Australia's Courts are too soft.

Recommended Videos

Thaluikhain

Elite Member
Legacy
Jan 16, 2010
19,538
4,128
118
There was a study down in Tasmania on jurors. They found that juries were most often satisfied by the punishment given in the trials they were involved in, where they heard all the evidence.

However, they were much less often satisfied by the punishments given in trials they'd only read about in the papers.
 

Amakusa

New member
Jul 12, 2012
113
0
0
thaluikhain said:
There was a study down in Tasmania on jurors. They found that juries were most often satisfied by the punishment given in the trials they were involved in, where they heard all the evidence.

However, they were much less often satisfied by the punishments given in trials they'd only read about in the papers.
here you go, here is a link to it for those interested.
Public judgement on sentencing: Final results from the Tasmanian Jury Sentencing Study
Kate Warner, Julia Davis, Maggie Walter,Rebecca Bradfield and Rachel Vermey

http://www.aic.gov.au/documents/A/B/7/%7BAB703D46-E913-4384-B3DB-646DC27EF2D3%7Dtandi407.pdf
 

william12123

New member
Oct 22, 2008
146
0
0
Strazdas:

It does not need to work as a deterant. it needs to work as punishment.
This makes no sense to me. It's like saying an airplane isn't a form of transportation. The only purpose of prison sentencing is as a deterrent. Why do you send someone to prison? To convince them that the alternative is better. There are a few justifications for punishment (retribution, deterrence, rehabilitation, and incapacitation according to the wikipedia page). However, retribution is socially unacceptable. Incapacitation only really applies to those who get a death sentence. What we're left with is rehabilitation and deterrence.

Considering the original comment was made about harsher sentences, I don't see how harsher sentences could act as anything other than a deterrent. The thing about rehabilitation is that no specific sentence is appropriate. It's as likely to take a month as never work at all.

As I understand it, prison sentencing (as a punishment) can serve as nothing other than a deterrent. Ideally, sentences would be "go to prison until you're fit to become a productive member of society again". Everything else (prison time, fines) is only there to convince you not to do the crime.
 

chikusho

New member
Jun 14, 2011
873
0
0
MrPhyntch said:
chikusho said:
He's saying the -prison system as punishment- is an ineffective way to reduce crime. However, the -prison system as rehabilitation- has had some great successes, just as an example.
Just curious, can you show me any evidence of this?
I don't have the time to google extensively, but for instance, Norway has had some major successes with their rehabilitative methods of incarceration.

http://www.theguardian.com/society/2013/feb/25/norwegian-prison-inmates-treated-like-people

And there are these reports:

http://digitalcommons.uri.edu/cgi/viewcontent.cgi?article=1160&context=srhonorsprog
http://www.statesman.com/news/news/state-regional-govt-politics/texas-prison-population-shrinks-as-rehabilitatio-1/nRNRY/
http://www.freedommag.org/english/vol29i1/page30.htm

I think it's common sense that granting criminals education and skills and giving them tools to make an honest living outside of incarceration will increase the chances of that happening. Being treated like shit is more likely to create animosity towards your oppressors, and cause an active reluctance to conform to the laws of society.

Last I heard, prison rehab was basically a complete joke. For a number of reasons:

A) Very hard to break old habits
B) Very hard to cut all ties to the old criminal life
Which is rehabilitation is necessary. Lack of competent rehab makes breaking habits an unattractive and difficult choice.

C) You're stuffing people in a box full of murderers and rapists, and no one has their general creature comforts, this tends to harden people up a bit much to be rehabilitated.
Which is why prison as punishment doesn't encourage any self improvement.

D) When people try to subvert the above, they turn prisons into vacation homes that the poor and downtrodden, or just lazy in some cases, can choose to live in rent-free for 5 to 10 years at a time for fairly small stuff on repeat convictions.
Citation needed.

