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.

Implications for Australian anaesthetists and proceduralists of a recent court decision regarding informed consent and patient positioning

 This article discusses the medicolegal implications of a recent judgment in relation to a patient who suffered significant morbidity as a result of patient positioning during an operative procedure. The patient developed an unexpected serious complication following surgery, in the context of a preoperative consent that did not cover every potential complication or contingency. The court held that the failure to warn of a particular risk that would have prevented the patient from undergoing a procedure but did not occur will not necessarily result in a finding of negligence in relation to another risk where the harm did occur. This finding is well aligned to current clinical practice and at the same time does not abrogate the practitioner's duty to provide a comprehensive list of possible complications during the consent process for any proceduralist. In the context of a procedure requiring anaesthesia, the importance of communication and understanding between the anaesthetist and proceduralist as to which aspects of the consent process are undertaken by whom, and to ensure the process is done comprehensively, is of great importance and is indirectly highlighted by this recent judgment.

Improving the outcomes of the South Australian mental health court: an examination of the predictors of success

 This thesis investigated the role that mental health problem-solving courts play within the Australian criminal justice system. It demonstrated that these courts can be an effective solution in the delivery of effective justice responses to vulnerable offenders, if administered in a manner that focuses on risk rather than clinical variables.

Expropriation of "old order" mineral rights in South Africa: the Constitutional Court has its say (twice)

The Mineral and Petroleum Resources Development Act 28 of 2002 (ZA) (MPRDA) makes provision for the conversion of so-called “old order” rights to prospecting and mining rights. The consequences of the failure of holders of old order rights to apply for (a) Conversion or (b) new rights under different circumstances were decided by the South African Constitutional Court in two decisions during 2013. These cases are discussed against the background of the nature, content and termination of old order rights. It is also discussed whether such rights were expropriated by the MPRDA and, if so, whether compensation is payable by the state.

The High Court considers the meaning of “reasonable endeavours”: Electricity Generation Corp v Woodside Energy Ltd

The High Court in Electricity Generation Corp v Woodside Energy Ltd [2014] HCA 7 considered the contractual obligation to use reasonable endeavours. The court decided by a majority of four to one that various sellers of natural gas had complied with their obligation to use reasonable endeavours to supply gas to an electricity generator, despite not actually supplying the gas when the sellers had capacity to do so. The majority judgment provides some useful observations about the use of reasonable endeavours obligations and underscores the court's objective approach to construing commercial contracts.

Mental health diversion courts: a two year recidivism study of a South Australian mental health court program.

The need to develop specialized judicial processes to deal with offenders with mental illnesses is now widely recognized and has led to the introduction of mental health court diversion programs around the world. At present, however, there is only limited evidence from which to assess the impact of these initiatives. This paper describes the South Australian model of diversion, with specific reference to the relationship between identified participant characteristics, program compliance rates, and re-offending outcomes. The results of a two-year recidivism study suggest that involvement with the program has a positive impact on recidivism, but that this is independent from the individual's level of success in the program. Lower risk offenders were more likely to achieve successful outcomes than those in the higher risk categories. The implications of these results, as well the factors that might inform the ongoing development of mental health court programs, are discussed.

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 ...

The High Court on crime in 2014: Outcomes and jurisprudence

This article examines the Australian High Court decisions in 2014 which relate to criminal matters. This systematic analysis of all High Court judgments commenced in this Journal in 2010 and is now undertaken annually. The article explains the principles that derive from these cases and identifies jurisprudential themes from the decisions. It also sets outthe significance of the cases and the possible wider consequences of the decisions.

An investigation of the developmental assumptions underlying age-based legal criteria in the Children’s Court.

This thesis investigated developmental trends in the psychological abilities presumed to underpin the doli incapax presumption in Victoria, Australia. Findings from this study questioned the utility of the doli incapax presumption as it currently stands, and highlighted the need for a purpose-built interview protocol when assessing young people's culpability.

Uses of the sampur in the halus (Refined) style of Yogyakarta court dance

In this essay I discuss how a familiar costume element in Javanese court dance, a long piece of patterned cloth known as the sampur, functions poetically through the ways it is used by the dancer. I elaborate on eight categories of use of the sampur, primarily from the point of view of a Western dancer first encountering the techniques of working with the scarf. I draw on scholars and other commentators to discuss the many dimensions of meaning embodied by these uses. The sampur emerges as a dance element rich in virtuosic potential and nuance, and resonant with numerous dimensions of cultural values.