Jail up; crime down does not justify Australia becoming an incarceration nation

The imprisonment rate in Australia is at unprecedented high levels, both interms of actual prisoner numbers and the rate at which it is increasing. Forthe first time in recorded history the incarceration rate in Australia has morethan doubled in less than 25 years. Prison is the harshest form ofpunishment in our system of justice and imposes considerable hardship onoffenders. It also comes at a considerable financial cost to the community.Accordingly, the surge in prisoner numbers is a significant macro social,economic and legal development. The increase did not occur pursuant to anoverarching strategic plan and is an area that is under-researched. Theprison population increase has arisen as a result of a ‘tough on crime’approach that continues without any sign of abatement. The use ofimprisonment should only be increased if there is a demonstrable benefit tothe community. This article examines whether there is a sound rationalebehind the rising trend in prison numbers. The increasing incarceration ratehas coincided with a significant reduction in the crime rate. A causalconnection between the two events (increased prisoner numbers andreduced crime) could constitute a powerful argument in favour of the surgein prison numbers. However, an examination of the empirical data inAustralia fails to demonstrate even a tenable link between these events. Wealso conclude that at the theoretical level there is no rationale for theincreased use of imprisonment. If the imprisonment rate continues to rise,there is a risk of a prison and financial crisis similar to that currently beingexperienced in the United States, which has resulted in an extremecounter-reaction in the form of a retrospective reduction of some prison terms.

The influence of incarceration length and protection status on perceptions of prison social climate

Using a 2 (incarceration length) × 2 (custody type) between-groups design, the present study assessed whether inmates’ perceptions of the prison social climate were influenced by their security classification and length of time they had been incarcerated. Analyses of data collected from 76 male prisoners who completed a 15-item measure of prison social climate revealed an interaction effect between length of incarceration and protective prisoner status. Those housed in protectivecustody who had been incarcerated for longer than 6 months rated the social climate significantly more positively than both protective custody prisoners incarcerated for less than 6 months and those not in protective custody. This interaction was strongest on those social climate dimensions relating to therapeutic hold and social cohesion. A univariate effect was also observed whereby protective custody prisoners, irrespective of incarceration length, reported that they experienced the environment as less safe than their mainstream (non-protective custody) counterparts.

Skilling’s martyrdom: The case for criminalization without incarceration

This paper restricts itself to crimes involving corporate fiduciaries taking bad decisions at the expense of shareholders (corporate governance offenses). The arguments do not apply to fraud as moral wrongfulness exists in that case. To the extent that the actions covered by this paper are blameworthy, I argue that this determination must be disentangled from punishment. Disentanglement of blame from deserts suggests a via-media between criminalization and decriminalization - criminalization without incarceration. Accordingly, the legal process stops at the determination of guilt. The paper advances the criminalization debate because it does not get bogged down in the irreconcilable quarrel about whether corporate governance misbehavior ought to be criminalized for deterrence, retribution, or rehabilitation reasons, and whether it achieves any of these purposes. For these offenses, I argue that whichever theoretical justification underpins the decision to criminalize, imprisonment must not follow conviction. The conviction, despite the lack of incarceration, and the consequential sanctions likely to be imposed on the wrongdoer are sufficient to satisfy the three main justifications for criminalization. In appropriate cases, disgorgement of the offender’s gains will aid in the achievement of these objectives. The model proposed by this paper would yield significant savings by reducing prison costs. It would also allow the state to take advantage of the disproportionate cost/burden of conviction on corporate governance offenders. Owing to the offenders’ high earning potential, deterrence can be achieved at lower cost by conviction alone because the cost of incarceration does not have to be borne by the state whereas the destruction of capacity to generate similar (or indeed, any) income has to be suffered by the offender even without going to jail. If the cost of incarceration is the same for offenders with different earning capacities, imprisoning those with very high earning capacities is a waste of social capital if the objectives sought to be achieved by incarceration can be achieved through other means. Further, the cost of a conviction can be predicted with sufficient certainty in the case of white-collar criminals by looking at their earnings history, and in many cases this can be a significant sum. Unlike the common criminal who may not have a similarly predictable earning capacity and therefore suffer the same extent of monetary loss from a conviction, this loss ought to serve the deterrence function without the need for the state to spend money imprisoning the offender. In addition to loss of earning capacity, clawing back ill-gotten gains significantly adds to disutility. The paper is set out as follows: Part II briefly outlines the scope of the wrongs tackled as stemming from the principal-agent relationship in corporate law, and the inability of the law to overcome effectively problems resulting from the collectivization of the principal in that relationship. In Part III, I argue that conviction without imprisonment is a second-best alternative to decriminalization in cases where the conduct is blameworthy, and results in non-consensual harm. Part IV demonstrates the disutility caused by conviction alone to show that the objectives of criminalization can be satisfied without the need for imprisonment. Part V asserts that consequential sanctions like shaming add to the disutility of conviction. Part VI ties the thesis to Skilling’s conviction for bad business judgment devoid of moral wrongfulness to illustrate the problems with conflating blame and punishment. Part VII concludes.