Prison rehabilitation would be the best solution, but to my knowledge it just doesn't work, as the prison environment doesn't exactly lend itself to rehabilitating. You get too soft and you get shanked, and when that's not a concern people are generally to comfy to want to rehabilitate.
Exactly. Prison as punishment is ineffective and counter-productive.

EDIT to respond to above post, which was posted while I was typing:

I'm more interested in success rates, really. Like you said, getting that good environment is very important to rehabilitating a person, and as I said, it's a very delicate balance that's very hard to achieve.
What's hard to achieve is the change in philosophy. People are too focused on punishment and vengeance to accept what would ostensibly be a positive change in society.

On top of that, it costs a ton of money that would otherwise be going to things like schools. While I'm all for helping everyone in need, including those who have fallen from society's graces (like criminals), if the success rates aren't there, we're probably better pushing that money into other places.
Rehabilitation costs a lot of money, but probably much less money than what repeating offenders do.
 

Amakusa

New member
Jul 12, 2012
113
0
0
While this isn't totally relevant, the information here is useful for those that want to know the state of the programs in the Australian prison system. however it's dated from 2009 thou.

Prison-based correctional rehabilitation: An overview of intensive interventions for moderate to high-risk offenders
Karen Heseltine, Rick Sarre and Andrew Day
http://www.aic.gov.au/publications/current%20series/tandi/401-420/tandi412.html

Full report
http://www.aic.gov.au/documents/5/6/4/%7B564B2ECA-4433-4E9B-B4BA-29BD59071E81%7Drpp112.pdf
TLDR jesus christ it's a bloody long doco. Essentially it's a summary of the state of the programs available in the prison. There is some success, but they are also aware that an evidence based approached to find what works is needed and better program tailoring and data collection is needed. It's a long read and very hard to summaries in a few lines.
 

rasputin0009

New member
Feb 12, 2013
560
0
0
Kristian Fischer said:
Because harsher sentencing work as a deterrent.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.

The only thing harsher sentencing accomplishes is filling up prisons faster.
Completely right.

Prison and jail should be rehabilitation and not only punishment.

I'm glad I live in Canada for that reason. For example, my buddy drunkenly stole the national flag from the front of a police station at the age of 20. He went through multiple programs for first offenders that eventually resulted with him only paying a $40 fine (less than a speeding ticket). And he's never going to do something stupid like that again. See, if that happened in, say, America, he would of been in prison for 2 years (could be more, I don't know their rules when it comes to the national flag). Ruin a young man's life over something silly like that, and you could have a repeat offender on your hands. (By the way, I'm not trying to compare the beating of a child to this story)

There's a chance that that woman could live the rest of her life without being a threat to the rest of the world. She will never live a normal life since everyone around her will know what she did, and she will be tormented daily for it. And while in prison, she might be able to escape that torment. But she definitely won't in the real world. So living with the rest of society would be a worse punishment for her than living the rest of her life in prison.
 

chocolate pickles

New member
Apr 14, 2011
432
0
0
Amakusa said:
chocolate pickles said:
Kristian Fischer said:
Because harsher sentencing work as a deterrent.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.

The only thing harsher sentencing accomplishes is filling up prisons faster.
Not trying to sound like a dick, but i don't think that's true. If i was desperate, then i would be more likely to consider stealing something if the penalty was a fine + short prison stint rather than amputation of one of my hands.
For you yes, but that doesn't mean ever single other person that commits a crime factors in the length of how long the sentence is or whether there is capital punishment. It's more complicated than that. Going by your logic, every jurisdiction should have low crime rates if the death sentence was implemented on every major crime conceivable. Heck countries with death sentence for drug smuggling should have very little drug smuggling crime problems.
I'm not saying that harsher punishments are the absolute answer to halting crime, as in some countries where poverty is rampant and there is a lack of care for the poor, people will commit crime simply because they don't have much choice other than to starve. I do think, however, that harsher punishments can make a difference in more wealthy countries: For example, There are areas in Britain which are classified as poor. However, for the most part there are measures in place to make sure people in need in these areas have something to eat and somewhere to sleep. These people do not need to commit crime to survive like people living in poverty in other areas of the world, so isn't it possible that harsh sentences combined with a lack of need to commit crime in these types of area could act as a very strong deterrent against crimes of want? (E.g, I dont need this to survive, and the punishment is worth the risk)
 

Gennadios

New member
Aug 19, 2009
1,157
0
0
This isn't really the first time that someone that shouldn't have had children to begin with beats theirs to death.

