The implications of jail time discounting for court sentences

Specific and marginal general deterrence are being increasingly discredited as useful sentencing objectives. One reason is that offenders discount jail time, sometimes quite substantially. As a consequence, there is a significant difference between the court's sentence and the effective penalty. The latter is the offender's perceived duration of the time in jail. Discount rates, which perhaps can be thought of as a measure of acclimatisation to the prison experience, potentially weaken considerably the likelihood of successfully attaining the objective of specific deterrence. In addition, since jail time discount rates increase as the sentence length increases, punishment burden increases less than proportionately. This means that successfully achieving marginal deterrence is even more problematical. Using New South Wales data for three different offences, mean estimates of jail time discount rates are obtained, and then used to adjust downwards court sentences and estimate their effective equivalents. Effective sentence elasticities are then computed to gauge the impact of sentence doubling. Very low values are obtained. The critical implications for sentencing suggested by this study are, first, that absolute general deterrence and specific deterrence are realistic sentencing objectives. Marginal deterrence, however, does not seem to be attainable, given the ubiquity of positive time preference. Secondly, subject to the proportionality constraint, relatively shorter sentences are likely to be more punitive than longer ones, and therefore more effective as specific deterrents.

O where are you going? O do you imagine? Reproduction and response : a reflexive sociology of scholarship of teaching and learning in practical legal training

My doctoral research studies Australian PLT practitioners’ engagement with scholarship of teaching and learning. I argue that many PLT practitioners are motivated to engage with scholarship of teaching and learning in their work. There are, however, individual and extra-individual impediments.
PLT practitioners are lawyers that teach in institutional practical legal training (“PLT”). Satisfactory completion of mandatory PLT is an eligibility requirement for admission to the Australian legal profession. The PLT requirement is additional to academic legal qualifications. PLT is undertaken at a post-graduate level with, or after, the academic law degree.
My study investigates PLT practitioners’ motivations and capabilities to engage with scholarship of teaching and learning (“SoTL”). I study organisational symbolic support for SoTL in PLT, and organisational allocation of resources to SoTL in PLT.
The study involves individual and extra-individual domains of PLT practitioners’ work. It considers how social structures (e.g. “the juridical”) are inscribed into individuals’ practices (“teaching”) and, conversely, whether practices influence social structures.
My research adopts qualitative methodologies. These involve inter-disciplinary exchanges between law, legal education, practice research, sociology of law, cultural theory, and theory and practice of teaching and learning. My theoretical framework draws on Pierre Bourdieu’s “reflexive sociology”, and Michel de Certeau’s “heterological science”.
I sourced data from documents, and semi-structured interviews with 36 Australian PLT practitioners. Documentary sources include statutory instruments, speeches, reports, practice directions, histories, and scholarly publications.
To analyse the data I adopted Kelle’s characterisation of “theoretical sensitivity”, drawing on “explicit” and “emergent” analysis strategies derived from “grounded theory”. The explicit strategies were based on my theoretical framework. The emergent strategy involved sensitivity to non-explicit concepts and theories that emerged from the data. Computer-aided qualitative data analysis software expedited these methods.
My findings to date question dominant legal structures’ readiness for change, the implications of this for teaching and learning in PLT, and in particular for PLT practitioners’ engagement with SoTL in PLT.
The espoused rationale for mandatory PLT (in statutes) is improvement for the protection of clients, the administration of justice, and to assure quality legal services. The tacit rationale is improved quality of legal education, and experiences, for lawyers-to-be. My thesis argues dominant structures in legal education impede the espoused and tacit objectives, and impede PLT practitioners’ engagement with scholarship of teaching and learning.

In defence of parole : why parole is essential to community safety

This article discusses recent moves to make parole harder to obtain for prisoners serving sentences, and explains why this is disastrous and counter-productive to public safety

Australia's response to sexualised or sexually abusive behaviours in children and young people.

Responding to children and young people with sexualised or sexual offending behaviours presents significant challenges across the allied health, child protection, education and juvenile justice sectors. This report maps the specialised therapeutic services designed to effect positive behavioural change and thus divert young people with sexualised behaviours from the juvenile justice system. Accurate numbers on children with sexualised or sexual offending behaviours are difficult to determine. There are several factors contributing to this gap in understanding. These include entrenched ideals about children as inherently innocent, widespread ignorance about developmental sexuality, and the tendency of both young people and parents to deny or minimise incidents when they do occur.

