Haslem Thesis Submitted No Signatures.pdf (3.08 MB)
Caught in the crossfire in the war on drugs: drug trafficking, sentencing and human rights
thesis
posted on 2019-12-12, 07:40 authored by HELEN MARGARET HASLEMThis thesis investigates who trafficks drugs into Australia, how these persons are sentenced, and whether their sentences are consistent with international human rights norms. It is contended that the international human rights doctrine of constitutional proportionality is the appropriate test for making this evaluation because of its widespread use in constitutional and human rights adjudication, including by the European Court of Human Rights and the United Nations Human Rights Committee. Based on sentencing remarks from a sample of 94 cases, the results reveal systemic problems with sentence formulation which produce disproportionate sentences, contrary to international human rights norms.
History
Campus location
AustraliaPrincipal supervisor
Arie FreibergAdditional supervisor 1
Heli AskolaYear of Award
2019Department, School or Centre
LawCourse
Doctor of PhilosophyDegree Type
DOCTORATEFaculty
Faculty of LawUsage metrics
Keywords
drugsdrug treaty offencesdrug mulesdrug couriersdrugs and human rightssentencingdrugs and sentencingsentencing severitypunitive sentencesproportionalityconstitutional proportionalityproportionality and sentencingconstitutional proportionality and sentencinggeneral deterrencedrug traffickingdrug importationssentencing and human rightsdrug policyinternational drug conventionsinternational drug control policypunishmentarbitrary punishmentillegal drugstransnational drug traffickingdrug trafficking borderillegal drug traffickingillicit drug traffickingdrug trafficking organisationsfederal drug offencescruel and inhuman punishmentLaw