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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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