Anna Patty | SMH | February 3, 2012
It didn't take long for the vitriol over the state government's approach to law and order to start.
Ten months after the NSW election, the opposition and tabloid media have been dishing it out to the Attorney-General, Greg Smith, accusing him of being soft on crime.
One radio talk-back host recently accused Smith of being a step away from the Greens, saying he had failed to earn his stripes as a conservative Attorney-General.
When it comes to the rehabilitation of non-violent offenders, Smith would agree.
He says he is "more left-wing on issues like dealing with prisoners and rehabilitation than any other Attorney-General in the country".
But Smith, reputed as a tough public prosecutor when he worked for the DPP - having put away murderers including those who killed policeman David Carty - is hardline when it comes to serious violence.
In response to a recent spate of drive-by shootings in Sydney's south-west, the opposition and some commentators have confused the distinction Smith has made between his different approaches to sentencing and rehabilitation.
He believes in non-custodial sentences for less serious offenders and rehabilitation for people with drug and alcohol addiction or mental health problems.
When it comes to people guilty of serious violent crime, including the "buffoons" responsible for the shootings, repeat offenders and those guilty of child sex offences, Smith wants to toughen punishments.
Smith recently asked the Supreme Court to look at how judgments against people convicted of sex offences against children could be strengthened.
Showing posts with label Bob Carr. Show all posts
Showing posts with label Bob Carr. Show all posts
Tuesday, February 7, 2012
Saturday, October 15, 2011
Breaking the prison cycle
Mike Steketee | The Australian | 15 October 2011
IN Canberra, a hung parliament has given a Labor Party too scared to take action on climate change before the last election the courage of its convictions.
In NSW, a very different parliament in which the government has a lopsided majority may have a similar effect on law and order policy. An opposition as weakened as that in NSW may not be ideal for democracy but it does allow the government to focus more on policy than populism. And in no area has the auction for votes been more unseemly or come at a greater cost to sensible policy.
As NSW shadow attorney-general, Greg Smith called a halt to the law and order auction. While strongly conservative, he saw during his previous life as a crown prosecutor the failings of the lock-'em-up-and-throw-away-the-key approach - namely that, despite costing a packet, it does little to reduce crime and in some circumstances increases it. One pointer to that is the 43 per cent of prisoners who are back in jail within two years in NSW, compared with 34 per cent in Victoria, where there has been less emphasis on the punitive approach and there have been more resources for rehabilitation and other services for prisoners before and after they are released.
Now he is Attorney-General, Smith is saying much the same things and is starting to act on them. In parliament in May he claimed the previous government regarded the prison population reaching 10,000 as a badge of honour. "I thought it was a disgrace," he said. "This government does not believe success on law and order issues can alone be judged by how many people are locked up. We believe in policies that break the cycle of re-offending. Every prisoner should have an opportunity for rehabilitation and that is in the interests of the whole community."
Smith has commissioned a review of the bail act, particularly because of concern that too many juveniles are remanded in custody and are introduced to what he calls "the university of crime". He has asked the NSW Law Reform Commission to look at sentencing legislation to, among other things, give courts greater discretion. He has announced extra funding for education programs in prison, drug and alcohol rehabilitation services and a second drug court with detoxification facilities, drug testing and treatment.
It is early days and it remains to be seen where these measures lead and whether the O'Farrell government succumbs to a "soft on crime" campaign. Nor is the law and order traffic all one way: the government has legislated for mandatory life sentences for killing police officers.
But this is an issue which has come to defy political pigeon-holing. Bob Carr in NSW took the same attitude as Tony Blair in Britain: that a populist, punitive approach to law and order would protect his political flanks from right-wing attack. Pity about the merits of the policy. Now the coalition government in Britain is changing tack, as has the O'Farrell government. Yet its Liberal-National counterpart in Victoria is headed at least partly in the opposite direction, with moves for mandatory minimum sentences for some juvenile offences, despite the evidence of Victoria's superior performance with its emphasis on alternatives to prison.
