Policing services with mentally ill people : developing greater understanding and best practice

Although it is now well known that there is a disproportionate number of people with mental illnesses in the criminal justice system, surprising little attention has been paid to the challenges faced by policing people with mental illnesses in the community. This article provides an overview of some of the key findings from a programme of research undertaken in Victoria to further understand and develop a best practice model at this interface. The areas covered will include the prevalence of psychiatric symptoms and mental illnesses among police cell detainees; the existing knowledge base and attitudes of police towards mentally ill people; the relationship between mental illness and offending; the frequency and nature of police apprehensions of mentally ill people under the Mental Health Act; the association among mental disorder, police shootings, and other injuries to people as a result of these encounters; and police interactions with victims of crime. The work highlights the need for ongoing improvements in policing people with mental illnesses, and particularly the need for improved inter-agency practices for dealing with them.

Running a Cartel? Go directly to jail

Operators of cartels now face not only big fines, but also time in jail. And new laws criminalising cartels leave no room to move.

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.

Identification of mental illness in police cells: a comparison of police processes, the brief jail mental health screen and the jail screening assessment tool

The study investigated current police practices employed to identify those with a mental illness in police custody, and to evaluate the predictive utility of the Brief Jail Mental Health Screen (BJMHS) and the Jail Screening Assessment Tool (JSAT). One hundred and fifty detainees were recruited from two police stations in Melbourne, Australia. Measures included the Structured Clinical Interview for DSM-IV-TR, BJMHS and JSAT. Axis-I disorders were compared with police decisions regarding identification of mental illness based on their usual practices. Participants were classified as requiring referral for further mental health evaluation according to the screening tools. Results indicated that current police practices produced high false negatives, with many of those experiencing mental illness not identified. There was no significant difference in performance between BJMHS (AUC =0.722) and JSAT (AUC =0.779) in identifying those with a serious mental illness (p=0.109). However, JSAT performed significantly better at identifying any Axis-I disorder, excluding substance use disorders, as compared with BJMHS (AUC =0.815, vs AUC =0.729; p=0.018). Given the high prevalence of mental illness among detainees, there is a pressing need to introduce standardised screening tools for mental illness in police custody. This can assist the police in managing detainees appropriately and securing mental health services as required.

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 desirability of criminal penalties for breaches of part IV of the trade practices act

Following the introduction of criminal sanction, including jail terms, for hard core cartelisation in the United Kingdom, the Dawson Review has recently recommended that criminal penalties be introduced in Australia for individuals and corporations found to have engaged in hard core cartels. A number of reasons have been advanced to justify the introduction of criminal sanctions for this type of conduct, the most common of which are that it would bring Australia in line with other competition regimes and that criminal sanctions are more likely to provide an effective deterrent. This article evaluates those reasons, and others, to determine whether there is any adequate justification for the proposed criminal regime.

The role of loneliness in prison suicide prevention and management

Suicide in prisons has been seen as a public health concern reaching crisis proportions around the world. In this study, data from 60 inmates in a South Australian remand facility were used to examine the relationship between loneliness and known predictors of self-harm, such as depression and hopelessness. As predicted, the results suggested that prisoners who scored higher on a measure of loneliness reported higher levels of depression, hopelessness and indicators of suicidal behaviour. The implications of these findings for suicide management are discussed. It is concluded that whilst specialist mental health services are needed to treat problems such as depression, loneliness is something that may be managed by correctional staff with no professional experience or training.

Sentencing of male and female child sex offenders : Australian study

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.

Representation and judgement : 'privileged' Jews in Holocaust writing and film

This thesis analyses the ways in which moral judgements of so-called privileged Jews are constructed in Holocaust representations. ‘Privileged’ Jews include those prisoners in the camps and ghettos who held positions which gave them access to material and other benefits. Subject to extreme levels of coercion, these victims were compelled to act in ways that have often been judged as both self-serving and harmful to fellow inmates. Such controversial figures constitute an intrinsically important, frequently misunderstood and hastily judged facet of the Holocaust. Scholars have neglected the problem of judgement in relation to ‘privileged’ Jews; nonetheless, Holocaust texts frequently portray these liminal figures.

