Sentencing the Stalker (From Stalking: Criminal Justice Responses, P 1-9, 2000, Australian Institute of Criminology -- See NCJ-188298)

• NCJ Number: 188315
• Author(s): Ian Freckelton
• Date Published: 2000
• Length: 9 pages
• Sale Source: Australian Institute of Criminology
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: Australia
• Note: Paper from the conference, "Stalking: Criminal Justice Responses," organized by the Australian Institute of Criminology, December 7-8, 2000, in Sydney. Downloaded May 14, 2001

Annotation

This paper explores the various factors that impact on the imposition of sentences for those found guilty of stalking in Australia, and it analyzes some of the few appellate decisions on this subject.

Abstract

The sentencing of persons found guilty of stalking must take into account the intention and the mental state of the offender. Some stalkers commit their offenses with the intent of inflicting maximal amounts of trauma and distress upon their victims. Others who engage in stalking behavior, however, have no such intention, and may be unaware of the distress they are causing their victims. Some stalkers violate anti-stalking laws during an irrational, transitional period connected to the emotionally disruptive ending of a relationship with the stalking victim; and other stalkers' behavior stems from a mental illness that significantly impairs their capacity for responsible judgment. Those who sentence stalkers must take into account all of the factors that bear on the intent and mental state of the stalker. Generally, such information should come from a psychiatrist or psychologist who has treated or at least forensically assessed the offender. The ultimate responsibility of the sentencer is to issue a sentence that is likely to protect the community. When the culpability of the offender is severe, the sentence should reflect this. For other stalkers, however, the intent of the stalker may not pose a serious threat to the victim, and the criminal justice processing in itself may create an awareness in the stalker of the impact of his/her behavior on the victim. Less severe sentences coupled with rehabilitation may be appropriate in such cases. For stalkers with serious psychiatric illness that has influenced their conduct, rehabilitation in the context of appropriate incapacitation would be appropriate.