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

journal contribution
posted on 2023-05-21, 10:21 authored by Henshaw, M, Lorana BartelsLorana Bartels, Hopkins, A
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.

History

Publication title

University of Western Australia Law Review

Volume

45

Pagination

107-136

ISSN

0042-0328

Department/School

Faculty of Law

Publisher

University of Western Australia

Place of publication

Australia

Repository Status

  • Restricted

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