Modern Australian
The Times Real Estate

.

Why victims of crime deserve a say in whether offenders are paroled

  • Written by Katherine J. McLachlan, Lecturer in Law & Criminal Justice, University of South Australia
Why victims of crime deserve a say in whether offenders are paroled

The recent release on parole of John Worboys, one of Britain’s most-prolific sex offenders, attracted controversy after his victims were not informed or consulted by the parole board. However, the law – and best practice – says they should have been.

Under the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, victims have rights, including the right to be treated with courtesy and respect and to receive assistance and information. They also have the right to have their personal views and concerns considered in justice proceedings where their personal interests are affected and it’s appropriate to do so.

In Australia, like the UK, a victim’s right to participate and be heard is enshrined in legislation.

What does this mean in practice?

Specifically, if you are a victim of crime and you meet the criteria to be registered in your jurisdiction (which varies), you have the right to be informed of upcoming parole hearings of the prisoner whose crimes are the reason you are registered.

You have the right to be given reasonable time to make a written statement to the parole board outlining your views and concerns before that prisoner is released. You have the right for the board to consider your statement.

In some jurisdictions, such as South Australia, you may also request to meet with the board in person to discuss your views.

What are the benefits of giving victims a say?

Victim involvement is particularly important for the victims themselves – and it can also inform parole board decision-making.

The opportunity for a victim to participate and be heard offers procedural justice: that is, a sense of fairness in the way agencies operate in a justice system that often sidelines victims.

Parole boards informing and consulting with victims can have a significant therapeutic impact and aid victims’ recovery from the crime.

The benefits extend beyond the direct victim to other victims of crime. When parole boards (and justice agencies generally) listen and consider victims’ views, other victims of crime are more likely to believe they too will be heard when they speak out about their experiences of violence and abuse.

Conversely, when criminal justice agencies fail in their duty to truly and respectfully engage with victims of crime – as in the Worboys case – this prevents other victims coming forward.

Victims’ input can also assist parole board decision-making in cases where victims provide detail of their experiences and expectations. Victim submissions may provide contextual information about the offending in addition to outlining victims’ wishes.

As a result, victim submissions can lead to non-contact clauses, parole conditions that aim to mitigate risk, and/or exclusion zones that restrict an offender from entering certain suburbs or regions.

What are the risks?

The biggest risk in involving victims of crime in parole board decisions is secondary victimisation. This occurs when victims are re-traumatised due to a poor systemic response. Given the justice system isn’t great at explaining victims’ rights to them, it is reasonable to assume many victims won’t understand the scope and limitations of their rights. This may lead to disappointment or even devastation when their expectations are not met.

For example, some victims of crime make written submissions to parole boards with the specific goal of preventing a prisoner’s release. Boards consider a large range of information in determining whether a prisoner presents a risk of harm to the community before deciding whether they should be released – and victims do not have an overall say as to whether a prisoner will be granted parole.

So, while it may be therapeutic – in terms of feeling heard, valued and respected – for a victim to request an offender continue to be imprisoned, if that prisoner is released into the community (and most prisoners eventually are) the victim may feel further victimised and traumatised if their expectations are mismanaged.

It is right to recognise victims’ rights

UK Parole Board chair Nick Hardwick believes:

… it is right that the anguish of [Worboys’] victims should be heard.

But it is not just “right” – it is their legal right.

Upholding victims’ rights is not about overruling parole board decisions. It is about respectfully enabling victims’ active participation in decisions that affect their personal interests.

Authors: Katherine J. McLachlan, Lecturer in Law & Criminal Justice, University of South Australia

Read more http://theconversation.com/why-victims-of-crime-deserve-a-say-in-whether-offenders-are-paroled-90535

Thinking of Expanding? How Much Does It Cost for a House Extension?

If you consider an additional room in your house? Among the most effective methods of enhancing the value of your property. It is  enhancing your l...

Panoramic Elevators: Combining Functionality with Aesthetic Appeal

In the evolving world of building design, the demand for architectural features that are both practical and visually striking continues to rise. One...

No Dig, No Drama: Sydney Pipe Relining Explained

You know that feeling when water starts pooling where it shouldn't? Or received a quote for pipe repairs that made your eyes water? Let's chat about...

The SEO Benefits of AI-Optimized Landing Pages: Smarter Metadata, Faster Load Times

Landing pages are integral to the conversion funnel in digital marketing. Yet, when SEO works well to drive traffic to the landing page, it's just a...

How to Reduce Turbo Lag with an Upgraded Mazda BT-50 Exhaust System

Are you struggling with turbo lag affecting your driving experience?  Did you know upgrading your Mazda BT-50 exhaust system could be the key to u...

How to Segment Email Lists Based on Content Engagement (Not Just Demographics)

Email segmentation generally refers to age, location, gender demographic, and conventional elements. While this could be helpful information, it doe...

6 Qualities to Look for in Local Caravan Dealers

If you're searching for reliable caravan dealers in Campbellfield, it's essential to choose a dealer that offers quality products, excellent custome...

How to Repair a Faema Coffee Machine: A Practical Guide for Coffee Lovers

Introduction If you’re the proud owner of a Faema coffee machine, you already know that it’s more than just a kitchen appliance — it’s a vi...

Smart Health Decisions in Your 30s, 40s, and 50s: The Ultimate Prevention Guide

Making informed health decisions becomes increasingly important as we navigate through different life stages. What may have seemed unimportant in our ...

Sydney’s Electricians Helping Cut Business Costs

Running a business in Sydney isn’t cheap. Between rent, wages, equipment, insurance, and endless operational costs, it’s no wonder business owne...

Can Air Conditioning Help with Allergies and Asthma?

Living with allergies or asthma can make everyday environments feel challenging—especially during certain seasons or in homes where dust, pollen, ...

A Fast Charging Power Bank and Wireless Power Bank: The Future of Power Bank Technology

As the use of mobile devices grows, so does the demand for better, more efficient, faster, and more imaginative methods to power them. Previously re...

How to Extend the Lifespan of Your Power Bank: An Overview

Power banks are vital for ensuring your devices are powered while on the go, especially when on the move, outdoors, or during emergencies. They prov...

What is a Power Bank and How To Choose One

In a world filled with gadgets running out of battery is a real issue. This is where power banks can come in useful. They're portable, they hold pow...

Portable Chargers: How They Work & Essential Tips to Extend Battery Life

Portable chargers (also known as power banks) are essential accessories that keep your devices powered up while on the go — be it outdoor activiti...

How Artificial Tulip Displays Enhance Your Home’s Aesthetic

Artificial tulip displays have grown to be a common option for improving interior decor because of their exquisite look and long-lasting quality. Th...

The Psychology of Relationships: How Therapy Can Strengthen Bonds

Relationships require effort, understanding and communication. Couples and individuals can have better relationships with the assistance of therap...

Taking It Up a Notch: How 12.5kg Dumbbells Fit Into Progressive Overload Training

Photo by Jason Grant on Unsplash When it comes to getting stronger, more sculpted, and better conditioned, one principle reigns supreme in the worl...