Should Australia Scale Back Prisons? Exploring Alternatives

This essay delves into the critical examination of prison usage in Australia, advocating for a shift towards alternative methods of crime prevention and innovative justice approaches. It highlights the increasing crime rates and the evolving nature of criminal behavior, emphasizing the need for updated strategies. The essay explores various techniques, including improved surveillance, environmental changes, and community justice, and analyzes their effectiveness in deterring crime and reforming offenders. It discusses innovative approaches such as Therapeutic Jurisprudence, Restorative Justice, and Problem-Solving Justice, emphasizing their benefits in providing fair treatment to both victims and offenders. The essay also addresses the importance of procedural justice and equal opportunities for all parties involved. It concludes by asserting the potential of alternative methods to enhance community safety and provide offenders with opportunities for rehabilitation, while also recognizing the influence of political factors and cultural biases in the justice system.

Should the use of prison in Australia be scaled back and our resources
focused on alternative methods that we know can work

Contents
CRIMINOLOGY...................................................................................................................................3

CRIMINOLOGY
Due to changes in time, the nature of crime are increasing and also the rating of
criminal in Australia are also increasing. Thus, it is necessary to bring innovative ideas in the
country to prevent the crime and secure the right of the citizen and individual to live freely in
society1. In recent times, various techniques are adapted by the police to prevent the crime or
also change the nature of the criminal to move in right direction2. In this journey, the courts
are also transforming their justice procedure regarding giving the criminals more chances to
transform their lives and deal in good activities. In this essay, the discussion is based upon
examining the alternative methods to prevent crime or also innovating the form of justice in
community corrections.
Crime prevention refers to mainly focusing on reducing the impact of crime in the
country through handling the illegal offences in innovative manner. As due to changes in
time, the mind of the criminal are also enhancing and also they are using various ways to run
from the prison3. Thus, in respect of adapting the crime prevention various aspects are to be
undertaken which results in scaling back the punishment through putting the surveillance. In
this aspects, by improving the surveillances near to the homes, or mid public places helps in
detaching the offences in faster way4. Through this manner, it results in contributing to the
social changes by imposing surveillance camera in the society which monitor and control the
offences and also inform the person timely regarding facing any illegal activity near to that
place.
Environment changes mainly lies on the bases of examining any activity which is
undertaken on air or land. It is mainly committed through any graffiti and domestic
commercial waste must be cleared up within the stipulated time period5. As some duty is also
to be carried by the local citizen regarding complaining to the public authority about the
broken street lights or fly tipping garbage6. In respect of preventing the crime, report is to be
1 Marchetti, E. (2019). Indigenous and Domestic and Family Violence Specialist
Courts. In Indigenous Courts, Culture and Partner Violence. (pp. 31-52). Palgrave
Macmillan, London.
2 Daly, K. (2016). What is restorative justice? Fresh answers to a vexed
question. Victims & Offenders. 11(1). 9-29.
3 Tait, D. (2018). Rituals and spaces in innovative courts. Griffith Law Review. 27(2).
233-253.
4 Colvin, V., & Stenning, P. (Eds.). (2018). The evolving role of the public prosecutor:
Challenges and innovations. Routledge.
5 The 10 Principles of Crime Prevention. 2020. [Online]. Available through: <
https://www.westyorkshire.police.uk/advice/10-principles-crime-prevention/10-
principles-crime-prevention/10-principles-crime-prevention>.
6 Carrington, K., Hogg, R., Scott, J., & Sozzo, M. (Eds.). (2018). The palgrave
handbook of criminology and the global south. (pp. 1983-2015). Switzerland:
Palgrave Macmillan.

made to the police and in return police office imposed punishment as it carried to be the
criminal offences.
In recent time, it is necessary to bring innovation in the form of justice which results
in securing the person from dealing in any illegal offences. Thus, the NJC collaborate with
the Australian center for court innovation outlines various tools for innovative approaches to
Justice7. The major innovation is relating to the community justice which indicated that it
refers to the problems solving procedure which helps the victim to make the things better. In
this case, the innovation is mainly undertaken regarding altering the balance of power
between the justice system and citizens8. They also giving chances to participate in the
dispute resolution process. As before making any judgment on the bases of viewing the
victim’s situation, effective communication is to be undertaken, so that fair and respectful
treatment is to be made between the accused and victim.
In Victoria, Collingwood which is located in the city of Yarra are preferred to be the
first Australian community country as in this city the issues is raised regarding facing higher
level of social disadvantages such as discriminating the person on the bases of caste, sex,
culture, region etc9. In such manner, the community justice is engaged in the early stage to
bring development in the city and also to prevent crime.
Another innovation is mainly undertaken through adapting the Therapeutic
Jurisprudence, as in this innovation is undertaken in respect of taking decision by examining
how law and mental health of the person are interact. Thus, this can be beneficial or harmful
in respect of providing justice to parties10. As in some cases the offences occurs regarding not
carrying the intention to commit crime and such crime occurs in context of self-defense.
Some criminal take this innovation as their advantages from securing themselves from such
criminal offences. But this innovation is useful for the person which are suffering from
mental health issues or also drug addicted11. By this manner, instead of imposing the severe
punishment, they are given chances to improve their condition through attending the NGO.
The implication of bringing justice in Australia is relating to giving liberty under the Narcotic
drugs Act, 1967. As it is not necessary that every drug is enhanced for the wrong perspective,
7 Blackley, R., & Bartels, L. (2018). The Sentencing and Treatment of Juvenile Sex
Offenders in Australia.
8 Gordon, G. (2019). " Wedded to the state's requirements": Restorative and
community justice processes in Aotearoa/New Zealand. New Zealand
Sociology. 34(1). 27-50.
9 Schaefer, L., & Beriman, M. (2019). Problem-solving courts in Australia: A review
of problems and solutions. Victims & Offenders. 14(3). 344-359.
10 Innovative Justice Processes: Restorative Justice, Indigenous Justice, and
Therapuetic Jurisprudence. 2020. [Online]. Available through:
<https://www.indigenousjustice.gov.au/resources/innovative-justice-processes-
restorative-justice-indigenous-justice-and-therapuetic-jurisprudence/>.
11 Blagg, H. (2017). Doing Research With The Aboriginal Domain as a Non-indigenous
Criminologist. In The Palgrave Handbook of Australian and New Zealand
Criminology, Crime and Justice. (pp. 753-768). Palgrave Macmillan, Cham.

