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Sentencing for Multiple Crimes$
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Jan de Keijser, Julian V. Roberts, and Jesper Ryberg

Print publication date: 2017

Print ISBN-13: 9780190607609

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190607609.001.0001

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Exploring an Institutionalist and Post-Desert Theoretical Approach to Multiple-Offense Sentencing

Exploring an Institutionalist and Post-Desert Theoretical Approach to Multiple-Offense Sentencing

Chapter:
(p.31) 3 Exploring an Institutionalist and Post-Desert Theoretical Approach to Multiple-Offense Sentencing
Source:
Sentencing for Multiple Crimes
Author(s):

Anthony Bottoms

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190607609.003.0003

This chapter begins with a discussion of Neil MacCormick’s institutionalist approach to legal phenomena, and argues that this theoretical framework has value as a way to study multiple offense sentencing (MOS). The most thorough completed empirical research into MOS, by Austin Lovegrove in Victoria, Australia, is then considered, alongside the leading Victorian case of Azzopardi v. R. Congruently with the expectations of institutionalism, this analysis uncovers several separate normative principles used by judges in MOS practice. These results are discussed through the lens of what can be described as “post-desert theory.” Overall, the analyses in the chapter are intended to pave the way for the development of a more coherent answer to the question: “what principles should optimally guide sentencers when dealing with cases involving multiple offenses?”

Keywords:   multiple-offense sentencing, institutionalism, Neil MacCormick, Austin Lovegrove, Victoria, ordinal proportionality, mercy, totality principle, post-desert theory

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