Showing papers by "Lorana Bartels published in 2009"

The Recidivism of Offenders Given Suspended Sentences: A Comparison with Full-Time Imprisonment

Abstract: Between 2000 and 2007, the number of suspended sentences imposed by the NSW Local Court rose 300 per cent, from 1,704 to 5,172. In 2000, suspended sentences accounted for about one per cent of all penalties imposed by the NSW Local Court. By 2007, this figure had risen to 4.6 per cent. One issue of contention is whether suspended sentences have the same deterrent effect on re-offending as prison sentences. In this study we compare rates of re-offending among offenders who received suspended sentences with rates of re-offending among a matched control group who received a full-time prison sentence. For offenders with no prior prison sentence, there was no statistically significant difference in re-offending between offenders who received a suspended sentence and those who received a prison sentence. Among offenders who had previously been to prison, however, those who received a prison sentence re-offended substantially quicker than those who received a suspended sentence. We conclude that there is no evidence full-time imprisonment exerts a greater deterrent effect than a suspended sentence of imprisonment.

The Weight of the Sword of Damocles: A Reconviction Analysis of Suspended Sentences in Tasmania

Abstract: Suspended sentences are a widely used but controversial sentencing disposition. This article presents reconviction rates for all sentences imposed over a 2-year period in the Tasmanian Supreme Court, as well as examining different outcomes on the basis of key sentencing variables, including offence type and prior record. The results demonstrate that suspended sentences have comparatively low reconviction rates. The study examines the relative frequency and seriousness of offending, thereby overcoming a common criticism of reconviction studies that they are an 'all-or-nothing' measure, which does not take into account changes in offending patterns. The study also avoids the common error of misattributing reconviction rates to incidences of offending that occurred prior to the imposition of the relevant sentence by excluding pseudoreconvictions, and the findings indicate the extent to which pseudoreconvictions can skew reconviction results. In addition, the use of suspended sentences in combination with other orders, and the reconviction outcomes of such sentences, is analysed. The article concludes with a discussion of the implications of my findings for the further use of suspended sentences, and for future research.

Recidivism of offenders given suspended sentences: A comparison with full-time imprisonment, The

Abstract: Between 2000 and 2007, the number of suspended sentences imposed by the NSW Local Court rose 300 per cent, from 1,704 to 5,172. In 2000, suspended sentences accounted for about one per cent of all penalties imposed by the NSW Local Court. By 2007, this figure had risen to 4.6 per cent. One issue of contention is whether suspended sentences have the same deterrent effect on re-offending as prison sentences. In this study we compare rates of re-offending among offenders who received suspended sentences with rates of re-offending among a matched control group who received a full-time prison sentence. For offenders with no prior prison sentence, there was no statistically significant difference in re-offending between offenders who received a suspended sentence and those who received a prison sentence. Among offenders who had previously been to prison, however, those who received a prison sentence re-offended substantially quicker than those who received a suspended sentence. We conclude that there is no evidence full-time imprisonment exerts a greater deterrent effect than a suspended sentence of imprisonment.

Challenges in Mainstreaming Specialty Courts

Abstract: Problem-oriented justice seeks to incorporate innovative court practices to tackle offenders’ behaviour and problems associated with offending Over the last decade, the primary means of implementing such practices has been through the development of specialty courts This paper presents an overview of the challenges associated with implementing aspects of specialty courts in the mainstream criminal justice system The key issues explored are the need to promote equity of access, resourcing and the role of the judicial officer Generic court intervention orders, such as the Victorian Court Integrated Services Program, are reviewed and the advantages of such approaches discussed The paper also explores the means of promoting more cost-effective delivery of justice; the issues that can arise when judicial officers adopt a more therapeutic role in the administration of justice; and the need for comprehensive evaluation of court innovations Finally, the need for cohesive policies on the development of problem-oriented justice, whether in the mainstream criminal justice system or specialty courts, is examined

Sword or Butter Knife? A Breach Analysis of Suspended Sentences in Tasmania

Abstract: Suspended sentences are a widely used but controversial sentencing disposition. To date, most breach analyses have only examined court action taken in respect of alleged breaches, not instances where the suspended sentence was apparently breached but no court action was taken. This article examines all partly and wholly suspended sentences imposed in the Tasmanian Supreme Court over a two-year period and the number of cases breached, whether or not the breach was prosecuted. The findings demonstrate that most apparent breaches of suspended sentences are not prosecuted. Data are presented on the nature of the offences committed in breach and the seriousness and frequency of offending. The article also examines the relevance of key sentencing variables, including age, prior record, gender, length of sentence and operational period and analyses relevant time periods for breach and breach action. The research and policy implications of the findings are also considered.