In Australia, data on children with sexualised behaviours are not collected uniformly and nondisclosure contributes to what might be large numbers of offences going undetected. Mandatory reporting requirements apply where children display sexualised behaviours and are thought to be at risk of harm. Yet a general lack of knowledge as to what constitutes appropriate behaviour means that many may respond inappropriately to incidents of sexualised behaviours. This context of confusion, denial and non-disclosure creates a hidden population of children that continues to be at risk. Attention to redressing the contexts for non-disclosure is urgently required to ensure that children in need are provided with specialised therapeutic care.

This report presents qualitative data from interviews with specialised clinicians as well as submissions from service providers in both community and youth justice settings. In mapping the availability of therapeutic services, this report highlights a number of geographic and demographic gaps in service provision, including difficulties with eligibility criteria, referral pathways, funding arrangements and specialised workforce development. There are multiple challenges facing the tertiary services sector, yet the comprehensive provision of specialised services is just one part of the response required. This study emphasises the need for effective primary and secondary prevention to effect a reduction in the numbers of young people requiring counselling in the future. Consistent with the public health model, this report prioritises professional and community education strategies that would ultimately necessitate fewer tertiary services for young people and fewer places in juvenile detention centres.

The contribution of Building Information Modelling (BIM) to Green Building Design and Assessment in Abu Dhabi "ESTIDAMA"

Estidama is a mandatory Green Building code in Abu Dhabi by which the compliance of building design is being assessed. This paper examines the current design and assessment approaches for Green Buildings to identify the reasons that lead to delay defects and it investigates a new approach for improvement. The available literature provides a realistic understanding to the problems and shows the road to some potential solutions. The identified problems were mainly attributed to the manual assessment with too much human interference. The piled documents with limited resources left the assessment system too slow to handle the whole projects within the greater Abu Dhabi engendering high risk of the commitment to review mistakes. Therefore, this paper investigates the potentiality of automating several stages via the use of Building Information Modeling (BIM) into the assessment process. Different experienced participants from all aspects within the construction industry were interviewed to contribute to the research. Also, a close question questionnaire was distributed to examine the current practice in Abu Dhabi to compare it with the initial findings. The findings point out significant requirements to adopt BIM in the assessment process, such as the availability of proper contracts form to shape the relationship between BIM parties and the readiness of the current system. Hence, the authors suggest a new model that integrates BIM capabilities within the system to accelerate the process and reduce human involvement.

The Mengistu genocide trial in Ethiopia

This article analyses the sentencing judgment issued on 11 January 2007 bythe Ethiopian Federal High Court in the case of Mengistu Hailemariam andhis co-accused who had been tried, among others, on charges of genocide andcrimes against humanity. This was the first African trial where an entire regimewas brought to justice before a national court for atrocities committed while inpower. Twenty-five of the 55 accused found guilty, including Mengistu, were triedin absentia (Mengistu remains in exile in Zimbabwe). The trial took 12 years,making it one of the longest ever trials for genocide. In December 2006, Mengistuwas convicted by majority vote of genocide and crimes against humanity pursuant toArticle 281of the1957 Ethiopian Penal Code, which includes ‘political groups’amongthe groups protected against genocide. A dissenting judge took the position that theaccused should have been convicted of aggravated homicide because the relevant part of the provision had been repealed. A few weeks later, the Court, by majority,sentenced the top tier of the accused to life imprisonment, taking into accountcertain extenuating circumstances. If not for these, the death penalty would havebeen imposed. In addition to ensuring some accountability, the judgmentis important for providing an official and detailed account of what happenedin those years in Ethiopia under Mengistu’s reign. Given that in Ethiopia there areno official gazettes where court judgments are published, it is unlikely that the publicwill be able to read the judgment and thus become aware of what had happened.In addition to analysing the reasoning of the court, this article also looks intothe prevailing political circumstances in the country and reflects upon the trialand the reception that this important decision has had, and will receive, in thewider community.

Retrials of persons acquitted of indictable offences in England and Australia: exceptions to the rule against double jeopardy

Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated in two jurisdictions in Australia (Victoria and the Northern Territory). The Australian Law Reform Commission, in conjunction with the New South Wales Law Reform Commission, has recommended that provisions similar to those in Victoria should be contained in relevant legislation in all States and Territories. However, a recent series of cases in Victoria has revealed significant problems in relation to the mandatory jury directions. These difficulties have generated increasingly elaborate and complex directions. The complexity of these directions not only presents considerable challenges for judges but also may overwhelm, rather than assist, members of the jury. The Court of Appeal of Victoria has called for "urgent and wholesale reform". In the light of these concerns, it is suggested that the Victorian mandatory directions do not provide a model for other jurisdictions. Rather, the Victorian experience can be seen as a cautionary tale of the problems and pitfalls of such directions. Recently, the Victorian government has passed the Jury Directions Act 2013. This Act sets out "guiding principles" that should determine the content, and use, of jury directions. These guiding principles should form the basis for any jury directions with respect to sexual offences.

