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1.
Psychiatr Psychol Law ; 30(4): 459-485, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-37484513

RESUMO

Compassion has the capacity to change how we think and feel about people who offend, enabling us to understand individual and systemic causes of criminality and whether, and in what circumstances, desistance is possible. Across two experiments, our research examined whether a more compassionate sentencing delivery, firstly, in written sentencing remarks and, secondly, in videoed sentencing remarks, stimulated more concern for sentenced offenders amongst members of the Australian public. Our results suggest that it is possible to alter the features of a written or orally-delivered sentence, so that it is recognisably more compassionate. Further, engagement with compassion-enhanced sentencing remarks altered criminal justice spending preferences, reducing the proportion of the criminal justice budget that the public believed should be spent on imprisonment and increasing that to be spent on rehabilitation.

2.
Int J Offender Ther Comp Criminol ; : 306624X221132226, 2022 Nov 28.
Artigo em Inglês | MEDLINE | ID: mdl-36440526

RESUMO

Recidivism in Australia is high, especially in the Australian Capital Territory (ACT). While high-quality stable housing has been shown to reduce recidivism, people released from prison face many barriers in obtaining housing. This paper reports on a qualitative study exploring the housing experiences of 11 people released from prison in the ACT. Participants felt the importance of housing for reintegration and avoiding recidivism, but reported many challenges, including issues relating to lack of pre-release planning, income and employment, drug use, difficulties and delays with accessing social housing, and complying with parole or bail conditions. We recommend increased investment in services to assist people in prison with organizing housing before release. Furthermore, as housing is a foundational need for reintegration and drug use is high among the prison population in the ACT, Housing First initiatives may be the most appropriate model for providing accommodation and reducing recidivism.

3.
J Interpers Violence ; 37(19-20): NP18317-NP18340, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-34365836

RESUMO

Civil protection order legislation is the primary mechanism in each of Australia's eight jurisdictions' system-based response to domestic and family violence (DFV). There are many differences across the states' and territories' legislation, with each amended numerous times since their inception in the early 1980s. The latter is exemplified by the new Australian Capital Territory (ACT) legislative framework, the Family Violence Act 2016 (ACT) (the Act), which was introduced in 2017, following a number of high-profile intimate partner homicides. The aim of the Act was to better protect those who fear, experience or witness family violence (FV). This article reflects on whether that aim is being achieved, from the perspective of those with lived FV experience. We conducted in-depth interviews with eight people who identified as having lived experience (LE) with the Act. The open-ended questions were designed to elicit their observations, experiences, and suggestions concerning the black letter provisions and their implementation. The theme of safety emerged strongly as issues were revealed, including waiting for orders to be served, their duration, the exclusion of children, limits of the definition of FV, such as the omission of cultural and technology-facilitated abuse, as well as inadequate interagency cooperation and information sharing. Their reflections highlight that, while some improvements have indeed been made, there often remains a lack of protection for victims. Drawing on these experiences, we put forward recommendations for amendments to the current regime, which may further promote victim and community safety and reiterate the importance of listening to the voices of those at the coalface of experiencing FV.


Assuntos
Violência Doméstica , Violência por Parceiro Íntimo , Austrália , Criança , Violência Doméstica/prevenção & controle , Homicídio , Humanos , Violência por Parceiro Íntimo/prevenção & controle , Parceiros Sexuais , Sobreviventes
4.
Child Fam Soc Work ; 27(1): 67-78, 2022 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-34899029

RESUMO

Most of the research examining children visiting a parent in prison indicates that visits have a positive impact on children's well-being, their connection to the imprisoned parent and the parent themselves. However, the COVID-19 pandemic brought about a significant change to prison visits worldwide, with limits or bans on face-to-face contact. Understanding the experiences and needs of children during this period remains limited. This paper presents the findings of a survey of 84 carers of 184 children across Australia, investigating children's experiences of contact with their imprisoned parent both before and during COVID-19 restrictions. Although most carers reported maintaining contact during restrictions, a range of difficulties were noted: reduced availability; the effect of prison-based issues, including lockdowns; and the suitability of video/telephone visits for young children. Some described the benefits of videoconferencing, including reduced travel time and cost, and not needing to take children into a prison environment. Despite this, respondents typically described the negative impact of restrictions, and lack of physical contact, on children's emotional well-being. Our findings suggest that, for video visiting to be successful, it should be complementary to in-person visits, tailored to the needs of children, with support offered to families.

