This article originally appeared in the Herald-Sun on 30 October 2018.
Earlier this year, two women were convicted of assaulting a paramedic but avoided prison after a judge found there were special circumstances justifying a more lenient punishment. The Victorian public were outraged.
Although the Government tightened the laws around offences against emergency services workers, the public’s confidence in the courts had already been shaken. This is a problem because Australians have consistently reported low confidence in the courts, especially their protection of victims’ interests.
Any one of us could be a victim of crime, and if that happens, we need to know that the standards applied by the courts will be in line with our community values. We need to trust that the courts have the same idea of justice that we have.
To hold judges to this expectation, when a sentence for a serious crime is unjustly lenient, victims should be able to direct the Director of Public Prosecutions (DPP) to seek leave to appeal the sentence.
This article first appeared in the October 2018 IPA Review. Slight revision by author, November 2018. It is a review of Patrick Deneen’s Why liberalism failed, Jonah Goldberg’s Suicide of the west, and Roger Scruton’s Conservatism: an invitation to the great tradition. Links included in the piece.
In a famous essay, the economist FA Hayek disassociated himself from conservatism. Despite admiring figures like Adam Smith and Edmund Burke, both frequently cited as conservatives, Hayek believed conservatism was simply an unprincipled opposition to change. Conservatism, he argued, accepts that political and social institutions emerge over time through trial and error, but then arbitrarily forecloses on this process. This lack of principle means conservatives cannot persuade anyone not already disposed to agree with them. Ultimately, conservatism is ‘obscurantist’, always falling back upon ‘a claim to superior wisdom, based on some self-arrogated superior quality’, and, contentless as it is, fated always to ‘be dragged along a path not of its own choosing’. Given Hayek’s profound influence on centre-right politics, the challenge for conservatives ever since has been to articulate a systematic explanation of which institutions are deserving of support or reform, and when change ought to be opposed altogether.
This challenge has renewed relevance with the rise of populist movements in the United States and the United Kingdom, and the illiberal direction taken by Poland and Hungary. On one reading, populism validates the political scientist Samuel Huntington’s view that conservatism is simply a perennial argument in favour of the status quo that emerges whenever a significant segment of a society begins to lose faith in its ruling ideology. Populists are reacting to rapid change brought about by globalisation, immigration, and technological innovation. But another way of viewing the current situation is that conservatism is coming back into its own as an ideology, shedding the liberal arguments that it adopted for the Cold War and presenting its own unique vision.
This is the media release for my October 2018 report, Victim appeal: how to address manifestly inadequate sentences.
“Australians deserve to have courts they can trust to always apply common sense standards of justice,” said Andrew Bushnell, Research Fellow at the Institute of Public Affairs.
“Giving victims the right to direct an appeal against manifestly inadequate sentences will help to restore the public’s confidence in the courts,” said Mr Bushnell.
New research from the IPA’s Criminal Justice Project finds that Australians have consistently reported low confidence in the performance of the courts, and there is reason to believe that this is, in part, based on rare but high profile cases in which judges hand down sentences that depart from normal community standards.
This piece originally appeared in the Spectator Australia in July 2018.
When I lived in Sweden, I would watch football with my Swedish mate Rob and struggle with some of the Swedish players’ names. Even now, I cannot roll an ‘r’, let alone roll one into the Swedish ‘g’, as in the common name ‘Berg’—which sounds more like our word ‘berry’ than something into which you might crash a ship. Once, Rob asked, perhaps redundantly, why English commentators never try to say Swedish names properly. I could only tell him that most people don’t know they are saying the names incorrectly, and even if they did know, they would likely pronounce them about as well as me. Being Swedish, Rob found this reasonable. Others, apparently, do not.
Last week, a minor controversy broke out over the way that SBS World Cup presenter Lucy Zelic pronounces players’ names. Following the example of the iconic Les Murray, Zelic often says the names as would native speakers. For this she has been subjected, shamefully, to abuse on social media. Zelic is an excellent professional, who clearly studies the players and the game very closely. Her decision to pronounce the players’ names as she does is not inherently objectionable. However, in response to the criticism, Zelic and her co-host, former Socceroo Craig Foster, moved from the reasonable view that a commentator should know the players’ names to implying the country as a whole needs a multicultural education and everyone should aspire to know all the names of the world. Foster said that Zelic’s pronunciation is ‘what SBS is about… respecting every culture’. He went on, ‘If you can’t get someone’s name right, you’ve got no regard [for him or her]’. Zelic added that the criticism means it is time for SBS to ‘re-educate a different audience’. But this suggestion that respect for others demands native, rather than anglicised, pronunciation is far too high a standard.
This is the media release for my May 2018 research report, Making community corrections work.
“Community corrections is growing rapidly, and we need to act now to make it more effective. One way to do this is to get community-based offenders into more meaningful work by permitting businesses to offer community service opportunities,” said Andrew Bushnell, Research Fellow at the Institute of Public Affairs.
The latest report from the IPA’s Criminal Justice Project, Making Community Corrections Work, released today, provides a national overview of community corrections and outlines how community service, as the chief component of community corrections, can be made more effective through the involvement of commercial businesses.
“With community service becoming a greater part of our criminal justice system, a reconsideration of how we punish criminals in the community is overdue,” said Mr Bushnell.
This piece originally appeared in the Herald-Sun on 16 April 2018.
The decision by the Victorian Government to spend $225 million of taxpayers’ money on renovating Etihad Stadium is corporate cronyism of the highest order, and inseparable from the AFL’s recent lamentable Left-wing turn.
This piece originally appeared in The Australian on 6 April 2018. It is about the Australian Law Reform Commission’s Pathways to Justice report, which can be found here. It draws on my research on Indigenous incarceration, which can be found here.
The exceptionally high rate of incarceration among indigenous Australians requires a policy response that does not compromise equality before the law or community safety.
Over the past decade, the national prison population rose by 43 per cent, with more than a third of this growth the result of more indigenous Australians being incarcerated. Indigenous Australians are incarcerated at 12.5 times the rate of the non-indigenous. This statistic should be read against a complex background of higher offending rates, including higher rates of violent offending, and under performance on all metrics of socio-economic wellbeing.
This issue is back on the national agenda following the release last week of the Australian Law Reform Commission’ report on indigenous incarceration, Pathways to Justice. This is a welcome contribution to the debate around criminal justice reform in Australia.
Unfortunately, however, the report makes some recommendations that would undermine the bedrock principle of equality before the law. There are policy options available to governments that do not infringe on this principle, some of which are also recommended in the report, and these should be preferred.