Therapeutic sentencing options by Bernd Meyer https://padlet.com/bmeyer1961/r53cl3n7noc9 What are some of the options available to magistrates and judges to use problems solving courts to attempt to restore justice by using therapeutic and diversionary options instead of imprisonment. Propose options, discuss advantages, highlight any disadvantages or simply agree by adding extra commentary and information. en-us 2020-04-02 10:02:29 UTC 2020-04-07 02:35:54 UTC hello@padlet.com https://padlet.net/icons/png/1f393.png bmeyer1961 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/489980037 The government is pushing ahead with abolishing suspended sentences despite advice from the Sentencing Council, magistrates, legal personnel so that the Government can be seen to be tough on crime to pander to the collective view of society that something must be done to make our community a safer place.]]> 2020-04-02 21:43:18 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/489980037 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490009557 This is some research about suspended sentencing in Tasmania with some facts about who gets them, and some assessments about how they could be better utilized. The research is 2007, so it's a bit outdated, but still relevant in terms of how suspended sentences could be changed for better. The research mainly shows how suspended sentences are used, results show that suspended sentences are the result of more than 50% of cases where the offender has no priors or has previously received a non-custodial order. Surprisingly for offenders who have previously received a suspended sentence results from this research show that almost 50% get another suspended sentence as a result of the case. The research as well shows the re conviction rates of  different types of sentences given.                     -  imprisonment 78% reoffend 21% do not                                                                                                                                           - any type of suspended sentence (e.g partly or wholly) 51% reoffend 49% do not                                                                     - non-custodial order 31% reoffend 69% do not                                                                                                         this research shows that orders focused on rehabilitation work best at keeping prisoners in line and out of the judicial system. but obviously some offenders need to be sentenced with custodial orders to uphold the aims of sanctions, punishment, detterance and denunciation, but where possible suspended sentences and imprisonments should be avoided. The research also shows that suspended sentences aren't as efficient as they should be, with 50% reoffending, this means suspended sentences are keeping criminals on the streets and putting the public in danger. - JAMES]]> 2020-04-02 22:11:58 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490009557 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490019737 A suspended sentence is beneficial to our justice system as it delays a sentence until they commit another crime. This is beneficial to the offender as it gives them a second chance, and further motive to not commit another crime. It gives incentive to stay out of future trouble and to distance themselves from bad influences. It also benefits the court as it saves costs and resources on imprisonment when it is often unnecessary. The court may issue a suspended sentence if it is the offender's first offence and it is not likely they will offend again. Studies have shown that offenders who receive suspended sentences are less likely to reoffend than those who go straight to prison. - Poppy]]> 2020-04-02 22:23:37 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490019737 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490024188 Some sentencing options in Tasmania include a collaberation between a drug treatment order and a suspended term of imprisonment, so the court can impose a sentence of years in imprisonment but can defer the term of imprisonment while the offender undergoes treatment\supervision. This option is particular useful as the suspended sentence gives the offender an appropriate warning and is a way of dealing with offenders who breach the conditions of sentences.      -Emily]]> 2020-04-02 22:28:52 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490024188 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490024370 Imprisonment has a high reoffending rate which means a lot of money and time is wasted in criminals who will often be reconvicted. Furthermore, imprisonment does little for the offender as rehabilitation is rarely served and criminals will often learn from one another and leave prison worse than they started. Imprisonment not only affects the lives of the offender, but also their families and wider community. Imprisonment is expensive, and in 2015 the average Australian prisoner costed $100,000 per year. Many, but not all, prisoners would be better suited to rehabilitation and other forms of ‘punishment’, that allows them for a second chance and also to rebuild and improve their lives as well as their community - Alayna]]> 2020-04-02 22:29:05 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490024370 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490028999 The purpose of sentencing is to promote consistency of approach in sentencing and to provide fair procedures when imposing sanctions. Taking into consideration the purposes of criminal sanctions which are punishment, rehabilitation, deterrence, protection, and denunciation imposing a sentence such as imprisonment does not meet all purposes of criminal sanctions (although in some cases it may be suitable for the crime committed.) When found guilty of committing a crime often imprisonment is seen as the last resort. Although imprisonment can punish the accused, protect the community, cause both general and specific deterrence as well as denunciation it does not allow for rehabilitation. By not providing rehabilitation programs whilst in prison often influences of other prisoners can lead to further crimes. In Tasmania, statistics show that when sentenced to imprisonment the likeliness of re-offending extremely high. Therefore, imprisonment is not always a suitable conviction as it is often more ineffective than effective when sending someone to prison. - Chelsea ]]> 2020-04-02 22:34:05 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490028999 bmeyer1961 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490029714 Here is the document that I summarised that is at the bottom of the Self Paced Learning Module 2
 Therapeutic and diversionary sentencing in Tasmania.docx 
I hope that works]]> 2020-04-02 22:34:58 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490029714 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490030458 It’s important to note that in this case we are talking about the ineffectiveness of prison as promoting rehabilitation. Imprisonment is effective in fulfilling protection of the community/incapacitation which is a purpose of sanctions, but in fulfilling rehabilitation, another purpose of sanctions, imprisonment falls short. - Katie

