Repairing the rupture : restorative justice and the rehabilitation of offenders

Restorative justice is a social justice movement that aims to deal with consequences of crime through repairing and restoring relationships of three key stakeholders: victims, offenders, and communities. Unfortunately, it is often unclear where offender rehabilitation fits within the constructs of repair and reintegration that drive this justice paradigm. An analysis of the relationship between restorative justice theory and offender rehabilitation principles reveals tensions between the two normative frameworks and a lack of appreciation that correctional treatment programs have a legitimate role alongside restorative practices. First, we outline the basic tenets of the Risk–Need–Responsivity Model and the Good Lives Model in order to provide a brief overview of two recent models of offender rehabilitation. We then consider the claims made by restorative justice proponents about correctional rehabilitation programs and their role in the criminal justice system. We conclude that restorative justice and rehabilitation models are distinct, although overlapping, normative frameworks and have different domains of application in the criminal justice system, and that it is a mistake to attempt to blend them in any robust sense.

Overcoming barriers in the criminal court system : Examining the challenges faced when interviewing legal stakeholders

This collection contributes to, advances and consolidates discussions of the range of methods and approaches in criminology through the presentation of diverse international case studies in which the authors reflect upon their experiences ...

Pathway to justice: Examining the attrition of child sexual abuse cases

The attrition of child sexual abuse cases from the criminal justice process was explored. Recommendations to prevent attrition included: more effective communication between stakeholders; enabling connections between children and adults to facilitate disclosures; introduction of peer support programs to prevent withdrawal; and educating children about sexual victimisation to reduce withdrawal.

Substance abuse by offenders with mild intellectual disability

This study compared the rate of self-reported alcohol and other drug use in a sample of 30 young adults with mild intellectual disability whose offending behaviour had resulted in involvement in the criminal justice system, with a matched comparison group of 30 non-offenders. Performance on an alcohol and other drug knowledge test was also compared. The results indicated that many individuals with mild intellectual disability regularly consumed alcohol and used illicit drugs. Furthermore, the data suggest a possible link between substance abuse and offending behaviour in this population. Individuals who had offended reported greater use of both legal and illicit drugs than their non-offending counterparts and many reported that they had been under the influence of alcohol or illicit drugs at the time of committing the offence that had resulted in their current placement within the criminal justice system. Although deficits in knowledge were apparent in both groups, the offenders demonstrated greater overall knowledge about alcohol and other drugs.

Knowledge and attitudes of lawyers regarding offenders with intellectual disability

People with an intellectual disability appear to be over represented in the criminal justice system and have characteristics that may render them particularly vulnerable. Hypotheses concerning different treatment have been investigated by others through analysis of the attitudes of various criminal justice personnel. The current study extends this work by examining the knowledge and attitudes of Victorian criminal lawyers towards offenders with an intellectual disability. Criminal lawyers (n = 96) responded anonymously to a questionnaire concerning their knowledge of the characteristics of people with intellectual disability and their attitudes regarding the exposure and disposition of this population within the criminal justice system, In addition, respondents were asked to indicate their level of social and professional experience with people with intellectual disability. Results revealed that although the majority of criminal lawyers generally had some understanding of the problems encountered by people with an intellectual disability when they come into contact with the criminal justice system, some deficits that may contribute to vulnerability were evident.

Sentencing of indigenous offenders in Victoria

It is common knowledge, especially in the context of the findings of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC),' that indigenous persons are over-represented at all stages of the criminal justice system. Unfortunately, little has changed since the RCIADIC and indigenous representation in prisons throughout the states and territories of Australia remains at high levels. What has come to prominence since the RCIADIC, particularly through the findings of the Human Rights and Equal Opportunity Commission in the 1997 report Bringing Them Home, is the notion of the Stolen Generation. For practitioners with indigenous clients, an important matter that may be put in mitigation is the effect of belonging to the Stolen Generation in terms of offering not only an explanation for offending, but also in terms of submissions put forward on behalf of the client pertaining to disposition. In this context, the Victorian Court of Appeal decision in R v Fuller-Cust is an important one, particularly the dissenting judgment of Eames J. His Honour, in a persuasive and well-reasoned judgment, suggests a method of sentencing indigenous offenders that relates questions of Aboriginality, the Stolen Generation and punishment.

The evolution of sentencing

The Sentencing Advisory Council's addition to the Victorian Criminal Justice landscape opens the way for Victorian sentencing law and practice to become a more socially acceptable, constructive, and forensic practice, this article suggests a blueprint for a more coherent and justifiable system of sentencing

R v Scobie, finally taking the Royal Commission into aboriginal deaths in custody seriously?

Royal Commission into Aboriginal Deaths in Custody examined in the context of R v Scobie - the use made of the Commission's recommendations by Justice Gray in R v Scobie - questioning the value of imprisonment for certain types of offenders.

The need for a higher custody threshold for indigenous offenders in Victoria

Over-representation of indigenous persons in the criminal justice system has changed little since the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) - claim by the Victorian Department of Justice that a key recommendation of RCIADIC had been implemented, namely that imprisonment should be a sentence of last resort for indigenous offenders - how to ensure that imprisonment is a sanction of last resort when indigenous prisoners present for sentence.

Literary concepts and the plea in mitigation

The article focuses on the plea in mitigation, one of the most common occurrences in the criminal justice system. Methods of approaching the plea in mitigation typically emphasize the need for the advocate to address the circumstances of the offence and offender. Typically, such matters are put forward as items on a list which the advocate must ensure are addressed during the plea in mitigation. Whilst it is important for those matters to be covered in providing the factual background, or context, of the offender and the offence, it is contended that in a plea in mitigation it is not sufficient nor adequate to simply present such matters to a judicial officer at sentencing and to allow those matters then to be assembled and interpreted by the sentencing judge.