Criminal Law: Examining the Effects of Imprisonment in Australia

This essay critically examines the concept of imprisonment in Australia, evaluating both its positive and negative aspects in comparison to global practices. It discusses the historical context of imprisonment as a form of social control, highlighting its evolution from corporal punishment to a system focused on sentencing, rehabilitation, and deterrence. The essay explores the adverse psychological impacts of imprisonment, such as guilt, shame, suicidal tendencies, and fear, while also acknowledging positive aspects like societal welfare, justice for victims, and the potential for prisoner rehabilitation. Furthermore, it delves into relevant Victorian legislation, including the Mental Health Act and the Correction Act, to analyze the rights of prisoners and the challenges faced by the correctional system, such as overcrowding and inadequate access to rehabilitation programs. The essay concludes by asserting that the negative effects of imprisonment outweigh the positive, citing human rights violations and the need for improved rehabilitation programs within the Australian correctional system; students can find similar solved assignments and past papers on Desklib.

Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

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Introduction
The concept of imprisonment of social control has long been a topic of debate in
history. Amid the nineteenth century, confinement was considered to be one of the most
highly used means or the tools of the social control in regards to the form of the punishments.
Based on the punishing the wronged individual of the society with the infliction of the
suffering of their body, the scenario of the imprisonment in the current structure of the globe
is somewhat different. In the present days, the detention no longer intends towards acute
forms of the corporal punishments but instigate the method through three of the significant
distinct areas including the sentence, the rehabilitation and the deterrence (World Economic
Forum 2019). The effects of the imprisonment are numerous as in not only confined in the
factor of only emotional or psychological aspects. The pain of the confinement in prison
tends to affect the prisoners in all the various ways. These include both positive and the
negative aspects of the factor of the imprisonment in the context of the values and the rules of
the society and the culture of the country. Throughout the globe, there exist different
categories and patterns of imprisonment. This essay aims to critically examine and evaluate
both the positive and the negative aspects of the confinement in the context of Australia
taking all the comparative study with that of the data from the global practises of
imprisonment. The essay will include the explanation of the relevant Victorian legislation
including the mental health act and the correction act in the lights of the detention.
Discussion
The concept of the prison was initially originated and designed for allowing the
prisoners to rediscover the prisoners and their conscience towards better voicing themselves
via spiritual conversation. But later it was discovered that in the current decade and as per the

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current practices, the imprisonment had become a form of torture. This has caused many of
the prisoners to have some of the adverse psychological impacts like delusions,
claustrophobia, depression, dissatisfaction with their life, stressful feelings of panic, instances
of madness, denial nightmares and the lack of getting proper sleep, phobias , criminal activity
, substance abuses and some of the forms of the behaviour related to self-destruction (Jane
Lee, Nino Bucci, Adam Cooper 2019). Among the negative aspects of the imprisonment, the
four significant impacts that have been noted by the researchers and the psychologist in the
prison if Australia includes the following. These are the feeling related to guilt, specifically
among the men, the sense of shame of not being able to defend themselves and their
inadequacies of masculinity, the suicidal tendencies in respect to the fear of the regular
victimisation or the chances of giving some of the significant contracted diseases and lastly
the fear of developing and becoming homosexual.
According to the researchers, in the country of Australia, some of the significant
findings as per the aspects of the imprisonment includes the following. These are losing of
the respect of the family members of the prisoners, challenges regarding the finances in case
of the detention of the parents, the adverse effects or the impacts of the children and their
wellbeing for their upcoming future (Corrections Victoria - Corrections, Prisons and Parole
Victoria 2019).
Despite all the adverse effects of the imprisonment on the prisoners and their families
in front of the society and the community, there lies some of the significant positive factors of
the aspects of the detention (Woodhead 2015). These include the welfare of the society from
the criminals, the proper justice for the victims of crimes who had been affected by the
criminal, the maintenance of peace in the community and the prohibition of crimes and
conflicts in the country. Apart from the positive effects on the society and the state there
furthermore lies some of the positive aspects in regards to the individual who have been

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imprisoned. As per the research study, one of the most positive and practical approaches of
imprisonment is the intention towards the rehabilitation of the prisoners in the jail. The
psychological effects furthermore include the process for copying up the attributes, the
beliefs and the challenges for everyday life (Tammy Mills 2019). The introduction of the
provision of in prison psychiatrists has been one of the decisive factors in the prison since it
has been initiating help to the imprisoned individuals to help them deal with the mental and
the psychological disorder of the issues and the challenges of the prisoners (Davidson et al.
2016). Furthermore, factors for sharpening their nature, behaviour and the opportunity for
education within the confinement of the imprisonment are some of the significant factors that
contribute to the positive factors that contributes towards the promotion and chance of better
opportunity for the success of the prisoners helping them to become the law abiding citizens
of the country henceforth.
Legislation
Imprisonment and its concept include the scenario of the removal of the rights of the
person from their freedom for a set of period depending on the tenure and the rate of the
crime (Bonta and Andrews 2016). Though the removal of the rights of freedom of the
prisoners does not implement zero rights in case of imprisonment. In the country of Australia,
the rights of the prisoners are being subjected to some parts of the violation of the
fundamental rights of the prisoners that should not be the case as per the UDHR and the
principles enshrined in the ICCPR (Australia | World Prison Brief 2019). This particular
section will highlight the instances of the Victorian Legislation for the rights of the prisoners
which are some of the essential factors highlighting the reasons that the prisoners should
receive during their time of the imprisonment.

