SUBTRACTING INSULT FROM INJURY - AUSTRALIA

• NCJ Number: 63334
• Author(s): C R FOLEY-JONES; A B SMITH
• Date Published: 1977
• Length: 16 pages
• Corporate Author: Western Australia Dept of Corrections
• Sale Source: Western Australia Dept of Corrections
• Language: English
• Country: Australia
• Note: NO 15 OF THE DEPARTMENT'S RESEARCH AND INFORMATION SERIES PRESENTED TO AUSTRALIAN COUNCIL FOR CRIME PREVENTION AND AFTERCARE, NSW (NEW SOUTH WALES), 1977

Annotation

OPPOSITION TO IMPROVING PRISON CONDITIONS IN AUSTRALIA IS EXAMINED AND ATTRIBUTED TO THE FAILURE OF THE CRIMINAL JUSTICE SYSTEM TO PROVIDE COMPENSATION FOR VICTIMS OF CRIMES.

Abstract

THE TYPICAL AUSTRALIAN FEELS THAT CRIMINALS SHOULD BE EXILED TO A HARSH ENVIRONMENT IN ORDER TO BE PUNISHED, NOT REHABILITATED. ATTITUDES TOWARD PRISONERS IN SWEDEN, CANADA, AND THE UNITED STATES ARE DESCRIBED. BOTH AUSTRALIA AND THE UNITED STATES DENY PRISONERS MANY RIGHTS OF CITIZENSHIP AND CONTINUE THIS DISCRIMINATION BY REFUSING EMPLOYMENT TO PERSONS WITH CRIMINAL RECORDS. MODERN CRIMINAL LAW PROVIDES NO COMPENSATION FOR VICTIMS, AND LEGAL PROCESSES ARE OFTEN EMBARRASSING FOR THEM AND CAUSE FINANCIAL PROBLEMS. IN CONTRAST, VICTIMS OF AUTOMOBILE AND WORK-RELATED ACCIDENTS ARE AWARDED CASH SETTLEMENTS. IF VICTIM COMPENSATION BECOMES INTEGRATED INTO CRIMINAL LAW, THE PRISON SYSTEM WILL HAVE TO CONSIDER RESTITUTION PROGRAMS, IMPROVING THE EFFICIENCY OF PRISON INDUSTRIES, REDEFINING PRISONERS' RIGHTS IN AREAS SUCH AS MINIMUM WAGE, AND ESTABLISHING A SYSTEM OF COMPENSATION BASED ON EARNINGS FROM PRISON INDUSTRIES. UNTIL THE PUBLIC FEELS THAT CRIMINAL LAW EFFECTIVELY REDRESSES WRONGS, STRONG OPPOSITION TO IMPROVING PRISON CONDITIONS IS LIKELY TO CONTINUE. REFERENCES AND NOTES ON RESTITUTION PROGRAMS ARE APPENDED. (MJM)