A development of environmental conscious design of prison buildings

Environmental conscious design refers to variety of approaches in architecture design that covers technical, behavioural, and functional aspects (Goulding et al, 1992). These approaches usually include contradictory measures with social indicators (Sykes, 1995; Norton, 1999). The contradiction is magnified in incarceration architecture, which is very specific type of buildings (McConville, 2000). Prison buildings represent the split between the society requirements and the needs for the users, in this case the prisoners, to have comfortable environment. Energy as an ultimate natural resource reflects both the cost to the society, in terms of cooling/ heating load and the need for comfort and rehabilitation of prisoners (Al-Hosany and Elkadi, 2000). Different energy codes tend to control the thermal behaviour of buildings in certain environment in order to maximise their energy efficiency (e.g. CIBSE, 1999). In prison buildings, some of the main variables of such code are not relevant. While energy codes, for example, regulate the use of glass in buildings by either minimise the openings size (prescriptive criteria) or by determine an overall limit of heat transfer (performance criteria), the objective in prison buildings is to minimise glass areas for security purposes. This leads in turn to reduction in visual and comfort levels in prison cells. The aim of this paper is to address the balance between the society requirements of reducing energy consumption in prison buildings and the need for humane and comfortable environment for prisoners in order to maintain sustainability. The paper investigates the possible role of façade technologies to bridge the gap between requirements of both society and prisoners.

Immigration detention in Australia

This thesis explains why immigration detention persists as part of Australia's immigration policy. It argues that this form of incarceration has a long history in Australia, and that it fulfils specific social and political functions. The thesis also demonstrates that immigration detention is punitive and therefore breaches Australia's constitution.

Separate and invisible : a carceral history of Australian islands

This article examines the history of four islands used for incarceration in Australia: the ‘secondary punishment’ of convicts on Norfolk Island; the management and quarantine of indigenous people on Palm Island; the quarantine of all new migrants and visitors on Bruny Island; and the incarceration of enemy aliens on Rottnest Island. Incarceration has been used throughout Australia’s history as a method of social and political control, targeting categories of people perceived to pose a threat to the racial composition, social cohesion, or national security of the Australian community. By providing a space both separate and invisible to the community, Australia’s carceral islands served as a solution to a recurring problem for a young nation apprehensive about the composition, durability and security of its community. The human consequences of incarceration could be devastating.

“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

Mohamed Merah: From petty criminal to neojihadist

The 2012 killing of three French soldiers and four Jewish civilians by a 23-year-old petty criminal turned neojihadist simultaneously manifested some of contemporary French society's worst fears, namely the radicalisation of its youth and home-grown terrorism. The attacks were the final step in Mohamed Merah's radicalisation, a process influenced during his family, accelerated during his time in prison and nurtured by divides within French society. This article aims to shed light on his radicalisation by examining the social and familial milieux he grew up in and the impact incarceration had on his identity and beliefs. More broadly, this article will demonstrate how in a country where the ultra-Right's hijacking of the Republican notion of secularity or laïcité is leading to an increasingly divided society, neojihadism is providing some Muslim youth with an alternative source of identity.

Applying the theory of resource curse to disadvantaged migrant communities and criminal offending: Vietnamese Australians and the heroin trade as a case study

Australia has a substantial Vietnamese community, a consequence of the refugee exodus from Southeast Asia which followed the Communist victory in Vietnam in 1975. While Vietnamese Australians have contributed greatly to their host society, they are also stigmatised because of an association with the trade in illicit drugs, particularly heroin. Drug-related offending remains very high in Vietnamese Australian communities, with resultant high rates of incarceration and social exclusion. In its formative years the Vietnamese Australian community was faced with exclusion from economic and social opportunity, but was uniquely well-positioned as an ethnic enclave economy to take advantage of the growing demand for illicit drugs, especially heroin. I argue that the heroin trade had an effect analogous to ‘resource curse’, and has been a major source of continuing disadvantage and social harm to the Vietnamese Australian community.

Intimate partner violence in prisoners: toward effective assessment and intervention

This paper reviews the significant challenges that are involved in the development of services for perpetrators of intimate partner violence who are in prison. It is suggested that difficulties in accurately identifying intimate partner violence, reliably assessing risk of re-offense, and in identifying offending behavior programs that meet the specific needs of prisoners have limited the development of services in this area. As a result it is argued that unique and complex victim related issues that arise during incarceration and post-release are not adequately recognized in current correctional assessment and case management systems. Four avenues for future research and service development in this area are identified, with a view to developing the role that correctional services have to play in preventing intimate partner violence.

