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

30 Pages Posted: 20 Jun 2019 Last revised: 31 Aug 2019

See all articles by Max Henshaw

Max Henshaw

HWL Ebsworth Lawyers

Lorana Bartels

Australian National University (ANU) - ANU Centre for Social Research and Methods

Anthony Hopkins

University of Canberra – Faculty of Law; ANU College of Law

Date Written: June 13, 2019

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

Suggested Citation

Henshaw, Max and Bartels, Lorana and Hopkins, Anthony, Set Up to Fail? Examining Australian Parole Compliance Laws Through a Therapeutic Jurisprudence Lens (June 13, 2019). University of Western Australia Law Review, Vol. 45, 2019, Available at SSRN: https://ssrn.com/abstract=3403417

Max Henshaw

HWL Ebsworth Lawyers ( email )

Australia

Lorana Bartels (Contact Author)

Australian National University (ANU) - ANU Centre for Social Research and Methods ( email )

Beryl Rawson Building (13)
Canberra, ACT 0200
Australia

Anthony Hopkins

University of Canberra – Faculty of Law ( email )

Australia

ANU College of Law

Canberra, Australian Capital Territory 0200
Australia

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