5.
Psychiatr Psychol Law ; 28(4): 560-575, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-35558146

RESUMO

This article presents data from questions about sex offender registration orders in a large national survey on Australian public opinion about adult sex offenders. It outlines the legislative frameworks that govern these registers in Australia and discusses the use of public registers, the research on the effectiveness of sex offender registers, and Australian attitudes to such registers. Our surveys of three cohorts of members of the Australian public reveal strong public support for sex offender registers, especially for cases involving child victims. However, there was also support for judicial discretion in the imposition of orders and reduced support for automatic registration where a non-custodial sentence is imposed. The Australian Government has recently announced the establishment of a national public sex offender register, but our findings show limited support for this approach. The implications for policy and practice are considered.

6.
Int J Offender Ther Comp Criminol ; 63(15-16): 2531-2549, 2019.
Artigo em Inglês | MEDLINE | ID: mdl-31195908

RESUMO

International research provides support for yoga as a well-being intervention in prison. No systematic research has been undertaken in Australia to assess the effectiveness of prison yoga programs. In 2017, the authors, in partnership with Australian Capital Territory (ACT) Corrective Services and the Yoga Foundation, introduced a weekly pilot yoga program at the ACT prison. This article presents quantitative and qualitative findings from the program. Although the small sample size (n = 8) is acknowledged, our findings indicate that participants attained statistically and clinically significant benefit from the program, demonstrated by improvements in their levels of depression, anxiety, self-esteem, goal-direction, negative affect, and non-acceptance. They also reported improved flexibility, sleep and relaxation, pain reduction, and identified improvements in their mental well-being, commenting that the program made them feel "calm" and "at peace." The article concludes by advocating for the expansion of such programs in Australian prisons and further research on such programs.


Assuntos
Saúde Mental , Prisioneiros/psicologia , Avaliação de Programas e Projetos de Saúde , Yoga/psicologia , Adolescente , Adulto , Austrália , Humanos , Masculino , Pessoa de Meia-Idade , Projetos Piloto , Prisões , Tamanho da Amostra , Inquéritos e Questionários , Adulto Jovem
7.
Int J Law Psychiatry ; 63: 26-34, 2019.
Artigo em Inglês | MEDLINE | ID: mdl-29958679

RESUMO

This article builds on the emerging understanding of Hawaii's Opportunity Probation with Enforcement (HOPE) probation when viewed through the lens of therapeutic jurisprudence (TJ). The article commences with recent conceptualizations of TJ through the metaphor and methodology of 'wine'/'liquid' and 'bottles' (Wexler, 2014). Next, the article presents an overview of how HOPE works and clarifies a number of misconceptions about the approach taken. The article then examines the potential of the principles underlying HOPE to help in realizing the promise of mainstreaming TJ. Specifically, it is argued that HOPE is more economical than drug courts and can reach far more people. It addition, it promotes procedural justice and desistance, is flexible and can be extended across the criminal justice system.


Assuntos
Esperança , Função Jurisdicional , Programas Obrigatórios/organização & administração , Programas Obrigatórios/tendências , Metáfora , Direito Penal/organização & administração , Direito Penal/tendências , Havaí , Humanos , Reincidência/tendências , Reforço Psicológico , Respeito , Responsabilidade Social , Detecção do Abuso de Substâncias/legislação & jurisprudência , Transtornos Relacionados ao Uso de Substâncias/reabilitação
8.
J Law Med ; 17(4): 532-55, 2010 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-20329456

RESUMO

This article examines the legal regulation of active voluntary euthanasia and assisted suicide in Australia. The Dying with Dignity Bill 2009 (Tas), which was recently defeated by the Tasmanian Parliament, is discussed, as well as other jurisdictions' past and present legislative developments in this context. The recent case law is also considered to ascertain how "mercy killing" or assisted suicide cases are dealt with by the criminal justice system, with particular reference to the case of R v Justins [2008] NSWSC 1194. This is followed by a critical evaluation of the key arguments for and against euthanasia. The article concludes by examining the significance of the Tasmanian Bill and the implications of such legislation.


Assuntos
Eutanásia Ativa Voluntária/legislação & jurisprudência , Direito a Morrer/legislação & jurisprudência , Suicídio Assistido/legislação & jurisprudência , Austrália , Humanos
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