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What does Recidivism mean?
What does Recidivism mean?
Recidivism is a term used in the criminal justice system to refer to 'repetitious criminal activity, and is synonymous with terms such as repeat offending and reoffending'.
Recidivism means that someone who has been in trouble with the law before goes on to commit more crimes after they have finished serving their sentence or finished a period of probation.
Recidivism is like a pattern where the person despite the punishment continues to undertake illegal activities. It is an important concept as it highlights how punishing people does not always deter future crimes from occuring.
Recidivism in Australia
Recidivism in Australia
Questions surrounding Australia's criminal justice have arisen in recent years due to our rates of reoffending.
In Victoria 43.6 per cent of prisoners released during 2018-19 returned to prison within 2 years. This same statistic in other states included:
Overall Australian rate: 45.2%
Northern Territory: 58.9%
South Australia 33.2%
Studies have found that Australia is putting more people in prison despite a fall in the number of criminal offenders. Australia also has the highest level of recidivism when compared to other western countries.
Class Disscussion:
Class Disscussion:
Why do we think Australia has such high rates of recidivism?
The effectiveness of Restorative Justice
The effectiveness of Restorative Justice
When consdiering restorative justice and its effectiveness we must consider 2 key aspects:
The rates of recidivism
The satisfaction of the victim regarding the punishment
Class Disscussion:
Class Disscussion:
Why does victim satisfaction matter to sentencing?
What does fair punishment look like? Can someone idenifty where the line for restorative justice is? Are there crimes that can't be resolved for the victim or family of the victim.
Alternate sentencing models and reducing recidivism
Alternate sentencing models and reducing recidivism
Research is finding that alternate punishments are more successful than traditional modes of punishment and thus are more widely being implemented.
In Victoria we have established 2 specific alternate courts to address two areas of crime.
The Victorian Drug Court for the increasing rate of drug related cases
The Koori Court for indigenous Australians
The Victorian Drug Court
The Victorian Drug Court
The Victorian Drug Court opperates through the Magistrates courts in Dandenong, Ballarat, Shepparton and Melbourne.
The Drug court was established to administer an order called a Drug and Alcohol Treatment Order (DATO). Through the implementation of this and the Drug court the state has been able to save 5 dollars for every dollar spent in assisting these people.
To be eligble to be dealt with by the Drug court:
Plead Guilty
Live in an area serviced by the drug court
Be dependent on on drugs and/or alcohol and this must have led to the offence
Agree to comply with the DATO
Not be subject to a Parole Order, a combined custody and Treatment Order or a sentencing Order of the County or Supreme Court.
Have a maximum sentence of two years imprisonment and it must be likely that the offender would get a prison sentence.
The aim of the drug court is to reduce recidivism and protect the community by taking greater control of alcohol- and other drug-related issues, and to provide support through a more varied range of support options to assist the individual in reintegration to society.
As of 2022 within the Dandenong Drug court there was a 29% reduction in recidivism. Addtionally there was a 90% reduction in trafficking offences and a more then 50% drop in weapons violence.
The Koori Court
The Koori Court
The Koori court supports the needs of First Nation's people who have taken responsibility and have pleaded guilty to a criminal offence. For a hearing to take place in the Koori court the individual must be of Aborigional and/or Torres Straight Islander descent. They can also elect to use the court or not.
The Koori court is held in a more informal manner to a traditional hearing. The defendent sits around a round table with a magistrate, an Elder, a Koori court officer, the prosecutor, the legal representative for the defendent and family members.
The Koori court operates as a conversation with the avoidance of legal jargon. The role of the Elder is to offer cultural advice to the magistrate so any judgement is culturally appropriate.
The key aim of the Koori Court is to divert offenders away from more serious contact with the justice system. There are now 15 Koori courts established in Victoria.
Task to complete:
Task to complete:
Research what a Drug and Alcohol Treatment Order is, what its conditions are and what it entails.
Complete Activity V up to question 3 which should already be complete.
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