NCJ Number
175007
Journal
Australian and New Zealand Journal of Criminology Volume: 30 Issue: 2 Dated: August 1997 Pages: 168-186
Date Published
1997
Length
19 pages
Annotation
Although initially intending to analyze sentencing decisions for drug offenses in New South Wales (Australia), so as to discern a set of principles of jurisprudential values in this area of criminality, the study found instead that the cases favor a negation of principle; this conclusion is discussed.
Abstract
This jurisprudential void owes much to the pervasiveness of liberal ideology. Liberalism presupposes a dichotomy between the individual and the state. The state's role is negatively defined under liberal ideology; it is responsible for preventing chaos, but must not otherwise interfere in the lives of individuals. This article focuses on two aspects of the liberal tradition: the privileging of the individual and the birth of instrumental rationality. An examination of sentencing jurisprudence regarding drug offenses in New South Wales between 1989 and 1993 found one supreme principle of sentencing: judicial discretion. The exercise of judicial discretion is associated with freedom, flexibility, and art. The author does not advocate a fettering of judicial discretion; rather, he argues for a more specific and contextual approach to punishment issues that takes into account community standards on punishment. 55 notes and 42 references