8 resultados para Probation and parole

em Deakin Research Online - Australia


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In response to a report that universities focused more on research performance than teaching performance, the Australian government in 2003 introduced a number of policy initiatives including the Learning and Teaching Performance Fund. To establish their eligibility to bid for allocations from this fund, many universities introduced teacher training programs as an integral part of their probation and promotion practices for new academic staff.

As an 'Early Career Researcher' I am currently participating in such a program, in which I must familiarise myself with institutional policies on governance, compliance, and strategic direction, and develop a career plan to position myself to achieve my personal career goals while advancing the organisational and strategic goals of my institution.

This paper uses an institutional ethnographic analysis of my experience to explicate the processes by which an Early Career Researcher actively participates in developing new ways of knowing that construct how I think, talk and write about myself, my goals and my professional work. I argue that developing the required career plan involves producing a text based account that renders selected parts of my work and professional identity visible in terms that are ultimately determined by government policy on higher education.

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A growing number of jurisdictions in North America, the United Kingdom, and Australasia have enacted legislation allowing for special sentencing, civil commitment, and community supervision options for high risk sexual offenders. In New Zealand, one example of this concern for public protection is the Parole (Extended Supervision) Amendment Act 2004, which provides for additional supervision of sexual offenders with child victims for up to 10 years after their release from prison. Recent experience with expert evidence and judicial decision making in such cases suggests that those involved in the process might benefit from a more thorough understanding of the current state of sexual offender risk assessment that can be provided by mental health professionals.

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Research suggests that, in line with the chivalry hypothesis of female offending, a range of mitigatory factors such as mental health problems, substance abuse, and personal experiences of abuse are brought into play when women who offend against children are brought to trial. This is reflected in sentencing comments made by judges and in the sanctions imposed on the offenders, and as a result female offenders are treated differently to male offenders. The current study investigated this in an Australian context. Seven cases of female-perpetrated child sexual abuse were identified over a 6-year period through the Austlii database. Seven cases of male-perpetrated child sex abuse matched as far as possible to these were identified. Court transcripts were then located, and sentencing comments and sanctions imposed were analysed. All offenders were sentenced to imprisonment, but in general the women were more likely than the men to receive less jail time and lower non-parole periods because their personal backgrounds or situation at the time of the offending (i.e., difficulties with intimate relationship, male dependence issues, depression, loneliness and anger) were perceived as worthy of sympathy, and they were considered as likely to be rehabilitated. Further investigations are needed to support these findings.

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During the past decade, the Good Lives Model of Offender Rehabilitation (GLM) has gained considerable momentum and popularity as a rehabilitation framework for forensic populations. The GLM is primarily applied by the treatment sector, however very recently, it has been used to generate a structured strengths based approach to case management. The purpose of this paper is multi-layered. First, we present the theory of the GLM, explaining its conceptual underpinnings and in addition, present the results of recent GLM empirical research that found two pathways to offending: direct and indirect. Next, we describe how the GLM conceptual underpinnings, together with the empirical research findings, translate into a structured and meaningful case management approach for community corrections. The process for effective case management of offenders using the GLM is outlined and further, two GLM case management tools are presented and their purpose and application to offender rehabilitation is briefly set out. Finally, we describe the necessary support factors that are vital to the integrity, success and sustainability of this case management approach.

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Interventions with offenders have a normative layer as well as a scientific basis and therefore it is not possible to quarantine ethical questions from discussions of best practice. My aim in this paper is to provide an expanded ethical canvass from which to approach correctional practice with offenders. The cornerstone of this broader ethical perspective will be the concept of human dignity and its protection by human rights norms and theories. I also explore the relationship between responses to crime and offender rehabilitation based on an enriched theory of punishment that is sensitive to offenders’ moral equality and their attendant rights.

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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

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In 2010, two Australians, convicted in childhood of rape and murder, lodged a joint submission with the United Nations Human Rights Committee, claiming that successive changes to sentencing legislation in New South Wales breached their human rights by denying them any meaningful prospect of release. In this article, we examine the political, legislative and procedural moves that have resulted in Australian children being sentenced to life without parole or release. We argue that successive legislative changes in various Australian jurisdictions have resulted in a framework for sentencing decisions that is considerably out of step with international legal standards for criminal justice. These increasingly punitive legislative changes exacerbate Australia’s already declining record of cooperation with UN processes, and reveal Australia’s reluctance to respect the legitimacy and authority of international law. Against this troubling context, the views of the Human Rights Committee serve as a much-needed reminder about the importance of a principled approach to child sentencing that forecloses neither the goal of rehabilitation nor the prospect of release and reintegration.

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A NSW court last week dismissed Kevin Crump’s latest appeal against his natural life sentence. Crump, who has served nearly 42 years in prison for murder, has been formally denied any prospect of a meaningful life outside prison walls.

The decision provides a timely opportunity to reconsider the viability of terms of life without parole. It further entrenches the use of terms of life without parole in Australia despite moves overseas to restrict – and in some cases eradicate – them.