My question is what are the courts doing to make sure that this person doesn't breed again when she's out in 7 years?
 

MrPhyntch

New member
Nov 4, 2009
156
0
0
chikusho said:
What's hard to achieve is the change in philosophy. People are too focused on punishment and vengeance to accept what would ostensibly be a positive change in society.
And there we are again. Punishment is NOT vengeance. When I was 5 and stole my brother's Halloween candy, did I get grounded because my parents felt a need to get revenge on me? Hell, my brother didn't even know I had done it, so I know he didn't have that desire. No, I was punished because I had done something wrong. Punishment and vengeance are two completely different things; punishment is a natural consequence (i.e. you steal you go to jail), whereas vengeance is generally disproportionate and yet strangely appropriate (i.e. you steal you get a hand lobbed off).
 

Mr. Eff_v1legacy

New member
Aug 20, 2009
759
0
0
WWmelb said:
We need the courts to start setting some serious examples, whether they actually work as a deterrent or not.
There is so much wrong with that statement.

For one, deterrence doesn't work. Those who commit crimes of that nature are impulsive and likely have a lot else wrong with them. They do not do a cost/benefit analysis of beating a child. To suggest as much is ridiculous.

So you advocate, then, punishment for the sake of it. That solves nothing, drains resources, and just creates further problems. Giving more power to the state doesn't help much either.

I understand your outrage. But a "tougher" penal system will do no good.
 

Amakusa

New member
Jul 12, 2012
113
0
0
chocolate pickles said:
Amakusa said:
chocolate pickles said:
Kristian Fischer said:
Because harsher sentencing work as a deterrent.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.

The only thing harsher sentencing accomplishes is filling up prisons faster.
Not trying to sound like a dick, but i don't think that's true. If i was desperate, then i would be more likely to consider stealing something if the penalty was a fine + short prison stint rather than amputation of one of my hands.
For you yes, but that doesn't mean ever single other person that commits a crime factors in the length of how long the sentence is or whether there is capital punishment. It's more complicated than that. Going by your logic, every jurisdiction should have low crime rates if the death sentence was implemented on every major crime conceivable. Heck countries with death sentence for drug smuggling should have very little drug smuggling crime problems.
I'm not saying that harsher punishments are the absolute answer to halting crime, as in some countries where poverty is rampant and there is a lack of care for the poor, people will commit crime simply because they don't have much choice other than to starve. I do think, however, that harsher punishments can make a difference in more wealthy countries: For example, There are areas in Britain which are classified as poor. However, for the most part there are measures in place to make sure people in need in these areas have something to eat and somewhere to sleep. These people do not need to commit crime to survive like people living in poverty in other areas of the world, so isn't it possible that harsh sentences combined with a lack of need to commit crime in these types of area could act as a very strong deterrent against crimes of want? (E.g, I dont need this to survive, and the punishment is worth the risk)

Hmmm so we are not talking about purely crimes of violence and instead about crime that has some element of property I take it? Since i think a crime of want would be a property type crime, like break and entering, robbery, fraud? And i have to assume you are talking about decent welfare combined with high punishment and the target population is the poor?

In short not necessarily. For example with motor theft, it wasn't high sentencing that reduced that crime rate down but by technological advances that makes it easier to track and lock down stolen vehicles with the newer models. Another example could be cyber crime, harsh sentencing hasn't stopped people from downloading pirated stuff of the net. And even financial ruin by the threat of the record company bankrupting you through the civil courts hasn't stopped it either concerning music and film downloading.