To Suspend or Not to Suspend: A Qualitative Analysis of Sentencing Decisions in the Supreme Court of Tasmania

Abstract: Suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article presents a qualitative analysis of all partly and wholly suspended sentences imposed in the Tasmanian Supreme Court over a two-year period. The importance of reasons for sentence is discussed and the relevance of a range of factors to the decision to suspend a sentence is considered. In particular, the discussion considers factors relating to the offender, for exampIe, prior record and youth; factors relating to the offence, especially where offences are committed in company; the response to the charges, such as cooperation with the authorities; and the effect of the offence and sanction, including hardship to the offender and others. In addition, cases which suggest an improper reasoning process was applied in exercising the discretion to suspend are reviewed.

Suspended Sentences - A Judicial Perspective

Abstract: The suspended sentence is a widely used but often misunderstood sentencing disposition. This article presents the findings of in-depth interviews with Tasmanian judges and magistrates on their use of suspended sentences. These interviews provide an invaluable source of information on judicial views on a range of issues pertaining to the use of such sentences. The findings reveal inconsistent views on the main objective of suspended sentences and the difficulty experienced in applying the two-stage process for suspending the sentence. Issues with explaining and communicating the sentence and the role of public opinion and the media are explored. The appropriate response to breaches of sentences is discussed and the policy and reform implications of the research are considered.

Suspended Sentences - a Judicial Perspective

Abstract: The suspended sentence is a widely used but often misunderstood sentencing disposition. This article presents the findings of in-depth interviews with Tasmanian judges and magistrates on their use of suspended sentences. These interviews provide an invaluable source of information on judicial views on a range of issues pertaining to the use of such sentences. The findings reveal inconsistent views on the main objective of suspended sentences and the difficulty experienced in applying the two-stage process for suspending the sentence. Issues with explaining and communicating the sentence and the role of public opinion and the media are explored. The appropriate response to breaches of sentences is discussed and the policy and reform implications of the research are considered.

Challenges in Mainstreaming Specialty Courts

Abstract: Foreword | Problem-oriented justice seeks to incorporate innovative court practices to tackle offenders' behaviour and problems associated with offending. Over the last decade, the primary means of implementing such practices has been through the development of specialty courts. This paper presents an overview of the challenges associated with implementing aspects of specialty courts in the mainstream criminal justice system. The key issues explored are the need to promote equity of access, resourcing and the role of the judicial officer. Generic court intervention orders, such as the Victorian Court Integrated Services Program, are reviewed and the advantages of such approaches discussed. The paper also explores the means of promoting more cost-effective delivery of justice; the issues that can arise when judicial officers adopt a more therapeutic role in the administration of justice; and the need for comprehensive evaluation of court innovations. Finally, the need for cohesive policies on the development of problem-oriented justice, whether in the mainstream criminal justice system or specialty courts, is examined. Adam Tomison Director Specialty courts were first introduced in Australia in the late 1990s as part of the recognition that the social problems which may have contributed to a defendant's behaviour may require social or therapeutic, rather than legal solutions (Freiberg 2001). Therapeutic jurisprudence is the 'study of the role of the law as a therapeutic agent' and focuses on the law's impact on emotional life and psychological well-being (Wexler & Winick 1996: xvii). Phelan (2003: 99) suggests that problem-solving courts 'represent more than just structural or process changes. They challenge the nature of courts and represent something of a revolution in the way in which courts might operate in modern, democratic societies'. There are currently a number of specialty courts, lists, approaches and court support services in place in Australia. All jurisdictions have specific programs for dealing with defendants with drug abuse issues. As King et al (2009) note, most of these programs have been extensively evaluated, with generally positive results. In addition, cost-benefit analyses indicate the programs are no more expensive, and in some instances less expensive, than prison. There is a range of other courts and programs particularly focused on dealing with mental health concerns, family violence and Indigenous defendants. These courts have been less comprehensively evaluated and what evaluations there have been do not consistently point to reduced recidivism (see King et al 2009). In most cases, specialty court programs deal with a small number of defendants. In particular, models such as resource-intensive drug courts tend to be focused in metropolitan areas and access is therefore restricted to urban defendants. Thus, regional and rural defendants may face disadvantage due to the comparative lack of appropriate beai services. Mainstreaming the principles of problem-oriented justice or mainstreaming specific programs or practices may promote more equal access to court innovations for a greater proportion of defendants (Gray 2008). This may also have significant organisational advantages (Cannon 2007). This paper presents the key features of problem-oriented justice and examines three challenges associated with these approaches and attempts at mainstreaming, namely, promoting equity, resourcing issues and the role of the judicial officer. Key features of problem-oriented justice Problem-oriented courts act as a 'hub' to connect various 'spokes'- such as drug and alcohol treatment agencies, communitybased corrections, probation services and domestic violence agencies- forming a holistic and integrated approach (Blagg 2008). There are significant differences in the structure and governance of such courts and programs around Australia but the following are common features: * case outcomes- working on tangible outcomes for defendants, victims and society * system change- seeking to re-engineer how government systems respond to problems, such as drug and alcohol dependence and mental illness * judicial monitoring- active use of judicial authority to solve problems and change defendants' behaviour * collaboration- engagement of government and non-government partners (eg social service providers and community groups) in reducing the risks of re-offending * non-traditional roles- this may include altering aspects of the adversarial court process, as well as ensuring defendants play an active role in the process (see Berman & Feinblatt 2001 ; Freiberg 2001 ; King et al 2009; Popovic 2006). …

