NCJ Number
53507
Date Published
1978
Length
7 pages
Annotation
IT IS ARGUED THAT AUSTRALIA'S PAROLE OF PRISONERS ACT OF 1966 SHOULD BE ABOLISHED BECAUSE THE EXISTING SYSTEM LEADS TO UNFAIRNESS AND UNCERTAINTIES WHICH DEMORALIZE INMATES. DETERMINANT SENTENCING IS PROPOSED.
Abstract
THIS PAPER DISCUSSES THE ISSUE OF INDETERMINANT SENTENCING AS IT AFFECTS PRISONERS, PAROLEES, AND PROBATION AND PAROLE OFFICERS IN NEW SOUTH WALES. IT DESCRIBES A FEBRUARY 1978 CONFERENCE OF SENIOR PROBATION AND PAROLE STAFF WHICH RECOMMENDED 'AUTOMATIC PAROLE' AND A RETURN TO FULL JUDICIAL CONTROL OF SENTENCES. IT IS ARGUED THAT PAROLE ITSELF HAS NOT BEEN A FAILURE, RATHER, THE METHOD OF GRANTING PAROLE HAS FAILED. THE PAROLE ASSESSMENT PROCESS IS DESCRIBED, TOGETHER WITH ITS EFFECTS ON INMATES. IT IS CONCLUDED THAT PAROLE BOARD HEARINGS PRODUCE A GREAT DEAL OF ANXIETY, MAKING PRISON DISCIPLINE A PROBLEM. THE UNCERTAINTY OF THE PROCEDURE ALSO HINDERS RELEASE PLANNING. THE VALIDITY OF PAROLE BOARD ASSESSMENTS ARE OFTEN QUESTIONED, AND PAROLE STUDIES HAVE FOUND THAT THE BOARD'S PREDICTIONS OF 'DANGEROUSNESS' OFTEN HAVE NOT BEEN VALID. THE RATIONALE OF EARLY RELEASE FOR SOME INMATES BUT NOT OTHERS IS ALSO CRITICIZED. IT IS PROPOSED THAT THE JUDICIARY BE EMPOWERED TO DECIDE ON A DETERMINATE SENTENCE WITH SPECIFIC CONDITIONS FOR EARLY RELEASE CLEARLY SPELLED OUT. THIS WOULD GIVE BOTH THE PRISONER AND THE CRIMINAL JUSTICE SYSTEM STAFF A CLEAR UNDERSTANDING OF THE NATURE AND LENGTH OF THE SENTENCE, IT WOULD ELIMINATE THE VAST AMOUNT OF TIME NOW SPENT ASSESSING FOR PAROLE, IT WOULD FREE COUNSELORS TO HELP THOSE WHO TRULY WANT COUNSELING. PAROLE OFFICERS COULD FOCUS ON HELPING A PERSON RELEASED IN THE NORMAL COURSE OF THE JUSTICE SYSTEM PROCESS.