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Below: a Ten News segment dealing with the new legislation. This clip includes a short interview with youth outreach worker Les Twentyman.
Below: In the Frankston area of Melbourne, Mission Australia works with local police to deliver "diversion" programs, which steer youths considered to be in danger of repeat violent crime offences away from the penal or corrections system into alternative programs designed to keep young people out of prison. Below: Another look at Mission Australia's work in keeping youth out of the prison system. In this July, 2009 7.30 Report clip, a recent graduate of the "Pasifika" early intervention program returns to his old secondary school to provide an example to younger children. There is a rather sad "sting in the tail" of this report. . Below: A Victorian Liberal Party advertisement aired dring the 2010 election run-up. The TV ad shows the promised "law and order" policy to "make Victoria safe again". . Below: recent CCTV security camera footage showing violence on a Melbourne railway station. . |
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In 2001 The Law Council of Australia issued a discussion paper titled, 'The Mandatory Sentencing Debate'. The paper focuses on mandatory sentencing in the Northern Territory; however, its conclusions are unfavourable regarding mandatory sentencing in general.
The full text of this paper can be found at http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=91B75434-1E4F-17FA-D2BA-B6D5A60592A7&siteName=lca
In August 2008, the Victorian Sentencing Advisory Council issued a report titled, 'Sentencing Matters: Mandatory Sentencing'. The report gives a detailed discussion of the advantages and disadvantages of such a system and concludes overall that were it possible to implement it would be unlikely to achieve its aims. It also suggests that lawyers and judges would be likely to attempt to circumvent it.
The full text of the report can be found at http://www.google.com.au/url?sa=t&source=web&cd=1&ved=0CBwQFjAA&url=http%3A%2F%2Ftalksentencing.vic.gov.au%2Fdocument%2Fshow%2F4&rct=j&q=mandatory%20sentencing%20deterrent%20Victoria&ei=V_r1Tf-bCIakvgOrp6jNBg&usg=AFQjCNFo5K39PwPy-wuTa4YCeKI2X6dRKg
On November 23, 2010, the Victorian Liberal/National Coalition issued a media release titled, 'Coalition to set minimum sentence standards for serious crime'. The released was issued under the name of the then shadow Attorney General, Robert Clark, and detailed that fixed minimum sentences would be imposed for a range of serious crimes in Victoria.
The full text of this release can be found at http://www.robertclark.net/news/coalition-to-set-minimum-sentence-standards-for-serious-crime/
On November 24, 2010, the Victorian Liberal/National Coalition issued a media release titled, 'Violent thugs to face at least four years' jail for gross violence'. The released was issued under the name of the then shadow Attorney General, Robert Clark, and detailed the fixed minimum sentences that adult and juvenile offenders would face as penalties for violent assaults.
The full text of this release can be found http://www.robertclark.net/news/violent-thugs-to-face-at-least-four-years-jail-for-gross-violence/
In April 2011, the Victorian Sentencing Advisory Council released a paper titled, 'Does Imprisonment Deter: A Review of the Evidence'. The review concluded, 'The evidence from empirical studies suggests that the threat of imprisonment generates a small general deterrent effect. However, the research also indicates that increases in the severity of penalties, such as increasing the length of imprisonment, do not produce a corresponding increase in the general deterrent effect.'
The full text of the paper can be found at http://www.sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/does_imprisonment_deter_a_review_of_the_evidence.pdf
On May 30, 2011, ABC News ran a report titled, 'Mandatory jail terms sought for violent teens'. The brief report gives a variety of views on the issue. The full text of this report can be found at http://www.abc.net.au/news/stories/2011/05/30/3230193.htm
On May 30, 2011, Radio National's PM included a report on the Victorian government's intention to institute fixed minimum jail terms for violent teenagers. The report includes comments from the Victorian Attorney General, Robert Clark; the co-director of the young people's legal rights centre Youthlaw, Tiffany Overall; the president of the Law Institute of Victoria, Caroline Counsel, and Mick Gooda, the Aboriginal and Torres Strait Islander social justice commissioner.
The full text of this report can be found at http://www.abc.net.au/pm/content/2011/s3231005.htm
On May 30, 2011, The Geelong Advertiser published a news report entirely favourable to the Baillieu government's changes to the sentencing of violent young offenders. The report includes only comments from the Victorian Attorney General and a Geelong father whose son was seriously bashed. The full text of this report can be found at http://www.geelongadvertiser.com.au/article/2011/05/30/260871_news.html
On May 30, 3AW issued a news report titled, 'Teenage gangsters face jail terms'. The brief report is followed by a number of reader comments supporting the fixed minimum terms of detention. The full text of the report and these comments can be read at http://www.3aw.com.au/blogs/3aw-news-blog/teenage-gangsters-face-jail-terms/20110530-1fbbr.html
On May 30, the Channel Nine News included a report focusing on former prison chaplain, Peter Norden's opposition to the Victorian youth sentencing plan. The full text of this report can be found at http://news.ninemsn.com.au/mobile/article.aspx?id=8254899&_sp=2045&noid=6303&_s=abbe2eb6-165e-4217-a9b3-5108e0b71850
Skepticlawyer is an Internet site maintained by two lawyers and a journalist that provides commentary on contemporary legal issues.
On May 30, 2010, the site includes a critical commentary on the effectiveness of mandatory detention or fixed minimum terms as a means of dealing with young offenders. It refers specifically to the proposed changes to the laws in Victoria.
These comments can be found at http://skepticlawyer.com.au/2011/05/30/mandatory-sentencing-throwing-away-the-key-is-not-the-answer/
On May 31, The Brisbane Times published an editorial titled, 'Victoria likely to regret rush to lock 'em up'. The editorial argues that detention is likely to criminalise young people and that rehabilitative programs are more effective. The full text of this editorial can be found at http://www.brisbanetimes.com.au/opinion/editorial/victoria-likely-to-regret-rush-to-lock-em-up-20110530-1fcqe.html
On June 2, 2011, The Sydney Morning Herald published an opinion piece written by Jordana Cohen, a lawyer at Youthlaw is a specialist law centre for young people under 25 years. The piece is titled, 'Jailing children will just make them better criminals'. It can be read it full at http://www.smh.com.au/opinion/politics/jailing-children-will-just-make-them-better-criminals-20110603-1fk00.html
On June 3, 2011, the Victorian Aboriginal Legal Service issued a media release titled 'Mandatory Sentencing Will Bring Harm, Not Community Benefit'. The release argues that mandatory sentencing results in unmanageable prisons and high recidivism rates. The full text of this release can be found at http://vals.org.au/static/files/assets/e68514cc/Minimum_Sentencing_Media_Release_FINAL_APPROVED.pdf
On June 8, 2011, the Victorian Attorney General, Robert Clark, issued a media release titled, 'Sentencing claims are wrong'. The release is a defence against some of Greg Barns criticisms of the Victorian sentencing proposals. It is also an assertion of the Victorian government's right to set sentence that the courts then implement.
The full text of this release can be found at http://www.robertclark.net/news/sentencing-claims-are-wrong/