Lorana Bartels

The Recidivism of Offenders Given Suspended Sentences in New South Wales, Australia

The suspended sentence has been described as the ‘Sword of Damocles’ and praised as a means of exploiting the deterrent effects of prison while avoiding some of its human and financial costs. The deterrent value of suspended sentences is said to derive from the fact that the consequences of reoffending during the period of a suspended sentence are ‘known and certain’, whereas those attending a breach of probation are not. Past research, however, has shown that suspended sentences do little to reduce the use of imprisonment and, in some cases, actually increase it. Studies purporting to show the deterrent effectiveness of suspended sentences, on the other hand, have been few in number and methodologically weak. In this article, we use propensity matching to compare the effect of suspended sentences on recidivism to that of supervised bonds. We find no difference in rates of reconviction following the imposition of these sanctions. The implications of this finding for the UK system of suspended sentences are discussed.

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.

Degrees of Difference? A Preliminary Study of 'Criminology' Degrees at Australian Universities

While the discipline of ‘criminology’ has existed within Australian universities for more than half a century, the introduction of discrete ‘criminology’ and justice programmes is much more recent. Little is known, however, about the current state of play when it comes to what a degree in ‘criminology’ actually entails. With growing student enrolments in such programmes, reflecting on the status of these programmes is important in the context of student and employer requirements and expectations. Drawing on the findings of a preliminary study, this paper will explore what it means to study for an undergraduate degree in ‘criminology’ in Australia. Specifically, we will focus on the content, availability and range of ‘criminology’ and justice degrees available in Australia, in order to gain a better understanding of the convergences and divergences across degree programmes, and make some recommendations for future research.

Immigrant Women and Family Violence: Will the New Exceptions Help or Hinder Victims?

Migrant women may be at greater risk of experiencing family violence. Yet, they may also encounter particular difficulties in leaving the violent home, This paper identifies one particular difficulty: the process and evidentiary issues that some migrant women have experienced in using the Family Violence Exception provision (Migration Regulations 1994 Cth). This legislation has been amended a number of times to better meet the needs of victims of family violence seeking to escape the violent home and obtain a permanent visa. The most recent amendments took place in 2012. We examine changes to the evidentiary grounds and process and ponder the possibility of potential ongoing problems.

Females in Custody in the ACT: Gendered Issues and Solutions

Studies have identified that since women comprise only a small proportion of the prison population as a whole this correlates with a higher potential for inadequate gender-specific service provision. We are interested in seeing if, despite the Australian Capital Territory (ACT) being the first Australian jurisdiction to design and operate a prison under human rights legislation, the small number of women prisoners poses particular challenges for meeting their specific needs in the Alexander Maconochie Centre (AMC). After examining gendered issues identified across Australia, we review the findings of three recent reviews and identify the successes, problems and pitfalls with programs and policies set within a human rights framework. We note some improvement in meeting women inmates’ needs over the past five years and include recommendations to facilitate more positive changes.

HOPE probation: A new path to desistance?

This article seeks to understand Hawaii’s Opportunity Probation with Enforcement (HOPE) program through a desistance framework. The article commences with a brief overview of the literature on desistance and HOPE. It then explains how HOPE works. The main section of the paper describes observations of HOPE in action and the extent to which these align with McNeill et al.’s (2012) eight principles of desistance. The paper concludes with some observations on the HOPE program as a pathway towards hope, desistance and the promise of better communities.

Electronic monitoring: The experience in Australia

Electronic monitoring (EM) has been introduced in over 30 countries around the world. In most English-speaking countries, it has moved well beyond experimental status and become a regularly applied penal measure. Australia has been lagging behind this world trend, as EM has yet not become dominant in our correctional landscape. This is even though sanctions that utilise radio-frequency and/or global positioning systems (GPS) monitoring have existed in Australia for decades. This article critically examines overseas evaluative findings of EM in relation to recidivism, cost-effectiveness and net-widening, as well as some of the issues and concerns that are associated with EM. The article then summarises and explains the limited Australian EM experience to date. It predicts that increased application of EM in Australia seems likely and should be evidence-based. In this context, there is an urgent need for increased understanding about the use and impact of EM in Australia. The article concludes with some observations about the importance of comparative analysis in this context.

Good behaviour bonds and re-offending: The effect of bond length

The aim of this study was to examine the effectiveness of good behaviour bonds in reducing re-offending. Data on 19,478 individuals who received a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) for their principal offence were examined. Propensity score matching techniques were used to match offenders who received a bond of less than 24 months with offenders who received a bond of 24 months or more. These two matched groups were then compared on time to first new offence. After matching offenders on a large range of factors, time to reconviction was longer for offenders placed on bonds 24 months or longer compared with offenders placed on shorter bonds. A significant effect of bond length on re-offending was apparent for both supervised and unsupervised orders. The evidence presented here tentatively suggests long bonds are more effective in reducing re-offending than short bonds.

Public opinion on sentencing and parole in Australia

Australia has nine different legislative regimes for sentencing and parole, as well as eight prison regimes; it has therefore been described as an ideal penal laboratory. This paper presents an overview of the extensive body of recent Australian research on public opinion on sentencing and, more recently, parole. The discussion on parole is situated in the context of an analysis of the legislative and policy landscape, which has undergone significant changes in recent years. The paper concludes with some comments on future research directions in relation to Australian public opinion on parole.

Redemption or forfeiture? Understanding diversity in Australians’ attitudes to parole

Recent Australian reforms to parole following high-profile violations are premised on a purported public desire for greater restrictions on the use of parole. These changes reflect the tendency of legislatures to presume that the public is largely punitive and invoke a ‘forfeiture’ of rights rationale that weakens support for offender rehabilitation. We consider whether restricting parole is based on a sound reading of public views. Drawing on a national study of public opinion on parole in Australia, we use a latent variable approach to look for distinct patterns in attitudes to parole and re-entry. We also examine what factors explain these patterns. The results support the conclusion that appealing to a public belief in offenders’ ability to change may be the most effective way to increase public confidence in parole systems.