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.

Double jeopardy in Australia: the illusion of an absolute protection and the prosecution process as punishment

Outline of the nature and scope of the double jeopardy principle as it operates in the pleas in the bar and the court's discretion to prevent an abuse of the process - rationales advanced in favour of doctrine - some anomalies and implications from the claim that the double jeopardy principle is absolute - some suggestions for reform.

Policy, preparation, prevention and punishment: one faculty's holistic approach to minimising plagiarism

Most Australian universities have made attempts of various kinds to address plagiarism. Some have responded in recent times with a primary focus on catching and punishing plagiarists, often assisted by computer software packages. Others have taken a more holistic approach incorporating foci on policy, assessment regime and student preparation and education as well as on ensuring appropriate consequences for plagiarists. This paper outlines one example of the latter approach in one Australian university faculty and details the outcomes in terms of policy recommendations and resources to support the approach. The necessity of evidence-based evaluation of attempts to reduce plagiarism in higher education is argued.

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.

Dead man walking : an empirical reassessment of the deterrent effect of capital punishment using the bounds testing approach to cointegration

This paper empirically estimates a murder supply equation for the United States from 1965 to 2001 within a cointegration and error correction framework. Our findings suggest that any support for the deterrence hypothesis is sensitive to the inclusion of variables for the effects of guns and other crimes. In the long run we find that real income and the conditional probability of receiving the death sentence are the main factors explaining variations in the homicide rate. In the short run the aggravated assault rate and robbery rate are the most important determinants of the homicide rate.

Disordered eating and drinking behaviours : the role of sensitivity to reward and punishment

Examines whether the personality traits of sensitivity to reward and punishment as defined by Jeffrey Gray contributed to the prediction of disordered eating and hazardous alcohol use. Studies were conducted in both subclinical and clinical populations. Heightened sensitivity to reward contributed to the prediction of hazardous alcohol use and heightened sensitivity to punishment contributed to the prediction of disordered eating in women. Women with comorbid bulimia and alcohol dependence were more behaviourally sensitive to reward than normal controls.

Dignity, virtue and punishment : the ethical justification of disciplinary segregation in prisoners

In this paper I reflect on Bersot and Arrigo’s argument that virtue ethics provides a sound ethical theory to guide judicial decisions concerning the legitimacy of subjecting mentality disordered offenders to long-term disciplinary solitary confinement. I expand on three issues evident in the Bersot and Arrigo paper: (1) the nature and justification of punishment; (2) the concept of dignity and its relevance to mentally disordered offenders placed in disciplinary solitary confinement, and (3) the nature and scope of virtue theory in the criminal justice context.

Punishment or therapy? The ethics of sexual offending treatment

The claim that sex offender treatment is a form of punishment and as such cannot be covered by traditional ethical codes is a controversial one. It challenges the ethical basis of current practice and compels clinicians to rethink the work they do with sex offenders. In this paper I comment on Bill Glaser's defence of that idea in a challenging and timely paper and David Prescott and Jill Leveson's rejection of his claims. First, I consider briefly the nature of both punishment and treatment and outline Glaser's argument and Prescott and Levenson's rejoinder. I then investigate what a comprehensive argument for either position should look like and finish with a few comments on each paper.

Is offender rehabilitation a form of punishment?

This paper examines the consequences of the overlap between punishment and rehabilitation practices, and inquires into the implications for individuals who assess and treat offenders. More specifically, I make three claims concerning the relationship between offender rehabilitation and punishment. First, rehabilitation as it is commonly understood in the offending arena contains some components that meet the criteria for punishment, in the ethical sense of that term. It is also true that there are aspects of rehabilitation that are focused directly on assisting offenders to live better lives (higher levels of well-being) and therefore which do not meet the criteria for punishment. Second, there are a number of significant practice implications that follow from the hybrid nature of offender rehabilitation. Third, Duff's communicative theory of punishment (Duff, 2001) offers clinicians a stronger justification for the punishment aspects of rehabilitation than its retributive and consequential rivals.

The ethics of punishment : correctional practice implications

Correctional practitioners work within a context that is heavily influenced and constrained by punishment policies and practices. The overlap between the normative frameworks of punishment and offender rehabilitation creates a unique set of ethical challenges for program developers and therapists. In this paper we set out to briefly outline three major punishment theories and draw out their implications for correctional practitioners. First, we discuss the nature of punishment and the problems it poses for practitioners and all citizens in liberal democracies. Second, consequential, retributive, and communicative justifications of punishment are succinctly described and their clinical implications analyzed and some limitations noted. Finally we conclude with some suggestions for ethical practice in correctional settings.