Of crucial importance to the thesis is Primo Levi’s paradigmatic essay entitled ‘The Grey Zone,’ which directly engages with the complex and sensitive issue of ‘privileged’ Jews. Levi argues that due to the extreme ethical dilemmas that ‘privileged’ Jews confronted, any judgement of these victims needs to be suspended. However, if, as Levi suggests, judgement is at times impossible, the thesis challenges Levi’s assumption by contending that representations of ‘privileged’ Jews inevitably take a moral position. In this way, the thesis conceptualises judgement as a ‘limit’ of representation. Indeed, it is shown that Levi himself cannot abstain from judging those for whom he argues judgement should be suspended.

The thesis takes Levi’s concept of the ‘grey zone’ as a point of departure in order to examine the problems of judgement and representation in relation to ‘privileged’ Jews. Analysis focuses on Raul Hilberg’s influential historical work and examples of documentary and fiction films. The thesis examines how Hilberg and several filmmakers employ conventions as a means of conveying judgement. It is argued that self-reflexive representations of ‘privileged’ Jews in film, particularly fictional dramatisation, have the potential to provide a nuanced representation of ‘privileged’ Jews, which engages with Levi’s ideas by questioning the possibility of judgement.

Beyond ‘good’ and ‘evil’: breaking down binary oppositions in holocaust representations of ‘privileged’ Jews

In 1986, Auschwitz survivor Primo Levi’s paradigmatic essay entitled ‘The Grey Zone’ highlighted the complex and sensitive issue of so-called ‘privileged’ Jews, an issue that remains at the margins of popular and academic discourse on the Holocaust. ‘Privileged’ Jews include those prisoners in the Nazi concentration camps and ghettos who held positions that gave them access to material and other benefits whilst compelling them to act in ways that have been judged both self-serving and harmful to fellow inmates. The unprecedented ethical dilemmas that confronted ‘privileged’ Jews may be viewed as exemplifying the ‘limit’ events or experiences that were characteristic of the Holocaust, situating them at the threshold of representation, understanding and judgement. Levi’s essay singles out history and film as particularly predisposed to a simplifying trend he identifies – the ‘Manichean tendency which shuns half-tints and complexities,’ and resorts to the black-and-white binary opposition(s) of ‘friend’ and ‘enemy,’‘good’ and ‘evil.’ In the case of ‘privileged’ Jews in particular, such binary oppositions would appear to be inadequate. Adopting an interdisciplinary approach that incorporates the fields of history, philosophy and literature, this paper analyses representations of ‘privileged’ Jews, particularly those prisoners of the Sonderkommandos who were forced to work in the crematoria. The paper demonstrates how easily the boundary Levi maps out for moral judgement can be crossed. It is shown that while Levi suggests judgement should be suspended when confronted with the experiences of victims in extremis, moral evaluations of ‘privileged’ Jews permeate discussions and representations of the Holocaust. When confronted with such emotionally and morally freighted issues, judgement may itself be seen as a ‘limit of representation.’

Confronting 'choiceless choices' in Holocaust videotestimonies : judgement, 'privileged' Jews, and the role of the interviewer

'Privileged' Jews include those prisoners in the camps and ghettos who held positions which gave them access to material and other benefits. Subject to extreme levels of coercion, these victims were compelled to act in ways that have been judged as both self-serving and harmful to fellow inmates. Such situations, which exemplify what influential theorist Lawrence Langer terms 'choiceless choices', are the chief concern of Primo Levi's paradigmatic essay on the 'grey zone'. In light of these key conceptualizations of the ethical dilemmas of Holocaust victims, the paper analyses the representation of 'privileged' Jews in several videotestimonies recorded at the Jewish Holocaust Museum and Research Centre (JHMRC) in Melbourne, Australia. It will be shown that judgements of victims in extremis cause considerable problems for attempts to testify to the complex situations and experiences of 'privileged' Jews. The role of the interviewer is a crucial factor in this, particularly when interviewers are themselves Holocaust survivors. The paper reveals that while it might be argued that moral evaluations of 'privileged' Jews should be suspended, judgements are often imposed on Holocaust testimonies in various ways and have a significant impact on their content.

