Set Up to Fail? Examining Australian Parole Compliance Laws Through a Therapeutic Jurisprudence Lens

Abstract

With growing prisoner and parole numbers, Australia is demonstrably failing to reduce recidivism and facilitate desistance from crime. This paper examines Australia’s parole compliance regime through the lens of therapeutic jurisprudence (‘TJ’), which we argue provides a valuable perspective for understanding how these laws can operate to break or further entrench the cycle of recidivism. Our analysis indicates that these laws are not currently ‘TJ-friendly’, as parole boards have little engagement with offenders, breaches of parole conditions are often subject to disproportionate responses and there is no legislative obligation for jurisdictions to integrate support services for parolees.

Keywords: parole, Australia, therapeutic jurisprudence