It Is Time For Criminal Justice Reform In WA

This is the media release for my research brief Why Western Australia needs criminal justice reform.

“The rapid growth of incarceration in Western Australia is imposing significant costs on taxpayers without improving community safety,” said Andrew Bushnell, Research Fellow at the Institute of Public Affairs.

“Parliament should act now to reform the criminal justice system by expanding alternatives to incarceration for nonviolent offenders and emphasizing the importance of employment for offender rehabilitation.”

Mr Bushnell leads the IPA Criminal Justice Project, a research project focused on the costs of incarceration and how governments can more effectively reduce crime. He is the author of a Parliamentary Research Brief, Why Western Australia needs criminal justice reform, which was distributed today to Western Australian State Parliamentarians.

“The number of people in Western Australia’s prisons has risen 55 percent in the past decade, and the incarceration rate is now the highest among Australian states, with highest rates of all Australian jurisdictions for both Indigenous and non-Indigenous people.”

“Over this period, spending on prisons has risen an estimated 45 percent, to $596 million, and this does not include capital works spending, like the expansion of Casuarina Prison.”

In response to these unsustainable trends, the brief recommends the expansion of alternatives to incarceration, like community service, home detention, fines, and restitution orders, as well as the need for work opportunities for offenders, with employment correlated to reducing rates of reoffending.

“39 percent of people released from prison in Western Australia return to prison within two years of their release, and 63 percent of prisoners have been in prison before, but just 16 percent of prisoners participate in commercial industries, a third of the rate in New South Wales,” said Mr Bushnell.

“Reducing reoffending would significantly improve community safety, and work is the key to rehabilitation just as it is the key to a good life.”

The report points to examples of reform in Texas and other parts of the United States as both evidence for the benefits of reform and to illustrate the changing politics of criminal justice.

“Criminal justice reform is now a bipartisan issue. There is widespread agreement that being tough on crime means taking smart steps to reduce crime, not just throwing ever-more money at incarceration.”

“This emerging consensus led to President Trump signing a criminal justice reform law earlier this year,” said Mr Bushnell.

Download the Parliamentary Research Brief here.

US Criminal Justice Reform A Lesson For Us

ORIGINALLY APPEARED IN THE AUSTRALIAN

US President Donald Trump’s endorsement of criminal justice reform is a landmark for conser­vatives. After campaigning as the “law and order candidate”, Trump has been won over by the argument that government can reduce the growth of incarceration, boost rehabilitation and save money in the long term.

Trump’s support for the new approach cements its position as the new conservative orthodoxy. How this came to be so is something the Australian Centre-Right needs to study carefully.

Last week, Trump held a celebration for the passage of the First Step Act, which he signed into law in December. The act creates incentives for federal prisoners to participate in vocational education, repeals mandatory sen­tences for drug crimes and restores some judicial discretion for other nonviolent crimes.

Or as Trump explained: “Nonviolent offenders will have the oppor­tunity to participate in vocational training, education and drug treatment programs. When they get out of prison they will be ready to get a job instead of turning back to a life of crime.”

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Queensland’s Rising Incarceration Rate Calls For Criminal Justice Overhaul

ORIGINALLY APPEARED IN COURIER MAIL

Queenslanders are facing a massive increase in criminal justice costs but without any promise the spending will lead to safer communities.

This is the key finding of a new Queensland Productivity Commission report on incarceration and reoffending.

The report shows a radical rise in the number of Queenslanders going to prison. The incarceration rate, meaning the proportion of adults who are in prison, has risen 44 per cent since 2012.

There are more than 9000 offenders in Queensland prisons, which are at 130 per cent capacity.

On average, each prisoner costs state taxpayers $107,000 per year. This works out to about $900 million each year for incarceration. What’s more, the report estimates that taxpayers are on the hook for up to $6.5 billion in new prison construction. That sort of money can buy a lot of schools and roads. Or hire more police.

Of course, by themselves these numbers do not tell the whole story. If every extra dollar makes us safer, then these are dollars well-spent.

But there is growing evidence that prison does not always increase community safety.

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Give victims the right to appeal soft sentences

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.

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IPA Research Recommends New Way To Boost Confidence In The Courts

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.

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