Friday, March 9, 2018
Arie Freiberg, Lorana Bartels, Robin B. Fitzgerald and Shannon Dodd (Monash University - Faculty of Law, University of Canberra - School of Law and Justice, University of Queensland - School of Social Work and Applied Human Sciences and Independent) have posted Parole, Politics and Penal Policy (Forthcoming in Queensland University of Technology Law Review, Vol. 18, No. 1) on SSRN. Here is the abstract:
This article examines the most recent changes in Australian parole laws, policies and practices in the context of the changing relations between legislatures, the courts and parole authorities. It argues that legislatures, purportedly reflecting public opinion, have become less willing to trust either the courts or parole boards and have eroded their authority, powers and discretion. It provides examples of legislative changes that have altered the purposes of parole and introduced mandatory or presumptive non-parole periods, as well as overriding, by-passing and restricting parole.