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This section will highlight two of the most essential and essential legislation under the
Victorian legislation towards the imprisonment and the rights of the prisoners. These are the
Mental Health Act and the Correction Act.
The Correction Act of the year 1986 is one of the principal act that governs the
operation of the facilities of the correction as per the legislation of the Victoria. The
provisions enshrined in the law illustrates and specify the establishment and the
administration of the rights of the prisoners (Justice and Community Safety 2019).
Furthermore supplemented by the 2009 correlations regulations, this act is of utter
importance towards the practical determination of the use of the sanctions of the court for the
administration by the corrections in Victoria. The Charter of the human rights and the
responsibilities act of 2006 depicts the importance and the essentiality of the rights of the
prisoners and why the prisoners should also be treated humanely (Bhuller et al. 201). The
charter Act is one of the significant pieces of the legislation that is generally likely towards
the influence of the guide in the administration of the system of the prison. The act initiates in
detailing some human rights applicable in the Victorian legislation. These include the
protection from the cruel, inhuman torture and degrading treatment within the time of the
imprisonment, ensuring the humane treatment in case if being deprived of the liberty.
The mental health act explains the fundamental rights of every individual towards
proper healthcare facilities and mental wellbeing. In the context of the positive aspect of the
imprisonment in the scenario of Australia, the section 47 of the Mental Health Act allow the
transfer of the prisoners to the hospital for their mental health treatment for the procedure of
the rehabilitation (Australian Institute of Criminology 2019). As per the mental health
legislation of the country, the act enables towards the inventory commitment and the effective
treatment of the people who have been imprisoned and have suffered from acute psychiatric
illness and depression and in urgent need for rehabilitation. Though the mental health act and

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the correction act has been revised for the improvement of the condition of the prisoners of
the country in regards to their behavioural, mental and psychological changes, debates are
still there regarding how much the acts are being followed in the prison and whether the
prisoners receive their share of rights towards life.
The components of the Victorian correctional system implement the judgements of
the courts and the orders of the Adult Parole Board. The ingredients include policy, strategy
and the standards regarding the management of the system of the state and the facilities
regarding the correction (Harding et al. 2017). The operations of the correctional system
include the monitoring of the services against the standards, ensuring the service level
consistency and provision of the technical and operational support to the regional directors
for the system-wide issues. Apart from the operations, the correctional system of Victoria
includes sentence management, offender management, services related to the business, the
intelligence and the security, the planning and the strategic policy. Throughout the aim and
the purpose of the Victorian correctional system is to deliver effective correctional services
for a safe community, management of risk and building of a sustainable system.
But in the current scenario, there has been many debates and research regarding the
components and the functionality of the correction system of Victoria. One of the essential
approaches of the correction system of Victoria, the rehabilitation of the prisoners has been
reported to face some of the significant challenges. According to Wermink et al. (2018), the
inmates of the Victorian prisoners have not been able to access alcohol and the drug
treatments that are required and supposed for the process of the rehabilitation due to the crisis
of the overcrowding in the prison of the state. Further reports argue regarding the crumbling
system of justice in the country. According to Condry and Smith (2018), the correction
system of Victoria had been failing and crumbling due to various factors. With the increase in
the number of prisoners, and the improved state sensing reforms, more than 400 people had

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been unable to appear in the court for the issue of the overcrowded holding cells. This is a
negative factor since these prisoners who are not even yet convicted of any offences cent get
out of the court to apply for the bail (Fleury‐Steiner 2015). The system of the prison is thus
failing to make the country and the society a better and safe place to reside due to the rising
level of the critics of the inefficiency of the correctional system of Victoria.
Personal View
As per my personal opinion and insight, I believe the effects of the imprisonment on
the community and on the individual who has been a prisoner is far more adverse and
negative as compared to the positive aspects that have been discussed above. As per the
reports from the department of the correctional services in Australia the prisoners of the
country had been facing some of the worst scenarios of the violation of human rights during
their imprisonment. They do not get proper food, rehabilitation program and their essential
amenities for their daily living. Even though the rate of the crimes had fallen throughout the
country of Australia, the whole country had been experiencing significant overcrowding in
the jail. The ballooning rate of the incarceration has readily filled the prison system of the
state towards the breaking point. Some of the threats for the prisoners include the lack of the
effectiveness of the vocation, education and the rehabilitation programs, high rate of the
violence within the prison cell and emergence of a high speed of mental health problems.
Besides these issues, from some of the further news report, I found out how most of
the population of the prison in Australia are the regular victim of physical and sexual abuse
together with solitary confinement. They have reported of being inhumanely treated with
cruelty resulting in further mental health condition and cognitive disabilities. The disabled
prisoners constituting about more than 50 per cent of the prison population reported that they
had faced physical, sexual and mental violence not only from other prisoners but also from

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staffs and prison carers. These degrading practices have been some of the instances of the
horror within Australia's prison.
Another prison system that comes in the light is the prison system in Brazil. Popularly
known as one of the highest prison population in the world, Brazil is famous for its brutality,
the notorious, the riots, endemic violence and severe overcrowding in the prisons. Brazil is
the first country in the world which introduce a non-government and non-profit organisation
that oversees a faith-based private system of detention. These allow the APAC (Association
for the protection and Assistance to the Convicted) prisoners to get their keys to their cells.
Furthermore, as per the reports of the news, the majority of the prisoners in Brazil have a
violent and chaotic family background that results in them to lack primary education and get
access to jobs. Furthermore, the addiction and the drug plays a significant role in the case of
the prisoners of Brazil. The prison of Brazil thus highlights the chronic overcrowding and the
gang violence that provokes the deadly riots.
Conclusion
Thus it can be concluded that the factor of the imprisonment includes both the
positive and the negative aspects of the society and the individual who is in prison. The essay
illustrates the instances of both the prison system of Australia and Brazil highlighting the
poor condition within the prisons of the countries together with chronic overcrowding within
the prison.

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References
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