some laws are specially designed to secure or give right to use the drugs under the medical
treatment.
In respect of Restorative justice, it indicates that the platform is given to the accused
and victim to confront the crime and also the reason committing such offences. Through this
manner the reason behind the crime is examined and also the victim is given chance to
resolve the matters. The main principles of choosing this innovation is that the crime is
caused and also it harm to victims and secondly it helps the community to understand about
the nature of crime and also the reason of committing the crime12. It considered to be one of
the best innovation in the form of justice as it bring together victims and offenders and also
confronts the issues so that if the person committed the crime than he again send to
reoffending. This innovation is mainly useful in the case of juvenile justice context as in this
case the actual matters is identified and also appropriate legal action are taken to examine the
actual matters and also the reason of committing crime. Through this manner, justice can be
provided in respect of giving the appropriate time to both the parties to settle the matters. A
platform is to be given in respect of confronting the issues which results in committing the
illegal offences.
In context of problem Solving justice, it indicates that various option are given to the
person regarding resolving the disputes through undertaking the dispute resolution procedure.
In this system, various method are examined such as negotiation, arbitration, mediation etc.
This is one of the most important method in respect of providing justice as the conflict are
resolved out of courts and also timely judgment is given to the parties13. The implication
which is undertaken through this innovation is relating to saving the time of the courts
regarding not dealing in any such matters which can be easily resolved by the parties’
through the out of court settlement.
Innovation is also identified in the form of undertaking the Procedural Justice which
indicated that in respect of getting justice, it is necessary for the litigation to present the true
and fair evidence before the courts. As in relation to getting fair decision, it is necessary for
the litigation to present the matter through their own voice and also respect the judicial
officers, lawyers and court staff14. In respect of litigation, they had to respect the decision and
judgment given by them and also they had to work under their rights and duties which they
carried in the court. The implication which is examined is relating to giving adequate
opportunity to both the parties to present the true and fair evidences. Thus, it results in getting
the accurate judgment by the evidence provided.
In context of understanding the various innovative form of justice, it results in
protecting the crime in the country and also giving rights to the parties to take their own
12 Zinsstag, E., & Keenan, M. (Eds.). (2017). Restorative responses to sexual violence:
legal, social and therapeutic dimensions. Taylor & Francis.
13 Blagg, H., Tulich, T., & May, S. (2019). Aboriginal youth with foetal alcohol
spectrum disorder and enmeshment in the Australian justice system: can an
intercultural form of restorative justice make a difference?. Contemporary Justice
Review. 22(2). 105-121.
14 McGuire, M. R., & Holt, T. J. (Eds.). (2017). The Routledge Handbook of
Technology, Crime and Justice. Taylor & Francis.

decisions. The major benefits which is gained through this aspects is relating to the giving the
offender the chances to accept the crime and also instead of imposing harsh punishment,
they’re given additional rights to change their behavior. Innovative form of justice is mainly
adapted in respect of treating every person in equal manner and also adequate opportunity is
given to both the person to present the matters and evidence to prove the reason of
committing the crime15. Most of the criminal activities are undertaken through the support of
the political party and thus the impact raised is also high. In such manner Restorative justice
form helps in providing the platform to the victim and accused to accept the crime and also
the reason of doing such offences.
Most of the conflict are raised regarding facing cultural bias regarding not accepting
other culture people in the society. This can be proved through the form of the organizing
various cultural events which is different to the other culture16. Thus conflict raised regarding
not inviting them or also not respecting their culture. This can be resolved in respect of
problem solving innovation as instead of reaching to court to get justice, they can settle the
matters out of courts where they appoint the arbitrators to settle the matters.
From this essay, it is stated that the justice process are similar in every case but
offenders given the chances to prove their innocence or the reason of committing the
offences. It is also examined that there are various innovative forms of justice to secure the
community from criminal offences. In respect of securing the country, it is necessary to
prevent crime by taking initiative action to prevent the right of the victims.
15 Graham, H., & White, R. (2016). The ethics of innovation in criminal justice. The
Routledge Handbook of Criminal Justice Ethics. 267.
16 Marchetti, E. (2017). Indigenous Sentencing Courts in Australia. In The Palgrave
Handbook of Australian and New Zealand Criminology, Crime and Justice. (pp. 379-
392). Palgrave Macmillan, Cham.