven most contentious, with various courts grappling with the weight such evidence ought to play in sentencing proceedings. In homicide cases where the family (...)
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