Towards a BIM-based energy rating system

Governments in Australia are faced with policy implementation that mandates higher energy efficient housing (Foran, Lenzen & Dey 2005). To this effect, the National Construction Code (NCC) 2013 stipulates the minimum energy performance for residential buildings as 114MJ/m2 per annum or 6 stars on an energy rating scale. Compliance with this minimum is mandatory but there are several methods through which residential buildings can be rated to comply with the deemed to satisfy provisions outlined in the NCC. FirstRate5 is by far the most commonly used simulation software used in Victoria, Australia. Meanwhile, Building Information Modelling (BIM), using software such as ArchiCAD has gained a foothold in the industry. The energy simulation software within ArchiCAD, EcoDesigner, enables the reporting on the energy performance based on BIM elements that contain thermal information. This research is founded on a comparative study between FirstRate5 and EcoDesigner. Three building types were analysed and compared. The comparison finds significant differences between simulations, being, measured areas, thermal loads and potentially serious shortcomings within FirstRate5, that are discussed along with the future potential of a fully BIM-integrated model for energy rating certification in Victoria. © 2014, The Association for Computer-Aided Architectural Design Research in Asia (CAADRIA), Hong Kong.

Diabetes in older people: new insights and remaining challenges

Diabetes in ageing communities imposes a substantial personal and public health burden by virtue of its high prevalence, its capacity to cause disabling vascular complications, the emergence of new non-vascular complications, and the effects of frailty. In this Review, we examine the current state of knowledge about diabetes in older people (aged ≥75 years) and discuss how recognition of the effect of frailty and disability is beginning to lead to new management approaches. A multidimensional and multidisciplinary assessment process is essential to obtain information on medical, psychosocial, and functional capabilities, and also on how impairments of these functions could limit activities. Major aims of diabetes care include maintenance of independence, functional status, and quality of life by reduction of symptom and medicine burden, and active identification of risks. Linking of therapeutic targets to individual functional status is mandatory and very tight glucose control is often not necessary. Hypoglycaemia remains an important avoidable iatrogenic event. Quality diabetes care in older people remains an important challenge for health professionals.

Promoting participation through the universal design of built environments: making it happen

Environmental design is a determinant of social inclusion and people’s participation in life roles. Design that does not cater for a diverse range of ages, abilities and cultures restricts people’s access to, and use of, domestic or public premises. Universal design is an approach that acknowledges diversity of populations and encourages designers to create objects and places that are usable by the greatest majority of users. Although there are potential benefits to the widest application of universal design within society, such application is not mandatory within Australia. This paper presents findings from an Australian qualitative study that explored universal design as a means of facilitating greater environmental access for all. The views of experts working within the field of architecture and environmental access were explored regarding factors that restrict or facilitate application of universal design to the design of built environments. Study findings revealed a number of themes relating to factors that may restrain, ‘what’s holding us back?’ and factors that may facilitate application of universal design, ‘making it happen’. These findings have direct relevance to those involved in the planning and design of built environments, policy developers and educators.

The "X component" in Shanghai's social security reforms

In 2003, the Shanghai Bureau of Labour and Social Security launched the zhenbao (town insurance) programme, now widely known as 25 plus X. This scheme is regarded as an important experiment in social security reform and has been lauded for extending social security to areas where previously only segments of the population had mandatory coverage. Using data from 103,000 individuals enrolled in 25 plus X, we examine the extent to which the scheme represents an extension in social security coverage. Our analysis suggests that while it does represent an extension of benefits for some, for many it represents a considerable dilution in benefits. © 2009 The author(s). Journal compilation © 2009 International Social Security Association.

Feminist challenges to the constraints of law : donning uncomfortable robes?

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change.

Community attitudes toward the reintegration of ex-prisoners

 This study explored community readiness to support ex-prisoner reintegration; a sentencing objective requiring active community participation. Findings indicate the community support reintegration. Certain conditions maximised support. Abstract reintegrative policy was endorsed over personal involvement in ex-prisoner reintegration; ex-prisoners demonstrating an ability to be ‘redeemed’ and non-stereotypical ex-offender-types received greater support.