The problem with welfare is that people that are on it are harshly stigmatised, especially in Australia. They are easy targets for the media and can't really defend themselves from the attacks. Heck, A Current Affair loves to run programs that involves welfare bashing giving the example that if one person is committing welfare fraud, all of them are fraudsters and they have a history of misquoting figures from Centrelink. (they also run xenophobic immigration stories about asian invasion but that isn't relevant here).

Your theoretical reasoning seems to the rational offender model where people will be weigh up the risk and think that it's okay. However that doesn't apply to everyone, juveniles don't go through a prism of harsh sentencing when they commit crime. Young people take risky behaviour and those that have offended most grow out by 25. Heck that flag stealing would be a crime of want mentioned above. There was also an example given in one of the books about cultural criminology where a teenager girl broke into her neighbours house and rearranged the furniture. Nothing was stolen but she did this as few times. Break and entering is a crime though and it wasn't harsh sentencing that factored into her decision making process to do it. It was risk and excitement. The Criminal justice system in Australia recognises this and thus when young people enter the system they try to make sure they don't became institutionalised by diversionary programs.

Then there is the theory of stigmatisation, where in short if you treat the offenders like trash, they are going to re-offend later.

I'll give you another example, shopping centres. A kid put shampoo in the fountain of the shopping centre. That kid was given a a 10 year ban. (Remember shopping centres are private property so they can kick anyone out if they want). Essentially that kid months later, was charged with trespassing for entering the shopping centre and sent to criminal court. So what started as a harmless prank escalated into a criminal charges.

Why is this important? In areas where the shopping centre is the only place where essential services are held in a country town, and the next place is 5 hours away in another town. If you get banned from a shopping centre for that has only centrelink, postal service and other essential areas in that area. And your poor and you can't afford to travel to another place to access essential services, your screwed. You have to go to that shopping centre to report to Centrelink (welfare services) or lose all your benefits. So that person ends up getting busted for criminal trespassing. So what started as a bannable offence (shopping centres have their own standards as to what that is and it essentially can be anything) now has grown to criminal charges. Harsh sentencing did not factor here.


As to why older poor people would commit crime would be different. There could be other issues going on in the mind of the offender. They can be things have that spiralled out of control. It's complicated. The point is that the motivation of why someone would commit crime it different, and it your case why poor people would commit crime wouldn't necessarily be explained by the rational offender model and sentencing wouldn't necessarily be a factoring decision. There are different competing theories and models that explain crime. There is no one universal and unifying theory as to why someone commits crime. And for most of those theories harsh sentencing isn't used as a deterrent to reduce crime.

When harsh sentencing is involved, it usually done by politicians and it's a rushed job to satisfy a moral outrage by the public or by politicians wanting to get votes on the "tough of crime." Irrespective of any evidence out there. If you want to look at a similar analogy look at the gun debate and video games. Look at how the actors play out, there is no evidence that video games cause gun death and yet you get politicians trying to regulate video games and blaming it for gun deaths. The dynamics that play out in that field and the field on harsher sentencing and tough on crime are similar.

I would argue that better ways to deal with reducing crime than harsher penalties. Better designed suburbs, community programs, work opportunity that give people value in their lives.

Edited(and now i need some sleep)
 

chikusho

New member
Jun 14, 2011
873
0
0
MrPhyntch said:
chikusho said:
What's hard to achieve is the change in philosophy. People are too focused on punishment and vengeance to accept what would ostensibly be a positive change in society.
And there we are again. Punishment is NOT vengeance. When I was 5 and stole my brother's Halloween candy, did I get grounded because my parents felt a need to get revenge on me? Hell, my brother didn't even know I had done it, so I know he didn't have that desire. No, I was punished because I had done something wrong. Punishment and vengeance are two completely different things; punishment is a natural consequence (i.e. you steal you go to jail), whereas vengeance is generally disproportionate and yet strangely appropriate (i.e. you steal you get a hand lobbed off).
First, note that I wrote "punishment _and_ vengeance."
Second, your parents probably grounded you to teach you about actions and consequences, because certain actions can and does get certain consequences in the real world. Punishment here works as a teaching tool, albeit an incredibly inefficient and possibly detrimental one.