Suspended Sentences in Tasmania: Key Research Findings

Abstract: Although there are numerous arguments for and against the use of suspended sentences, improving our knowledge of how this sentencing disposition is applied in practice will help inform the debate. This paper provides an overview of the use of suspended sentences in the Supreme Court of Tasmania, as well as an analysis of reconviction and breach rates for those placed on such an order. It was found that those offenders serving suspended sentences had the lowest reconviction rates compared to those who received non-custodial and unsuspended sentences and this held true irrespective of prior criminal history. Young offenders had particularly low reconviction rates post a suspended sentence, but the paper warns of the risk that those offenders who are reconvicted may attract inappropriate, more severe sentences, as those who had previously been given a suspended sentence were found to be more likely to receive a subsequent (and more serious) unsuspended sentence, regardless of offence severity. An additional finding was that only five to six percent of offenders who were in breach of a suspended sentence were returned to court for a breach action. The paper stresses the need to improve the management of breaches and for readily accessible and up-to-date sentencing information, as well as arguing that offence- or length-based restrictions on suspended sentences is unnecessary.

Sword or Butter Knife? A breach analysis of suspended sentences in Tasmania

Abstract: Suspended sentences are a widely used but controversial sentencing disposition. To date, most breach analyses have only examined court action taken in respect of alleged breaches, not instances where the suspended sentence was apparently breached but no court action was taken. This article examines all partly and wholly suspended sentences imposed in the Tasmanian Supreme Court over a two-year period and the number of cases breached, whether or not the breach was prosecuted. The findings demonstrate that most apparent breaches of suspended sentences are not prosecuted. Data are presented on the nature of the offences committed in breach and the seriousness and frequency of offending. The article also examines the relevance of key sentencing variables, including age, prior record, gender, length of sentence and operational period and analyses relevant time periods for breach and breach action. The research and policy implications of the findings are also considered.

To suspend or not to suspend: a qualitative analysis of sentencing decisions in the Supreme Court of Tasmania

Abstract: Suspended sentences are a controversial sentencing option currently available in all Australian jurisdictions. This article presents a qualitative analysis of all partly and wholly suspended sentences imposed in the Tasmanian Supreme Court over a two-year period. The importance of reasons for sentence is discussed and the relevance of a range of factors to the decision to suspend a sentence is considered. In particular, the discussion considers factors relating to the offender, for exampIe, prior record and youth; factors relating to the offence, especially where offences are committed in company; the response to the charges, such as cooperation with the authorities; and the effect of the offence and sanction, including hardship to the offender and others. In addition, cases which suggest an improper reasoning process was applied in exercising the discretion to suspend are reviewed.

Mainstreaming Problem-Oriented Justice: Issues and Challenges

Abstract: This paper grapples with the challenges of introducing features of specialty courts into the mainstream criminal justice system. Specialty courts were first introduced in Australia in the late 1990s, in recognition of the fact that the social problems which may have contributed to an offender’s behaviour may require social, rather than legal, solutions. There are currently a number of specialty court and diversion programs in place in Australia. In most cases, however, these programs only deal with a small minority of offenders. In particular, specialty court programs such as resource-intensive drug courts tend to be focused in metropolitan areas and access is therefore restricted to urban offenders. Regional and rural offenders may face further disadvantage due to the comparative lack of appropriate services provided locally. Mainstreaming aspects of specialty court programs may promote more equal access to court innovations for a greater proportion of offenders. This paper examines three challenges associated with attempts at mainstreaming, namely: promoting equity, resource issues and the role of the judicial officer. Generic court intervention programs, such as the Victorian Court Integrated Services Program, will be considered, and the need for cohesive policies on the future of problem-oriented justice examined.