The change in thinking was perhaps best captured by another conservative politician, New Zealand's deputy prime minister Bill English, who in May described prisons as "a fiscal and moral failure". No Kiwi, he confidently asserted, wanted to see more large-scale prison building.
IN Canberra, a hung parliament has given a Labor Party too scared to take action on climate change before the last election the courage of its convictions.
In NSW, a very different parliament in which the government has a lopsided majority may have a similar effect on law and order policy. An opposition as weakened as that in NSW may not be ideal for democracy but it does allow the government to focus more on policy than populism. And in no area has the auction for votes been more unseemly or come at a greater cost to sensible policy.
As NSW shadow attorney-general, Greg Smith called a halt to the law and order auction. While strongly conservative, he saw during his previous life as a crown prosecutor the failings of the lock-'em-up-and-throw-away-the-key approach - namely that, despite costing a packet, it does little to reduce crime and in some circumstances increases it. One pointer to that is the 43 per cent of prisoners who are back in jail within two years in NSW, compared with 34 per cent in Victoria, where there has been less emphasis on the punitive approach and there have been more resources for rehabilitation and other services for prisoners before and after they are released.
Now he is Attorney-General, Smith is saying much the same things and is starting to act on them. In parliament in May he claimed the previous government regarded the prison population reaching 10,000 as a badge of honour. "I thought it was a disgrace," he said. "This government does not believe success on law and order issues can alone be judged by how many people are locked up. We believe in policies that break the cycle of re-offending. Every prisoner should have an opportunity for rehabilitation and that is in the interests of the whole community."
Smith has commissioned a review of the bail act, particularly because of concern that too many juveniles are remanded in custody and are introduced to what he calls "the university of crime". He has asked the NSW Law Reform Commission to look at sentencing legislation to, among other things, give courts greater discretion. He has announced extra funding for education programs in prison, drug and alcohol rehabilitation services and a second drug court with detoxification facilities, drug testing and treatment.
It is early days and it remains to be seen where these measures lead and whether the O'Farrell government succumbs to a "soft on crime" campaign. Nor is the law and order traffic all one way: the government has legislated for mandatory life sentences for killing police officers.
But this is an issue which has come to defy political pigeon-holing. Bob Carr in NSW took the same attitude as Tony Blair in Britain: that a populist, punitive approach to law and order would protect his political flanks from right-wing attack. Pity about the merits of the policy. Now the coalition government in Britain is changing tack, as has the O'Farrell government. Yet its Liberal-National counterpart in Victoria is headed at least partly in the opposite direction, with moves for mandatory minimum sentences for some juvenile offences, despite the evidence of Victoria's superior performance with its emphasis on alternatives to prison.
The change in thinking was perhaps best captured by another conservative politician, New Zealand's deputy prime minister Bill English, who in May described prisons as "a fiscal and moral failure". No Kiwi, he confidently asserted, wanted to see more large-scale prison building.
Wednesday, February 16, 2011
Back to where Labor began: Bob Carr
When the dust settles and learned discussion turns to the legacy of the ALP government (1995 - 2011), Labor's reform of the criminal justice system will surely rank as one of its' most important.
First, let us reflect on a few key numbers:
Indeed, Carr had no closer ally in his pursuit and retention of power than one Laura Norder; an alliance that went on to make fundamental and lasting change to the NSW criminal justice system. Most notably, sentencing laws were radically amended with the introduction of standard non-parole periods for a range of serious offences. The slow restriction of the law in relation to bail also began, making it much more difficult for accused persons to obtain liberty before matters finalise.
Carr, already an author with "Faultlines", is now a keen blogger and tweeter (@bobjcarr), and seems well aware his legacy is in the process of being assessed. In recent times, the early shots fired by Bob on his blog have been fascinating.
He recently cited with approval the British MP, John Spellar, who described the middle-portion of the electorate as follows:
That he avoided a backlash by introducing his very own populist policies to lock up increasing numbers of people? Well, it seems that was just the necessary price to be paid. I mean better us than them, right?