The natural consequence of stealing something is that you now possess something that you otherwise would not. [Certain] "punishments" is only the natural consequence of getting caught, which varies with the circumstances of where and for what you are accused.

"Natural consequence" and "disproportionate" are just matters of definition and opinion, and can be loosely applied to anything. Whether a punishment is appropriate or not is only about your frame of reference.

The key thing to remember here is that the world does not become a better place if someone who has done something bad gets punished. However, the world does become a better place if that person starts doing something good.
 

Something Amyss

Aswyng and Amyss
Dec 3, 2008
24,759
0
0
Talvrae said:
Don,t have the specific story fresh, but well here an article on the subject of canada being soft on child abuse crime: http://c2cjournal.ca/2013/03/why-are-canada%E2%80%99s-courts-soft-on-sexual-crimes-against-children/
The difference between Canadia and America is sort of startling.

One of my former teachers got busted for child porn with no sexual abuse of any actual minor and faced up to somethign like 90 years. Even the 20 he pled for, at his age, could be life in prison.

But raping a kid ten times is five years. Wow.

And on that note....

Desert Punk said:
No worries, it was near the beginning of the year, here are a few things I found on it, though it seems the BBC article about it has been taken down.

http://frontpagemag.com/2013/dgreenfield/muslim-who-raped-13-year-old-uk-girl-spared-jail-because-he-didnt-know-it-was-wrong/

http://www.dailymail.co.uk/news/article-2268395/Adil-Rashid-Paedophile-claimed-Muslim-upbringing-meant-didnt-know-illegal-sex-girl-13.html#ixzz2JZWVxmEh

and this one references it

http://www.telegraph.co.uk/news/uknews/crime/10060570/Oxford-grooming-gang-We-will-regret-ignoring-Asian-thugs-who-target-white-girls.html
Sweet baby Jesus, I wish I didn't know that. What is even the hell, people?
 

Aramis Night

New member
Mar 31, 2013
535
0
0
I'm actually pretty surprised she got 7 yrs. Compared to most of the reports I've seen of cases where mothers kill their kids, she got a really stiff sentence. Probably had a lot to do with the manner in which it happened. If she just would have killed the kid immediately and outright instead of spending days killing it with a pipe, she would probably be looking at 1 actual year of time served if that. Course, not sure about Australian courts, but I wouldn't be surprised if the sentence gets commuted since the defense is alleging mental issues. I've heard of cases like this ending in the mother getting therapy and a couple years probation. Of course if this was the only child this mother had then they will probably stick with the 7 yrs. Funny thing is judges tend to reward mothers in sentencing if they have other children. So remember mom's, never kill all your kids.
 

Bucky01

New member
Sep 28, 2010
122
0
0
i have an idea lets swap around the people in charge of our legal system with the people in charge of our video game rating system. i can see it now, R18+ games can make it in under PG13 and the difference between a low-end and mid tier crime is a slap on the wrist with community service to a life sentence.

it is....... beautiful
 

SonOfVoorhees

New member
Aug 3, 2011
3,509
0
0
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
 

chikusho

New member
Jun 14, 2011
873
0
0
SonOfVoorhees said:
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
Even better, everyone should be transported to a prison cell soon after being born. That way you catch ALL CRIMINALS.
 

Aramis Night

New member
Mar 31, 2013
535
0
0
SonOfVoorhees said:
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
In contract law, any contract entered into under duress is contestable. And sadly contract law does not supersede human rights laws no matter how much corporations like to try to convince people otherwise(at-will employment agreements are an excellent example of this). All contracts must be entered into voluntarily to be upheld.