]]> 2020-04-02 22:35:52 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490030458 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490030884 Whilst imprisonment is effective in the means of protection of the community and denunciation, it has proven to do little for the rehabilitation of an offender, meaning they are likely to reoffend when they are released. In fact, studies have shown that imprisonment increases the likelihood of one reoffending. It is also common for inmates to become homeless when released as they commonly lose housing and their job whilst being in prison. Imprisonment is also not a deterrent for committing crimes as it is committing is usually impulsive and of irrational decision making. - Poppy]]> 2020-04-02 22:36:25 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490030884 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490030954 Drug Diversion programs in Tasmania allow a Magistrate to divert an eligible offender into a drug treatment program that address their drug issues. It is available at all Magistrates Courts in Tasmania and the laws that govern the program are in the Sentencing Act 1997. Programs like these focus on treatment and support; they assist people in addressing mental health or cognitive disability that contribute to their relation in breaking the law, they also help improve community safety and attempt to reduce reoffending. - Alayna]]> 2020-04-02 22:36:31 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490030954 bmeyer1961 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490031854  

Why do we need diversionary programs? 

Why do we need drug courts? We note and endorse the following findings of the recently released report, Australia's Criminal Justice Costs: An International Comparison.  

·       The report, released by conservative think tank the Institute of Public Affairs (IPA) on 8 August 2017, concluded that despite spending an estimated $16 billion a year on our criminal justice system, Australians feel less safe than the citizens of many comparable countries. 
·       Author Andrew Bushnell said his research indicated that Australian prisons, despite being the fourth most expensive among 29 OECD countries, were ineffective in correcting criminal behaviour. The Australian prison population of 36,000 is up 39% from a decade ago. 
·       The report advocates evidence-based reforms, including locking up only the most dangerous criminals and dealing with non-violent, low-risk offenders by way of home detention, community service, fines, and restitution orders. 
Source
]]> 2020-04-02 22:37:35 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490031854 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490032777 Rehabilitation does not take place when imprisonment is sentenced due to factors within the prison and once they leave. 54% of offenders exit prison into homelessness, and 78% exit into unemployment. If offenders haven’t reached a point of rehabilitation while in prison, exiting into homelessness and unemployment will not encourage rehabilitation either. - Katie]]> 2020-04-02 22:38:48 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490032777 Drug Treatment orders https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490033097  - The link provides a quick summary of drug treatment orders, from the long version on the the Tasmanian Legislature site. 
Drug treatment orders are a great therapeutic sentencing option for offenders who have issues surrounding drug useage. The primary aim of drug treatment orders is to improve the lives of offenders and rehabilitate them back into society. 

Drug treatment orders are a great way to keep offenders out of the judicial system. But a lot of time, effort and resources has to be put into them for drug treatment orders to work. Housing has to be offered, regular court appearances employment services, councelling etc. etc. 
- JAMES]]> 2020-04-02 22:39:13 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490033097 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490033428 Prisoners who are only in for a short time often aren’t eligible for rehabilitation programs, but they still get the negative effects of going to prison. This results in their imprisonment time being unproductive in terms of rehabilitation and provides the example of where suspended sentences provide the same amount of retribution and deterrence to the offender as prison time looms over their head but gives them time and opportunity to seek rehabilitation. - Katie]]> 2020-04-02 22:39:35 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490033428 What is therapeutic justice? bmeyer1961 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490034595 The most recent Annual Report of the Magistrates’ Court of Tasmania makes the following comments about the therapeutic jurisdiction relating to activities in the areas of problem-solving justice.  This approach to justice requires courts to acknowledge that rather than simply processing cases, the court system should be concerned with taking approaches in an attempt to address the problems that lead to a person’s appearance in court, and work to change offender behaviour and improve public safety where appropriate.

Currently the Magistrates Court takes this approach in the following areas:
  • Court Mandated Drug Diversion (CMD) program;
  • Diversion List (DL);
  • Family Violence Lists;
  • Youth Justice Specialist List.
The Court continues to work to improve collaboration between participants in these problem-solving justice approaches, learning from and building on what has been achieved in previous years.

