Crown appeals against sentence in Victoria : results and implications of an empirical study

Empirical study between 2002 and 2004 on decisions of the Victorian Court of Criminal Appeal relating to sentencing appeals - increase in number of Crown appeals - possible reasons - increasing success of Crown appeals - implications for criminal justice system - higher success on the basis of manifest inadequacy for the Crown than for sentenced persons on the same ground of manifest excess - reconsideration of principles concerning Crown appeals.

Just deserts in post-colonial society : problems in the punishment of indigenous offenders.

Revised version of a paper presented to the Australian and New Zealand Society of Criminology Conference, Sydney, 2-3 October 2003 - disproportionate number of indigenous persons in the criminal justice system - the concept of 'just deserts' in regard to indigenous punishment - legislative reforms are needed to empower the judiciary in the sentencing process - must take account of the historical fact of dispossession - destructive effects on indigenous communities.

Scientific proof that humans enjoy punishing wrongdoers: The implications for punishment and sentencing

Recent developments in brain science confirm that as a race we are in fact a punitive lot. Human beings actually derive pleasure from inflicting punishment on wrongdoers. We are wired in such a way that the part of our brain that reports pleasure is activated when we punish norm violators. This is even when punishment has no tangible or demonstrable benefits. However, we are not slaves lo our emotions. Another region of our brain 'kicks-in' if punishment becomes self-defeating, in that it conflicts with our other interests. The implications of this research for punishment theory and the practice of sentencing are discussed in this paper. The findings give qualified support to the theory known as intrinsic retributivism, but do not suggest it is the soundest theory of punishment. This is because we stop punishing when it comes at a cost to us. The good feeling that punishment invokes in punishers is another consequential consideration in favour of the utilitarian theory of punishment. However, it is not clear that the utilitarian calculus is necessarily affected by the findings. The main implication of the research findings relates to the relevance of public opinion to sentencing practice. The findings support the view that public sentiment, which seems to support increasingly tougher sanctions, can be curtailed of the public are informed that punishment comes of a cost to community.

Just deserts in a post-colonial society : problems in the punishment of indigenous offenders

An enduring aspect of the operation of the criminal justice system in Australia has been the disproportionate representation of indigenous persons. Under current sentencing principles, aboriginality can be taken into account as a factor in mitigation because of the nature of social and economic disadvantage suffered by indigenous communities. It is contended that such an approach is inadequate as it fails to comprehend the reasons for that disadvantage. In short, the effects of colonialism and dispossession. An account of punishment will be developed that colonialism and dispossession cannot be omitted from any satisfactory account of the theory and history of punishment of indigenous persons. By relying on the notion of ‘just deserts’ an account of punishment will be proposed that extends the categories currently put forward to justify punishing indigenous persons. Traditional, philosophical accounts of punishment and insights from critical race theory will both be used in an attempt to articulate what ‘just deserts’ means in the context of a post-colonial society.

The Internet and child sexual offending : a criminological review

This paper outlines the current literature on what is known about the processes by which individuals utilize the Internet for child sexual abuse. First, three ways in which the Internet is utilized are outlined: (1) by dissemination of sexually abusive images of children for personal and/or commercial reasons; (2) by communication with other individuals with a sexual interest in children: and (3) by maintaining and developing online pedophilic networks. Second, content and availability of abusive images are described, and the difficulties faced by criminal justice agencies in both the definition of abusive images and their prohibition is discussed. Third, the potential for offenders to ‘cross-over’ from online offenses to contact sexual victimization of children is examined and placed within a context of various Internet offender typologies that have been developed. Finally, implications of this body of research for law and public policy are considered.

Offender rehabilitation : a normative framework for forensic psychologists

Community protection from offenders is addressed through punishment, deterrence, incapacitation, and/or rehabilitation. The current public policy debate about community protection refers to community rights as opposed to offender rights as if the two are mutually exclusive. However, in this article it will be argued that offender rehabilitation can enhance community protection if it addresses community rights and offender rights. The author proposes a normative framework to guide forensic psychologists in offender rehabilitation. The normative framework considers psychological theory—the risk-need model to address community rights and the good lives model to address offender rights. However, forensic psychologists operate within the context of the criminal justice system and so legal theory will also be considered. Therapeutic jurisprudence can balance community rights and offender rights within a human rights perspective. The proposed normative framework guides forensic psychologists in the assessment of risk, the treatment of need, and the management of readiness in balancing community rights and offender rights. Within a human rights perspective, forensic psychologists have a duty to provide offenders with the opportunity to make autonomous decisions about whether to accept or reject rehabilitation.