Education for productive futures: a white woman learning from Aboriginal voices

High incarceration rates of Aboriginal Western Australians leads to between 1800 and 2000 Aboriginal prisoners at any one time. Despite this little is written or noted in Australian peer reviewed academic literature about education provision to Aboriginal prisoners. "Closing the Gap: learning from and privileging Aboriginal voices to learn what helps and hinders educationin WA prisons" is a PhD project nearing submission. It has been conducted in partnership with the Deaths in Custody Watch Committee as we ll as with the support of a local community legalservice. The findings are relevant beyond a prison context.This paper specifically focuses on how understandings of the concept of productivity can differ. Itconsiders what might or might not be helpful in achieving productive educational and trainingoutcomes in Western Australian prisons for Indigenous individuals, families and communities. Itrelies heavily on the words of the author's teachers; the Aboriginal participants in the project alongside Indigenous authors and academics. The paper concludes by considering implications for developing and evaluating training programs in more flexible ways that respect diversity.

Applying a we al-li educaring framework to address histories of violence with Aboriginal women

An Aboriginal woman living in a remote area is 45 times more likely to experience domestic violence than their white peers. (Gordon et al, 2002) The nature of that violence is multi-layered, complex and incorporates a history of intergenerational loss, grief, trauma and the impact of colonisation, as discussed by Atkinson, C (2008). It involves women, children, families, communities. It is a story about people, many of whom find themselves in trouble with the legal system. Of the 25 male parents who killed their children in a domestic violence context five identified as Aboriginal (20%) (NSW Domestic Violence Death Review Team Annual Report, 2015, p.17). The percentage of women in Victorian prisons who have been victims of sexual, physical or emotional abuse has been reported to be 87% (Johnson, 2004). This figure is supported by the latest Ombudsman’s report on Victorian Prisons (2015).None of the 17 females who killed their children identified as Aboriginal or Torres Strait Islander (NSW Domestic Violence Death Review Team Annual Report 2015, p.18). The most common charge/offence for both Aboriginal men and women is an act intended to cause injury (see Figure 2).The stories of women in this program and anecdotal evidence from people working in the field reveals that most of this violence is lateral, ie within families and communities which is not an uncommon occurrence where there is a history of colonisation.

Tightening eligibility for bail for persons on supervision orders in Victoria: repairing a broken system?

Victoria Nourse has observed that political debates about crime legislation are predictable and invariably one-sided because ‘no-one is “for” crime.’1 This certainly appears to be the case with regard to recent proposed changes to the Bail Act 1977 (‘the Act’) by the government of Victoria. The reforms were triggered by the case of Sean Price, an offender with a history of mental disorder, serious offending and lengthy incarceration who was on bail and subject to a supervision order when he murdered Masa Vukotic, raped another woman and assaulted a third person in March 2015. The Premier of Victoria, Daniel Andrews, stated that a bail system that allowed Price to be free and unmonitored was failing the community and pledged to repair ‘a system that is broken.’

Saving the United States from lurching to another sentencing crisis: taking proportionality seriously and implementing fair fixed penalties

We make recommendations regarding how the United States cansignificantly lower its incarceration rate, while at the same time ensuring that community safety is not diminished. Moreover, we identify and recommend a consolidation and extension of the positive aspects of the current sentencing regime.

Dynamic risk and sexual offending: the conundrum of assessment

The potential to reduce sexual victimisation, promote community safety, and decrease incarceration costs has resulted in considerable progress in terms of how we understand and predict sexual recidivism. And yet, the past decade has seen a degree of fragmentation emerge as research attention has shifted away from relative risk prediction (with its focus on static risk factors) to the identification of factors capable of reducing risk through intervention (i.e. dynamic risk). Although static and dynamic risk are often treated as orthogonal constructs [Beech, A. R., & Craig, L. A. (2012). The current status of static and dynamic factors in sexual offender risk assessment. Journal of Aggression, Conflict and Peace Research, 4(4), 169–185. doi:10.1108/17596591211270671], there are arguments to support a claim that the two are in fact functionally related [see Ward, T. (2015). Dynamic risk factors: Scientific kinds or predictive constructs. Psychology, Crime & Law (in this issue); Ward, T., & Beech, A. R. (2015). Dynamic risk factors: A theoretical dead-end? Psychology, Crime & Law, 21(2), 100–113. doi:10.1080/1068316X.2014.917854]. This discussion clearly affects how we assess dynamic risk. This review considered several commonly used methods of assessment and the evidence offered for their predictive accuracy. Of note were differences in the predictive accuracy of single psychometric measures versus composite scores of dynamic risk domains and the conventions used for establishing effect sizes for risk assessment tools.