NCJ Number
66053
Date Published
1979
Length
22 pages
Annotation
PROBLEMS ASSOCIATED WITH AUSTRALIAN STATES PROCESSING FEDERAL OFFENDERS DERIVE PARTICULARLY FROM THE LACK OF UNIFORMITY.
Abstract
AS PRESENTLY STRUCTURED, THE ADMINISTRATION OF FEDERAL CRIMINAL JUSTICE PROVIDES THAT AUSTRALIAN STATE COURTS AND CORRECTIONAL FACILITIES BE USED IN THE PROCESSING AND DISPOSITION OF FEDERAL OFFENDERS. THIS PROCEDURE PRODUCES DIFFERENTIAL TREATMENT OF FEDERAL OFFENDERS IN VARIOUS STATES WHO HAVE BEEN CONVICTED OF VIOLATIONS OF THE SAME FEDERAL STATUTE. SENTENCING OPTIONS AVAILABLE TO JUDICIAL OFFICERS IN VARIOUS STATES DIFFER, AS DO PRISON CONDITIONS. ALSO, IMPRISONED FEDERAL OFFENDERS ARE CONFRONTED WITH WIDELY VARYING PAROLE AND REMISSION ELIGIBILITY REQUIREMENTS. THE CONCEPT OF FAIRNESS IN THE ADMINISTRATION OF JUSTICE REQUIRES THAT SOME REMEDY BE FOUND FOR THIS LACK OF UNIFORMITY IN THE TREATMENT OF FEDERAL OFFENDERS. THE AUSTRALIAN LAW REFORM COMMISSION IS CURRENTLY CONSIDERING THE ISSUES INVOLVED. ONE SUGGESTION FOR CHANGE IS THAT AUSTRALIA ADOPT A FEDERAL CRIMINAL JUSTICE SYSTEM OF COURTS AND CORRECTIONS SEPARATE FROM THE STATES, AFTER THE FASHION OF THE UNITED STATES. OPPONENTS OF SUCH A PROPOSAL ARGUE THAT THE NUMBER OF FEDERAL OFFENDERS DOES NOT WARRANT THE COST OF ERECTING A SEPARATE FEDERAL SYSTEM. ANOTHER APPROACH RECOMMENDS THAT THE FEDERAL GOVERNMENT ASSUME TOTAL CONTROL OF ALL CORRECTIONS, INCLUDING BOTH FEDERAL AND STATE OFFENDERS. THIS WOULD ENSURE UNIFORMITY OF OFFENDER TREATMENT THROUGHOUT THE COMMONWEALTH. A THIRD APPROACH STRIKES A MIDDLE-GROUND BY SUGGESTING FEDERAL INTERVENTION IN CERTAIN PRESCRIBED AREAS, SUCH AS THE ESTABLISHMENT OF MINIMUM STANDARDS FOR THE TREATMENT OF FEDERAL OFFENDERS, ABOLITION OR MODIFICATION OF PAROLE AND THE ESTABLISHMENT OF STANDARD REMISSION PERIODS FOR FEDERAL OFFENDERS, AND SENTENCE APPEALS TO THE FEDERAL COURT IN FEDERAL CRIMINAL MATTERS. TABULAR AND GRAPHIC DATA ON FEDERAL OFFENDERS AND OFFENSES ARE PROVIDED. (RCB)