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Set up to fail? Examining Australian parole compliance laws through a therapeutic jurisprudence lens

Citation

Henshaw, M and Bartels, LM and Hopkins, A, Set up to fail? Examining Australian parole compliance laws through a therapeutic jurisprudence lens, University of Western Australia Law Review, 45, (1) pp. 107-136. ISSN 0042-0328 (2019) [Refereed Article]


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Abstract

With growing prisoner and parole numbers, Australia is demonstrably failing to reduce recidivism and facilitate desistance from crime. This paper examines Australia's parole compliance regime through the lens of therapeutic jurisprudence ('TJ'), which we argue provides a valuable perspective for understanding how these laws can operate to break or further entrench the cycle of recidivism. Our analysis indicates that these laws are not currently 'TJ-friendly', as parole boards have little engagement with offenders, breaches of parole conditions are often subject to disproportionate responses and there is no legislative obligation for jurisdictions to integrate support services for parolees.

Item Details

Item Type:Refereed Article
Keywords:restorative justice, hope probation, drug court, desistance, opportunity, recidivism, prisoners, offenders, sanctions, programs
Research Division:Law and Legal Studies
Research Group:Commercial law
Research Field:Banking, finance and securities law
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Bartels, LM (Ms Lorana Bartels)
ID Code:151592
Year Published:2019
Deposited By:Office of the Faculty of Law
Deposited On:2022-08-02
Last Modified:2022-08-02
Downloads:0

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