NCJ Number
45792
Journal
Australian and New Zealand Journal of Criminology Volume: 10 Issue: 4 Dated: (DECEMBER 1977) Pages: 205-215
Date Published
1977
Length
11 pages
Annotation
TO DETERMINE WHAT TYPE OF IMPRISONMENT FACILITY SHOULD BE BUILT IN THE AUSTRALIAN CAPITAL TERRITORY (ACT), A STUDY COMPARED SPECIFIED IDEAL SENTENCES WITH THE ACTUAL SENTENCES IMPOSED ON 42 OFFENDERS IN 1974.
Abstract
IT WAS FELT THAT THE HARDSHIPS IMPOSED ON PRISONERS BY TRANSFER FROM THE ACT TO NEW SOUTH WALES DUE TO THE LACK OF SUITABLE FACILITIES WERE DETRIMENTAL TO REHABILITATION. TO AID IN PLANNING AN ACT PRISON FACILITY AND TO ASSESS ACT PRISON NEEDS, EIGHT (OF 10) MAGISTRATES IN CANBERRA WERE ASKED TO SPECIFY IDEAL SENTENCES FOR THOSE CASES THEY HEARD IN WHICH THE ACTUAL SENTENCE WAS IMPRISONMENT. DURING 1974, 42 PERSONS WERE SENTENCED TO PRISON. FOR 26 OF THESE OFFENDERS, THE ACTUAL SENTENCE DIFFERED FROM THE SPECIFIED IDEAL SENTENCE. AN ADDITIONAL 16 FOR WHOM NO FORMS WERE COMPLETED WERE SIMILAR ENOUGH IN OFFENSE AND ACTUAL SENTENCING TO BE MATCHED FOR A PROBABLE IDEAL SENTENCE. THE SPECIFIED IDEAL SENTENCES INDICATED THAT LESS THAN 20 PERCENT OF THOSE SENT TO PRISON ARE THOUGHT BY SENTENCERS TO REQUIRE SECURE IMPRISONMENT. A COMPILATION OF THE CHARACTERISTICS, OFFENSES, NUMBER AND TYPE OF PREVIOUS CONVICTIONS, AND PREVIOUS IMPRISONMENTS OF OFFENDERS FOR WHOM IDEAL SENTENCES WERE SUGGESTED IS PRESENTED IN TABULAR FORM. WHILE THERE IS CONSIDERABLE VARIATION IN THE IDEAL SENTENCE FOR THE TYPE OF PRINCIPAL OFFENSE, IN GENERAL, A RURAL OPEN PRISON IN THE ACT WAS CONSIDERED APPROPRIATE FOR SERIOUS ASSAULT, DRUNK DRIVING, DRIVING WHILE SUSPENDED, FRAUD, HOUSEBREAKING, BREACH OF BOND, LARCENY, AND ROBBERY; A WORK-RELEASE HOSTEL WAS RECOMMENDED FOR LARCENY, RECEIVING STOLEN GOODS, AND HOUSEBREAKING; A SECURE ACT PRISON WAS SUGGESTED FOR INDECENT ASSAULT/RAPE, DRUNK AND RECKLESS DRIVING, CAR THEFT, AND MINOR ASSAULT; AND WEEKEND DETENTION WAS RECOMMENDED FOR DRUNK DRIVING. THESE DATA, TAKEN AT FACE VALUE, SUGGEST THAT A MINIMUM-SECURITY PRISON FARM OR FORESTRY CAMP MIGHT BE THE TYPE OF FACILITY MOST IN DEMAND. HOWEVER, A LACK OF FAMILIARITY WITH ALTERNATIVES SUCH AS COMMUNITY WORK ORDER, WORK-RELEASE HOSTELS, AND WEEKEND DETENTION CENTERS MAY ACCOUNT FOR THIS RESULT, FOR WHEN INTERVIEWED THE MAGISTRATES ALL EXPRESSED STRONG APPROVAL OF THESE ALTERNATIVES. OF THESE SCHEMES, THE WORK-RELEASE PROGRAM APPEARS TO HAVE A HIGH SUCCESS RATE IN REDUCING RECIDIVISM. IMPLEMENTATION OF SUCH A PROGRAM MAY REDUCE THE NEED FOR A MINIMUM SECURITY FACILITY, AND WOULD PROBABLY BE USED BY SENTENCERS IN THE ACT IN PREFERENCE TO INCARCERATION IF IT WERE AVAILABLE. WHILE THE OTHER SENTENCING OPTIONS WERE CONSIDERED DESIRABLE BY THE MAGISTRATES, PAST EXPERIENCE INDICATES THESE MAY BE USED AS AN ALTERNATIVE OR ADDITION TO NONINSTITUTIONAL TREATMENT. A LISTING OF POSSIBLE IDEAL SENTENCING OPTIONS IS INCLUDED. (JAP)