The Court relies on the support and expertise of other organisations to ensure the success of the problem-solving courts.   In particular, assistance is provided by Community Corrections, Forensic Mental Health Services, the Defendant Health Liason Service, Youth Justice, Legal Aid Commission of Tasmania, specialist Police prosecutors, and non-government support services.
More background is below

]]> 2020-04-02 22:40:57 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490034595 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490035351 Seen as the second most server sentence on the hierarchy of sentencing in Tasmania, Suspended sentences are a beneficial and effective method of punishment. Meeting all purposes of criminal sanctions, the main idea of suspended sentences is to provide offenders who are found guilty with a second chance. This second chance allows for the offender to undertake in rehabilitation and become a responsible member of the community whilst being deterred from re-offending due to the sentencing be suspended. Often those who are given a suspended sentence are less likely to re-offend providing beneficial outcomes for the community as well as the courts as it saves time and resources. - Chelsea ]]> 2020-04-02 22:41:54 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490035351 Home Detention in Tasmania bmeyer1961 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490037697 Home detention orders allow courts to impose custodial sentences that allow offenders to get their lives on track and become productive members of society.

What does home detention entail?

A home detention order may be made for a period of up to 18 months. A home detention order is subject to certain core conditions. These are:

]]> 2020-04-02 22:44:45 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490037697 Home Detentions https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490039646 One effective type of therapeutic treatment order is a home detention. A home detention may be for a period up to 18 months, and are imposed under certain conditions. These include submitting to drug/alcohol testing and electric monitoring, engaging in required counselling or treatment, permit the police to search the premises, and comply with probation officers. This sentence allows the offender to get their lives back on track, whilst still showing denunciation and protection to the community.
- Poppy]]> 2020-04-02 22:46:59 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490039646 There are concerns regarding the difficulties in implementing a more therapeutic approach to justice as there may be limited treatment and support resources within the community, therefore referring people in these cases to treatment or support will not be beneficial nor effective if the necessary resources are not available to assist the offender. However, a particular approach to this issue includes identifying a personnel member who can follow up on finding appropriate service providers for an offender and asking them to facilitate any referrals. For example, a lawyer, and as an sidenote, it is important to include a lawyer in a therapeutic approach as Magistrates run the potential risk of deskilling lawyers if the magistrate or the court does too much. https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490041994 2020-04-02 22:49:50 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490041994 Programs https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490042804 Problem-solving programs are becoming an effective tool in the legal system. While Australia seems to be spending $16 billion a year on criminal justice, it is not having the effect the money should be buying. Programs such as Court Mandated Drug Diversion program, Diversion List, Family Violence List and Young Justice Specialist List are all programs used to rehabilitate, support and care and from both offenders and victims. While criminals of the justice system should be punished for their actions, imprisonment is not the only option and does not always better the community, victims or offender. DTO’s are a perfect example of an alternative sentencing option to assist those with drug addictions that contribute to significant reoffending. MHDL which focusses on mental illness, intellectual disability or acquired brain injury who appear in lower courts. The Youth Court is also an effective and therapeutic measure used to approach young offenders and help assist and refer them to relevant services (e.g. education and family support services). Family Violence Lists are another therapeutic approach in dealing with family violence, that support the offender and the victim. -Alayna]]> 2020-04-02 22:50:46 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490042804 The benefits of imprisonments are very few has an individual has a much higher chance of re-offending again. Not only this but there is also a higher chance of negative influence from other inmates that could potentially worsen the individuals mind set and offense. Imprisonment also has an impact on the younger individuals and children within the offenders family or community that could lead to a cycle of offense from the younger ones who are coming up. It can also take the breed-winner of the family making circumstance more difficult for the individuals family. https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490045719 -Blessing 


]]> 2020-04-02 22:54:32 UTC https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490045719 https://padlet.com/bmeyer1961/r53cl3n7noc9/wish/490047523 In the Sentencing Advisory Council Tasmania’s: Mandatory Treatment for Drug and Alcohol Offenders Research Paper No.2, under 2.4.1 EFFECTIVENESS OF DRUG AND ALCOHOL REHABILITATION PROGRAMS they state

‘Evidence indicates that community-based drug abuse treatment can reduce drug use and offending, with research indicating that drug courts are effective in reducing recidivism for adult offenders.’

‘Therapeutic communities in the prison context are where a group is separated from the general prison population’ These sorts of programs can take 6-12 months, the model aims to address the larger psychological problems beyond their drug dependence. 

In summary they state ‘Therapeutic communities have been found to reduce reoffending upon release and also to reduce drug use. Community-based therapeutic communities have been effective in reducing criminal behaviour.’ 

Source:

https://www.sentencingcouncil.tas.gov.au/__data/assets/pdf_file/0016/400147/SAC-Research-Paper-No.-2-Mandatory-treatment-for-alcohol-and-drug-affected-offenders.pdf

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