The very narrow justification of his policies also seems to suggest he might have pursued another course had the Opposition not forced him into it. You see, it was all their fault!
In 2011, however, the Coalition appear to have distanced themselves from previous campaigns and policies, going so far as to explicitly reject a "law and order auction" election. So where does this leave Labor and the Carr Doctrine of Criminal Justice? How will ALP policies be justified in the absence of Opposition muck-raking?
The answer will be found in the current AG, John Hatzistergos, who can always be relied upon to defend Labor's record. Indeed, the Hatman rarely misses an opportunity to "make no apology" for their tough stance on crime, and increasing prison numbers, which he will claim are responsible for making us safer.
RG intends to examine his policies, as well as those of the Shadow Attorney-General Greg Smith, in the coming weeks.
First, let us reflect on a few key numbers:
- In 1995, the prison population of NSW was sitting at somewhere between 6000 and 7000. When Labor hand back the keys in a few weeks, that number will be pushing through 11 000;
- In 1994, the rate at which we imprisoned New South Welshmen and women was 167.8 per 100, 000. In 2011, it had risen to 196, which is almost double the rate of Victoria at 105;
- The percentage of NSW prisoners on remand (unsentenced) rose from 9.6% to 22.8% in the same period;
- In 2010, NSW's Budget for Corrective Services exceeded $1 billion;To appreciate the results of the Labor regime, it worth reflecting on the premiership of Bob Carr, under whom it all began. Most will recall that Carr came to power, and was re-elected twice, on the foundation of successful law and order campaigns. The phrase "tough on crime, tough on the causes of crime", although borrowed from Tony Blair, became firmly associated with his image, and also his agenda.
Indeed, Carr had no closer ally in his pursuit and retention of power than one Laura Norder; an alliance that went on to make fundamental and lasting change to the NSW criminal justice system. Most notably, sentencing laws were radically amended with the introduction of standard non-parole periods for a range of serious offences. The slow restriction of the law in relation to bail also began, making it much more difficult for accused persons to obtain liberty before matters finalise.
Carr, already an author with "Faultlines", is now a keen blogger and tweeter (@bobjcarr), and seems well aware his legacy is in the process of being assessed. In recent times, the early shots fired by Bob on his blog have been fascinating.
He recently cited with approval the British MP, John Spellar, who described the middle-portion of the electorate as follows:
They are law abiding and expect others to play by the rules. They want to live in a peaceful, orderly neighbourhood. If they do not, then they are hostile, both to the perpetrators and the authorities who permit it to happen.Later Carr said in the same post:
By the way, the reason I adhered to explicit law and order policies as Premier was to hold the support of working class people who expect Labor governments to keep their streets safe and lock up the criminals who degrade life, especially in public housing estates, making existence hell for law-abiding citizens. If Labor parties spend more time apologising for the wrong-doers than they do backing law enforcement and community safety they run the danger of being crushed in a right-wing populist backlash.With these words, Carr concedes what I imagine many have long thought, namely, that the objectives of his criminal justice policies were purely political: to soothe what he imagined to be a populace hostile to wrongdoers, to avoid a populist backlash, and retain power.
That he avoided a backlash by introducing his very own populist policies to lock up increasing numbers of people? Well, it seems that was just the necessary price to be paid. I mean better us than them, right?
The very narrow justification of his policies also seems to suggest he might have pursued another course had the Opposition not forced him into it. You see, it was all their fault!
In 2011, however, the Coalition appear to have distanced themselves from previous campaigns and policies, going so far as to explicitly reject a "law and order auction" election. So where does this leave Labor and the Carr Doctrine of Criminal Justice? How will ALP policies be justified in the absence of Opposition muck-raking?
The answer will be found in the current AG, John Hatzistergos, who can always be relied upon to defend Labor's record. Indeed, the Hatman rarely misses an opportunity to "make no apology" for their tough stance on crime, and increasing prison numbers, which he will claim are responsible for making us safer.
RG intends to examine his policies, as well as those of the Shadow Attorney-General Greg Smith, in the coming weeks.
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