Reflections on 50 years of sentencing reform: The good, the bad and the future

Abstract

Sentencing reform in Australia over the past 50 years has reflected ideological conflicts and deeper structural transformations in the economy and in society. It is a tale of two paradigms, one which is inclusive, participatory and rehabilitative, the other punitive and populist. This article identifies many of the positive changes over that period such as the recognition of the role of victims in the criminal justice system, the introduction of diversion programs, restorative justice and problem-oriented courts, the growth of trauma-informed sentencing and the creation of sentencing advisory councils. It also notes the rise of the prison population. The influence of penal populism has produced mandatory sentencing laws, restrictions on parole and post-release dispositions for those deemed to be too dangerous to be released into the community. Finally, it notes the possible role of artificial intelligence in sentencing.