Trauma and holocaust video testimony : the intersection of history, memory, and judgment in the interview process

This article analyzes video testimonies recorded at the Jewish Holocaust Museum and Research Centre in Melbourne,Australia, which address the highly complex and sensitive issue of “privileged” Jews. The so-called privileged Jews include prisoners in the Nazi-operated camps and ghettos who held positions that gave them access to material and other benefits, while compelling them to act in ways that have been judged detrimental to fellow inmates. Although the issue of “privileged” Jews has been largely neglected, it relates to a crucial facet of the Holocaust and has vast implications for its aftermath. The ethical dilemmas facing these victims may be closely linked to what Lawrence Langer has termed choiceless choices, which challenge conventional notions of “judgment” and “responsibility.” This problem is also the primary subject of Auschwitz survivor Primo Levi’s essay titled “The Grey Zone,” which is arguably the most influential essay ever written on the Holocaust. Levi argues that one should abstain from judging individuals who confronted such extreme circumstances, positioning prisoners with “privileged” positions at the threshold of representation and understanding. However, moral evaluations of “privileged” Jews have a strong impact on Holocaust testimonies, whether these were constructed during the war or recorded long after the survivors’ experiences. The examples of video testimonies explored in this article reveal that this is particularly the case when interviewees are former “privileged” Jews and interviewers are themselves Holocaust survivors. The article argues that when confronted with such an emotionally and morally fraught issue, judgment may itself be seen as a “limit of representation.”

Some empirical evidence on offender time discount rates

The conventional wisdom is that offenders have very high discount rates not only with respect to income and fines but also with respect to time incarcerated. These rates are difficult to measure objectively and the usual approach is to ask subjects hypothetical questions and infer time preference from their answers. In this article, we propose estimating rates at which offenders discount time incarcerated by specifying their equilibrium plea, defined as the discount rate, which equates the time and expected time spent in jail following a guilty plea and a trial. Offenders are assumed to exhibit positive time preference and discount time spent in jail at a constant rate. Our choice of sample is interesting because the offenders are not on bail, punishment is not delayed and the offences are planned therefore conforming to Becker’s model of the decision to commit a crime. Contrary to the discussion in the literature, we do not find evidence of consistently high time discount rates, and therefore cannot unequivocally infer that the prison experience always results in low levels of specific deterrence.

Prison rape : is it okay to make jokes about rape in prison?

The trivialisation of sexual violence through what passes as humour is much less common than it once was. Jokes about rape are not innocent, are not harmless fun, are not unconnected to the horrible crime they make light of. Their gradual marginalisation represents social change of real importance. But there is one last refuge of the rape joke in mainstream popular culture, and its continued presence reflects a shameful blind spot in our society. It is a joke which conceals a horrible and damaging reality which is somehow both a taboo topic and a truth universally acknowledged.

A picture that circulated widely on Facebook and other social media last year captures the horror in the humour. It is a picture of a man’s back, decorated with a huge image of an alluring, naked woman, with the man’s buttocks marked to look like breasts. The caption: This man had what he thought was the best tattoo in the world . . . until he went to prison. How can a gag about a man being anally raped while in prison be widely popular, seen as funny, a giggle to share? Were the prospective victim a child or a woman, or were the rape in almost any other setting, the reaction would surely be revulsion and anger. Jail rape, though, somehow remains funny.