An examination of the relationship between sentencing law and policy as it has evolved in Victoria over more than a century. In this major addition to the Australasian Studies in Criminology Series, the authors outline the relationship between sentencing reform and penal change: how sentencing systems develop and operate; how and why certain sanctions are created, how they are implemented and how they interact with each other. The authors argue that legislative sentencing reform and its effects can only be understood as one element in a larger set of institutional, political and demographic factors which influence the criminal justice system as a whole. They draw comparisons with other Australian States and experience overseas where their findings and analysis have great relevance.
This book explores victims’ views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims’ voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.
Regulation in Australia is the successor to Freiberg's well-received title The Tools of Regulation published in 2010. This substantially enlarged work adopts an expansive approach to government regulation, viewing it as an arm of public policy that provides an understanding of what governments do and how they do it, rather than as a technical exercise in rule-making and compliance.Over 17 chapters, Regulation in Australia provides a comprehensive analysis of the nature of regulation, its historical origins in Australia and its development over the past two centuries, why governments regulate and who regulates whom at the federal, state and local government levels.Management of the regulatory process, the principles of good regulation and red tape in regulation are examined. The role of soft law, prescriptive, performance-based and principle-based regulation, as well as the use of rewards and incentives in regulation is also explored. How governments use economic, transactional informational and structural regulatory tools and authority tools is extensively discussed. The book examines why people or organisations do or do not comply, what enforcement measures can be used in the event of non-compliance and broad regulatory strategies used by governments.Regulation in Australia provides an accessible introduction to regulation which is firmly grounded in Australian law and practice. It will appeal to regulators, policy makers, lawyers and students of regulation.
This book explores key issues in relation to parole and public opinion, including the relevance of public opinion to parole boards decision-making and strategies for increasing public confidence in parole. It presents the findings of semi-structured interviews with 80 members of parole authorities in 12 jurisdictions, across Australia, New Zealand, Canada and Scotland. Unlike judicial processes, which are open to the public, there is little awareness of and research on the work of parole authorities. This book therefore shines a light on a little-understood, but hotly-contested, aspect of the criminal justice system. Specifically, it explores differences across the study jurisdictions and considers how parole authorities in the four study countries view public attitudes, as well as the role of the media in shaping public attitudes towards parole. The book also considers whether public reaction matters for parole board decision-making and the interplay between informing the public and offender reintegration. It explores a range of strategies which may improve public confidence in parole and therefore the criminal justice system more broadly. This includes consideration of the value, definition and possibility of public confidence. The authors then discuss both passive forms, such as parole authority websites, publication of decisions and social media, before examining active forms of engagement, including an information/liaison officer, roadshows and community fora.
Good policy is all very well but it is meaningless without good execution. The Tools of Regulation focuses on execution: what processes and tools are available to government regulators to achieve regulatory outcomes? Six broad approaches are adopted to analyse and classify regulatory tools: economic, transactional, authorisational, structural, informational and legal. These tools not only include the traditional 'command and control' statutory methods, but also taxes and charges, subsidies, licences, accreditations, contracts, grants and information campaigns as forms of regulation. Regulation, under this conception, is not just about enforcement but about the prosaic, day-to-day factors that operate to influence behaviour and produce regulatory outcomes. These factors form the 'webs of influence' that operate at different times and in different contexts to produce 'normal' behaviour. These influences include market forces, social norms, ethics, codes of conduct and practice, guidelines, standards, business processes and technological constraints. Regulation is as much about regularity as it is about deviance. For a busy practitioner, regulator or regulatee or novice scholar the theoretical literature can be challenging and obscure. This book provides them with a practical, simple and accessible guide to modern regulation in whatever field of regulation they are interested.
Fox and Freiberg have written a comprehensive book on federal and state law relating to the sentencing of offenders in the state of Victoria, Australia. In providing such a guide, the authors have meticulously brought together a wealth of statutory and case law material including the extensive recent amendments to the statutes regulating the sentencing powers of the criminal courts. Sentencing in Victoria: State and Federal Law is a significant advance in the jurisprudence of sentencing in Australia and will be an essential reference for those in the field.
Examples of theft and fraud in relation to superannuation funds are slowly emerging in Australia. This paper examines the potential problems and the types of regulatory response. Frieberg argues that despite Australia's good record in this area, the onus is on members of the public to be vigilant and check statements and reports. Law enforcement agencies also need to be aware and develop techniques to combat this particular form of white collar crime.
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United KingdomIt examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.It identifies the common themes, values and principles that bring these disparate theories and practices together and explicates them for practitioners, courts and students. It examines the implications of these changes for legal practice, the courts and legal education.This second edition discusses recent developments in non-adversarial justice that have seen the expansion of therapeutic jurisprudence into new areas of the law and changes in judicial practices, the expanding use of restorative justice and the waxing and waning of problem-oriented courts across Australia. It provides up-to-date information about the increasing number of evaluations of non-adversarial programs and the changing nature of legal and professional education in the light of these new theories and practices.
This report identifies what elements make an institution 'child safe', based on the opinions of a panel of experts. An adapted Delphi Study was used to obtain advice, opinion, and consensus from a panel of independent Australian and international experts - including academics, children's commissioners and guardians, and industry experts and practitioners - regarding the key principles, elements and sub-elements of child safe organisations.
This book explores key issues in relation to parole and public opinion, including the relevance of public opinion to parole boards decision-making and strategies for increasing public confidence in parole. It presents the findings of semi-structured interviews with 80 members of parole authorities in 12 jurisdictions, across Australia, New Zealand, Canada and Scotland. Unlike judicial processes, which are open to the public, there is little awareness of and research on the work of parole authorities. This book therefore shines a light on a little-understood, but hotly-contested, aspect of the criminal justice system. Specifically, it explores differences across the study jurisdictions and considers how parole authorities in the four study countries view public attitudes, as well as the role of the media in shaping public attitudes towards parole. The book also considers whether public reaction matters for parole board decision-making and the interplay between informing the public and offender reintegration. It explores a range of strategies which may improve public confidence in parole and therefore the criminal justice system more broadly. This includes consideration of the value, definition and possibility of public confidence. The authors then discuss both passive forms, such as parole authority websites, publication of decisions and social media, before examining active forms of engagement, including an information/liaison officer, roadshows and community fora.
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
This book explores victims’ views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims’ voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.
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