The Weight of the Sword of Damocles: A Reconviction Analysis of Suspended Sentences in Tasmania

Abstract: Suspended sentences are a widely used but controversial sentencing disposition. This article presents reconviction rates for all sentences imposed over a 2-year period in the Tasmanian Supreme Court, as well as examining different outcomes on the basis of key sentencing variables, including offence type and prior record. The results demonstrate that suspended sentences have comparatively low reconviction rates. The study examines the relative frequency and seriousness of offending, thereby overcoming a common criticism of reconviction studies that they are an ‘all-or-nothing’ measure, which does not take into account changes in offending patterns. The study also avoids the common error of misattributing reconviction rates to incidences of offending that occurred prior to the imposition of the relevant sentence by excluding pseudoreconvictions, and the findings indicate the extent to which pseudoreconvictions can skew reconviction results. In addition, the use of suspended sentences in combination with other orders, and the reconviction outcomes of such sentences, is analysed. The article concludes with a discussion of the implications of my findings for the further use of suspended sentences, and for future research.

Suspended sentences in Tasmania: key research findings

Abstract: Foreword | Although there are numerous arguments for and against the use of suspended sentences, improving our knowledge of how this sentencing disposition is applied in practice will help inform the debate This paper provides an overview of the use of suspended sentences in the Supreme Court of Tasmania, as well as an analysis of reconviction and breach rates for those placed on such an order It was found that those offenders serving suspended sentences had the lowest reconviction rates compared to those who received non-custodial and unsuspended sentences and this held true irrespective of prior criminal history Young offenders had particularly low reconviction rates post a suspended sentence, but the paper warns of the risk that those offenders who are reconvicted may attract inappropriate, more severe sentences, as those who had previously been given a suspended sentence were found to be more likely to receive a subsequent (and more serious) unsuspended sentence, regardless of offence severity An additional finding was that only five to six percent of offenders who were in breach of a suspended sentence were returned to court for a breach action The paper stresses the need to improve the management of breaches and for readily accessible and up-to-date sentencing information, as well as arguing that offence- or length-based restrictions on suspended sentences is unnecessary Judy Putt General Manager, Research A suspended sentence is a prison sentence which is partly or wholly suspended on certain conditions It has been described as a Sword of Damocles hanging over an offender's head (eg R v Locke and Paterson (1 973) 6 SASR 298) As set out by the High Court in Dinsdaie v The Queen (2000) 202 CLR 321 , imposing a suspended sentence involves two key steps, namely, imposing a fixed term of imprisonment and then ordering that all or part of the term be held in suspense for a specified period ('the operational period'), subject to certain conditions Suspended sentences are currently available in all Australian jurisdictions, although there have been moves to abolish them in Victoria (Bartels 2007) The principal arguments in favour of suspended sentences are that they are an effective form of denunciation and deterrence; they are a valuable tool for those handing down sentences; they enable offenders to avoid prison, especially for short sentences; and they reduce the size of the prison population However, there are also compelling arguments against suspended sentences, namely, that they do not amount to real punishment at law and are regarded as a let-off' by the public and offenders; there are difficulties with the process for imposing the sentence and dealing with breaches; they cause net-widening and violate the proportionality principle; and they favour middle-class offenders As noted by the VSAC in its extensive review on this issue: The philosophical differences between those who accept that a suspended sentence is more severe than other non-custodial orders and who believe it to be an appropriate substitute for immediate prison time, and those who question the internal logic, position and continued need for such an order are fundamental and unlikely ever to be satisfactorily resolved (2006: vii) This paper does not endeavour to reconcile these arguments Instead, it reports on some key findings of recently completed research on the use of suspended sentences in Tasmania in an attempt to promote a greater understanding of the use of this controversial sentencing disposition This paper presents key findings of a quantitative analysis of offenders sentenced in the Tasmanien Supreme Court and reconviction and breach analyses of those offenders Methodology There were three datasets for the sentencing, reconviction and breach analyses Original dataset The data for the original dataset (DS1) were obtained by examining all cases where an offender was sentenced at first instance in the Supreme Court of Tasmania between 1 July 2002 and 30 June 2004 (n=838) …