Arie Freiberg

Bio: Arie Freiberg is an academic researcher from Monash University, Clayton campus. The author has contributed to research in topics: Criminal justice & Plea. The author has an hindex of 19, co-authored 115 publications receiving 1506 citations. Previous affiliations of Arie Freiberg include Monash University & University of Melbourne.

Affective Versus Effective Justice: Instrumentalism and Emotionalism in Criminal Justice

Abstract: This article argues that if crime prevention policies are to succeed in the political or public spheres they must address some of the deeper emotional or affective dimensions of crime and its place in society. While crime prevention remains a predominantly `rationalist' approach to criminal policy it will fail to compete successfully with the more emotive law and order policies which tend to resonate with the public and which appear to meet deep-seated psychological and affective needs. It suggests that crime prevention can address the three core elements that must make up a response to crime: the instrumental, the emotional and the production of social cohesion. It outlines a range of values and symbols which crime prevention may tap into in order to meet some of the affective dimensions of criminal justice policy.

Drug Courts: Sentencing Responses to Drug Use and Drug-Related Crime

Abstract: Victoria’s specialist drug court represents a move away from a focus on individuals and their criminal conduct to offenders’ problems and their solutions. Victoria’s first drug court opened its doors at the Dandenong Magistrates’ Court in May 2002. It is the fifth such court in Australia.1 Drug courts were opened in New South Wales in 1999, Queensland in 2000, South Australia in 2000 and Western Australia in 2001. The Northern Territory has announced its intention to open a drug court in 2003 and the Queensland court will soon be extended to two more locations in Northern Queensland. Two specialist youth drug courts have also been established. The New South Wales Youth Drug Court commenced in July 20002 and, in Western Australia, a youth drug court scheme operates under the Young Offenders Act 1988 (WA).

The Limits to Evidence‐Based Policy: Evidence, Emotion and Criminal Justice

Abstract: While ‘evidence-based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep-seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are played out in broader arenas than the academy, the bureau or the agency. To be successful, penal reform must take account of the emotions people feel in the face of wrongdoing. Further, successful reform must take into account changes in public ‘mood’ or emotions over time and be sensitive to different political and social cultures. This article argues that criminal justice policies are more likely to be adopted if, in addition to the gathering and presentation of evidence, they recognise and deal with the roles of emotions, symbols, faith, belief and religion in the criminal justice system. It also recognises that evidence alone is unlikely to be the major determinant of policy outcomes and that the creation and successful implementation of policy also requires extensive engagement and evidence-based dialogue with interested and affected parties. This necessitates a different kind of modelling for evidence-based policy processes.

The culture of control: crime and social order in contemporary, society

Abstract: Nos últimos trinta trinta anos, houve profundas mudanças na forma como compreendemos o crime e a justiça criminal. O crime tornou-se um evento simbólico, um verdadeiro teste para a ordem social e para as políticas governamentais, um desafio para a sociedade civil, para a democracia e para os direitos humanos. Segundo David Garland, professor da Faculdade de Direito da New York University, um dos principais autores no campo da Sociologia da Punição e com artigo publicado na Revista de Sociologia e Política , número 13, na modernidade tardia houve uma verdadeira obsessão securitária, direcionando as políticas criminais para um maior rigor em relação às penas e maior intolerância com o criminoso. Há trinta anos, nos EUA e na Inglaterra essa tendência era insuspeita. O livro mostra que os dois países compartilham intrigantes similaridades em suas práticas criminais, a despeito da divisão racial, das desigualdades econômicas e da letalidade violenta que marcam fortemente o cenário americano. Segundo David Garland, encontram-se nos dois países os “mesmos tipos de riscos e inseguranças, a mesma percepção a respeito dos problemas de um controle social não-efetivo, as mesmas críticas da justiça criminal tradicional, e as mesmas ansiedades recorrentes sobre mudança e ordem sociais”1 (GARLAND, 2001, p. 2). O argumento principal da obra é o seguinte: a modernidade tardia, esse distintivo padrão de relações sociais, econômicas e culturais, trouxe consigo um conjunto de riscos, inseguranças e problemas de controle social que deram uma configuração específica às nossas respostas ao crime, ao garantir os altos custos das políticas criminais, o grau máximo de duração das penas e a excessivas taxas de encarceramento.

New public management in public sector organizations: the dark sides of managerialistic ‘enlightenment’

Abstract: For many years the proponents of New Public Management (NPM) have promised to improve public services by making public sector organizations much more 'business-like'. There have been many investigations and empirical studies about the nature of NPM as well as its impact on organizations. However, most of these studies concentrate only on some elements of NPM and provide interesting, but often anecdotal, evidence and insights. Perhaps exactly because of the large amount of extremely revealing and telling empirical studies, there is, therefore, a lack of a systematic identification and understanding of the nature of NPM and its overall relevance. This paper contributes to a systematic identification and understanding of the concept of NPM as well as its multi-dimensional impact on public sector organizations. First, the paper aims at (re-) constructing a comprehensive taxonomy of NPM's main assumptions and core elements. Secondly, the paper tries to provide a more comprehensive and meta-analytical analysis of primarily the negative consequences of NPM-strategies for public sector organizations as well as the people working in them.

The Rise and Fall of Freedom of Contract

Abstract: The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.