Accountability and dignity : ethical issues in forensic and correctional practice

Our aim in the special issue is to address some of the more abstract and fundamental ethical problems evident in the criminal justice system and to inquire into their significance for those individuals who assess and deliver rehabilitation programs to offenders. In order to provide an appropriate theoretical framework for an investigation of ethical concerns in the forensic and correctional practice domains, we first outline an ethical framework that is intended to help practitioners reflect systematically on their practice [Ward, T., & Syversen, K., (2009). Vulnerable agency and human dignity: An ethical framework for forensic practice. Aggression and Violent Behavior, 14, 94–105]. Second, we explicitly examine the relationship between two normative frameworks evident within the criminal justice system, punishment and rehabilitation, and inquire into their relationship. Finally, we briefly describe each of the papers comprising the special issue.

Do governments lead or lag in fighting crime?

We examine the Granger causal relationship between police strength and a variety of different types of crime for South Australia. We find that with the exception of assault and homicide in the long run, the crime rate and police strength are neutral.

Anger and indigenous men : understanding and responding to violent behaviour

This book is for social work and criminal justice practitioners who wish to develop culturally appropriate and effective programs for reducing anger-related violence perpetrated by Indigenous men. It places cultural context at the heart of any intervention, broadening the focus from problematic behaviour to a more holistic notion of well-being.

The rehabilitation of indigenous prisoners : an Australian perspective

The massive problems experienced by Indigenous Australians in their encounters with the criminal justice system have been well documented and widely discussed. This paper applies the Risk, Needs and Responsivity Model of rehabilitation to Indigenous offenders. While much of the review is devoted to a discussion of Australian Indigenous offenders, the issues raised are likely to be relevant to Indigenous groups from other countries and, possibly, ethnic minority offenders more generally. We concluded that whilst the model clearly has value, rehabilitation programs would benefit from a careful consideration of issues relating specifically to the Risk, Needs and Responsivity of Indigenous offenders.

Current trends in the rehabilitation of juvenile offenders

The Australian Institute of Criminology's recent work on adult male offenders has found that the most serious and persistent adult offenders had been detained as a juvenile. In terms of crime reduction, interventions that focus on reducing the likelihood of juveniles escalating to adult offenders will have significant benefits for the whole of the Australian community. Research conducted in juvenile justice settings around the world consistently shows that young people who come to the attention of criminal justice agencies have multiple problems and experience high levels of need across all areas of functioning. In meeting these needs, correctional agencies have been increasingly influenced by the model of rehabilitation known as the 'what works' approach. This paper outlines a case management framework for rehabilitating juvenile offenders that includes three of the most important 'what works' principles, namely the risk principle, the needs principle and the responsivity principle. In the longer term, the implementation of the framework will need to be evaluated to determine what works and what doesn't with rehabilitating juveniles.

Coerced offender rehabilitation : a defensible practice?

The use of the criminal justice system to force offenders to receive psychological treatment is one of the most controversial aspects of service provision for offenders. Coerced treatment needs to be distinguished from pressured treatment, both having objective and subjective dimensions. In this paper some arguments for and against coerced offender rehabilitation are discussed. We suggest that coercing offenders into attending rehabilitation programmes (or placing legal pressure on them to attend) is unlikely by itself to lead to poorer outcomes. Rather, the individual's perception of coercion will be more influential in determining how an offender approaches treatment. Even when offenders perceive they are being coerced, it is likely that pre-treatment anti-therapeutic attitudes can change over the course of a programme, such that therapeutic gains (risk reduction) can occur. Coercion and its effects on treatment engagement and rehabilitation outcomes require further empirical research and conceptual analysis.

The construction of the racially different indigenous offender

The over‐representation and increased growth of Indigenous offenders in all Western criminal justice systems is longstanding and undeniable. In 2006 Victoria’s Koori offenders were 12 times more likely to be sentenced to a custodial or community sanction than non‐Koori people. Similarly, in New Zealand, Maori men account for 50 percent of the prison population but only 12.5 percent of the general population. Yet, it was not until the 1990s that the issues of Indigenous over‐representation or expanding Indigenous offender populations began to be presented as a problem within the correctional literature. This paper will explore the parameters of these ‘problems’, and present the following three arguments: (1) the issues of over‐representation was constructed within the correctional literature as a symptom of the different nature of Indigenous offending; (2) the different nature of Indigenous offending was in turn constructed as a problem of race; and (3) this construction of Indigenous offending is consistent with the contemporary constitution of mainstream offending behaviour. In concluding, this paper will discuss the implications of the emergence and sustained production of this figure of the Indigenous offender in relation to the capacity of criminologists to reconceptualise Indigenous offending.