Are Heavy Penalties the Answer to Crime?

Victoria is notorious for promoting a hardline approach to crime.

Former Premier Denis Napthine sought to introduce mandatory indefinite prison sentences for repeat offenders of serious offences prior to his defeat, and was responsible for implementing a range of measures aimed at reducing drug crimes and bikie gang related crimes.

Yet despite this tough approach, a recent study suggests that tough sentencing laws, coupled with a crackdown on criminal activity, have had little impact on rates of reoffending.

In fact, the figures suggest that there has been a massive increase in rates of reoffending, with the recidivism rate standing at 40% – a 10 year high.

Four years ago, the rate was at a 10 year low of 34%. Mr Napthine took over as Premier in March 2013.

Rates of recidivism are calculated based on the number of prisoners who return to prison within two years of being released.

In 2009, the prison population stood at 6454. This year’s projection of prisoner numbers is over 7100.

The alarming study suggests that the Napthine government’s approach was not beneficial, but rather detrimental, in reducing criminal activity.

One possible explanation for the rising rates of reoffending is the former government’s approach to sentencing.

Premier Napthine was responsible for introducing mandatory minimum sentencing for a number of criminal offences, including mandatory 10 year prison sentences for so-called ‘coward punch’ assaults.

The introduction of mandatory sentencing for various offences has also been coupled with an increase in spending on the prison system, with spending on corrections projected to exceed $1 billion this year – more than double what was being spent back in 2009-2010.

Sadly, the increased spending on incarceration has been funded by cuts in other areas, including housing, education and rehabilitation – which have been shown to be effective in reducing crime.

In contrast, mandatory minimum sentences have not been proven to be effective in reducing crime or acting as a deterrent.

Further, whilst they are often lauded by proponents as promoting fairness and a level playing field for all offenders, they restrict a judge or magistrate from taking into consideration the individual facts and circumstances of a case.

This often means that people who commit crimes under vastly different conditions are treated alike – despite the offences differing in terms of seriousness.

Mandatory minimum sentences also mean that more people are likely to be imprisoned for less serious offences, where they may otherwise have avoided prison altogether.

Perhaps this is one reason for the rising prison population.

Another possible reason for the rising statistics is the Napthine government’s decision to abolish suspended sentences.

A suspended sentence is a term of imprisonment which is suspended for part or all of the period, meaning that the person is not actually sent to prison.

Rather, he or she will enter into a special type of good behaviour bond which requires them to abide by certain conditions and refrain from committing any further offences during the term of the bond.

If the person does commit a further offence, they will be brought back before they court and will likely be sent to prison.

Suspended sentences might be seen as the last step before imprisonment – a ‘last chance’ before going to gaol.

However, suspended sentences were removed from Victoria’s sentencing regime in September 2014.

This means that magistrates and judges can no longer consider a suspended sentence as an option when sentencing offenders in Victoria.

However, they remain a part of the sentencing landscape in other states, including New South Wales.

Whatever factors are to blame for the rising recidivism rates, the study comes as unwelcome news to taxpayers, who are left to foot the bill for prison expenses.

Aside from the economic downsides, there are also other dangers associated with a larger prison population.

A combination of factors such as overcrowding, increased security and a lack of appropriate rehabilitation facilities is a recipe for disaster according to criminal barrister Greg Barns, who warns that Victorian prisons may be increasingly prone to riots.

Besides this, there is the obvious fact that increased rates of recidivism and overcrowded prisons do not benefit anyone.

A culture that promotes reoffending without addressing the underlying factors behind criminal behaviour puts the community at risk whilst isolating those individuals who have a history of criminal behaviour – all at a high cost to the community.

Measures like mandatory minimum sentencing and the removal of sentencing options such as suspended sentences also erode fairness and justice within the criminal justice system, placing limits on the discretion of judicial officers.

However, despite the gloomy statistics, it is hoped that the new Victorian Labor government will make some headway into resolving these issues.

It is hoped that expected moves towards funnelling funding away from prisons and into education, rehabilitation and other preventative measures will have a positive impact on crime rates around the state.