Imprisonment In Australian Prisons

The history of prison can go back to ancient times; it can be traced to the time

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

Jails and prisons lay at the heart of the Criminal Justice System. These facilities helped forge the concept of rehabilitation. These institutions have changed over time and now reflect the modern methods of housing convicted individuals who need to be reformed or punished.

The rate of imprisonment of Aboriginal and Torres Strait Islander Australians has dramatically increased since 1992. Statistics went from “1 in 7 prisoners in 1992 to 1 in 4 in 2012 and to almost 1 in 3 in 2014.” There have been an abundance of proposals, plans and programs established, some of which have failed and some which are still in development, to try decrease the high numbers. The high incarceration rate of Indigenous people in Australia is considered to be a global issue that must be addressed.

Did you know Australia use to be a big prison? Australia is the 6th largest continent. Australia is the only continent covered by a single country. In Australia there are more kangaroo’s than people. A person in Australia hasn’t died from a spider bite since 1987. The top ten deadliest snakes live in Australia. There are over 200 different languages which are spoken in Australia. This includes 45 languages, as well non-English languages like Greek, Italian, Cantonese, Vietnamese, Mandarin, and Arabic. A desert area known as the outback covers much of the land.

For example there have been amendments in under provision of crimes amendment act 1982 in New South Wales and section 8 of the crimes amendment act 1986 in Victoria to enable judges to impose less severe sentencing. Also in Victoria and South Australia life sentencing prisoners can apply for minimum set terms in court. Of course it relies on their good behaviour, but punishment does not help in changing their criminal attitude or behaviour. Though abolition of prison is not something can be achieved overnight, of course it is a very long term goal. We have example of Sydney siege, the worst offenders should be behind the bars to protect society. An article by Carol Lawson outlines the strategies for reducing recidivism by focusing on reforming prisons conditions and to turn them into more rehabilitative place, encourage prisoners’ transition to society that is to support ‘throughcare programs’ and to divert offenders from prisons to alternative punishment. Self- report also helps to measure the level of stress and discomfort of prisoners in

Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means

In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.

“Lock them up and throw away the key” – that is usually the headline when in regards to offenders going to prison. However, billions of dollars are going into maintaining prisons, yet the rate of recidivism is around 44% (Pearsons, 2011), so it is clear that prisons are no longer effective. The main argument of this paper is that because prisons are inefficient, they should be abolished so other forms of punishment can be found and acted upon. Firstly, this paper will discuss the function of prisons in regards to penal abolition. Also, it will identify what penal abolition is and explain three alternatives to prison – housing alternatives, restorative models, and

REFERENCESAustralian Law Reform Commission (1980), Sentencing of Federal Offenders, Discussion Paper No. 15Law Reform Commission NSW (2001), Discussion Paper 33(1996)-Sentencing, (Chapter 7. Parole), Lawlink New South Wales, Online. Available. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP33CHP7 3.4.2006No Author (2006), Sensible Sentencing NZ Justice: Why Parole?, Safe NZ, Online. Available. http://www.safe-nz.org.nz/paole.htm 3.4.2006Travis, L.F. (1995). Introduction to criminal justice (pp307

The second supporting argument that Parliament imposes the judiciary to place too much emphasis on incarceration is characterized by the reduction of credit for pre-sentence custody credit. Fortunately, this was amended in 2014. The Truth in Sentencing Act, one of the government’s early “tough on crime” laws was passed in 2009, but became operative on Feb. 22, 2010. This Act contributed to the changes regarding the credit offenders received for pre-sentence detention or “dead-time,” that does not count towards any parole or early release eligibility. This curbed judge’s ability to give a break on sentencing when a convicted offender has spent lengthy time in pre-trial jail custody. This discount in sentencing had evolved to recognize that

The increase in violent rapes and murders being committed by paroled prisoners in Victoria, such as those committed by Adrian Bailey in 2012, and Sean Price in 2015, have led to the tightening of parole laws, removal of suspended sentences, and introduction of new mandatory sentencing laws. However, while these laws can be an effective way of reducing crime, reducing reoffending by 17-20 percent (Helland and Tabarrok, 2007), they also are a departure from the doctrine of the separation of powers (Solonec, 2015). The purpose of this essay will be to assess how detrimental the removal of objective sentencing will be to society, through the implementation of policies such as mandatory sentencing, stricter parole laws, and the removal of

A factor that the public don’t take into consideration when judging the justice system is budget and staffing levels. The different arms, although part of the criminal justice system, work independently to serve the community but can be affected by budgeting, staffing levels and space restrictions, in turn affecting public perception. In 2007-2008 approximately 70% (majority of this being salaries) of the justice system expenditure was spent on the police force showing that the majority of the budget is being spent on the investigative arm (Australian Institute of Criminology, 2009). The corrective services sector made up 24% and the criminal courts administration took up a tiny 6% of the budget. There has been a dramatic increase in prisoners which shows that police are apprehending criminals and Judges are providing suitable sentences but prisons are chronically overcrowded (Martin, 2010). The Government listened and announced that new prisons will be constructed, but this would take

It has long been apparent that the UK’s current prison system is not functioning well. Although the HM Prison Service outline their purpose as ‘we keep those sentenced to prison in custody, helping them lead law-abiding and useful lives, both while they are in prison and after they are released’ (Gov.uk, 2016), currently nearly half of all prisoners go on to re-offend within a year, which costs society £15 billion a year (Ministry of Justice, 2016). In addition, last summer, the Chief Inspector of Prisons warned that jails in England and Wales were in their worst state for a decade (HM Chief Inspector of Prisons for England and Wales, 2015) with sharp rises in inmate violence, increasing drug use, staff shortages and squalid conditions. Therefore there is no doubt that the prison system is in urgent need of reform.

It can be argued that imprisonment has been widely found to have failed to achieve its stated goals. Rehabilitation as perceived within the prison context is a myth. The predominant objective of control has developed in such a manner as to exclude the successful operation of any rehabilitation process. In looking at the nature and operation of the New South Wales prison system, for example, one is confronted by a system preoccupied with notions of control and security. A very disturbing feature of the system is that the availability of such prison accommodation helps to define the nature of the offender rather than the offender being defined by the nature of his offence (Wilkinson, 1972).