Thinking Outside the Cell    Defined Terms    Baker's Dozen Problems     Articles & Reports - Bibliography     W-W-W-W-H-HM      TB-IB-TC-IC

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15 March 2020

 

Professor Andrew Day                               

School of Social and Political Sciences 

University of Melbourne

John Medley Building, Kernot Rd

Parkville Vic 3052

 

Dear Professor Day 

Following a 37 years' career at CBA, in retirement the Writer has expended 700 hrs circa researching to write a Discussion Paper titled Thinking Outside the Cell  - available on DVD or USB Stick Flash Drive with a plethora of embedded threads to easily navigate.

Would you provide one of the enclosed three DVDs or the USB Stick to any current/past students or associates that -

A.        wants the following four adverse consequences et al reduced -

             1.          Baker's Dozen Unsustainable Problems Within Australian Prison System

             2.          Femicide and Filicide murders in Australia annually

             3.          Exceedingly high annual recidivism/re-offending rates in Australia;

             4.         The festering bomb at Goulburn SuperMax that houses Muslim extremists ensnared by the ISIS ideology of do-it-yourself violence (item 6 of Jail Is The University Of Crime) and

B.       believes that -

           *         some heinous murderers warrant Capital Punishment inter alia because maximum security incarceration costs $175,000 circa per prisoner p.a. (Administrative costs $150,000 and Capital Expenditure costs $25,000); and

           *         other serious crimes warrant a $ cost-effective Sentence of Corporal Punishment, particularly where incarceration has previously failed as a Deterrent, because Recidivism in Australia's state administered jails was 45% within two years of release in 2016;

C.       will read the Writer's Discussion Paper Thinking Outside the Cell; and

D.       will complete the Peer Review Form (Word document) and email it to you?

Should the completed Peer Review Forms confirm that the Discussion Paper is robust, comprehensive and credible, the Writer will provide further DVDs to you to make available to other interested students/associates to similarly Peer Review.

Upon sufficient interested persons Peer Reviewing the Discussion Paper, you may wish to enthuse the Sydney Institute of Criminology or Analysis and Policy Observatory: APO et al to -
i)        publish this Discussion Paper on its website; or
ii)       provide an embedded thread/link to this Discussion Paper where the Writer would publish it on another website.

Thence, concerned Australian folk could each complete a Peer Review Form and/or log their 'Comments'.

 

Last April, the Writer posted a similar letter (to this letter) to Derryn Hinch, who was a Senator and head of the Justice Party, because Derryn Hinch had been reported as supporting the reintroduction of the death penalty.  Notwithstanding that Derryn Hinch has advocated for the re-introduction of Capital Punishment, the Writer did not receive a response.  Perhaps Mr. Hinch was occupied with the then pending Senate elections.  Last July, the Writer wrote a similar letter to Nick Greiner, but did not receive a response. (A photo of then NSW Opposition Leader, Nick Greiner, in 1987 holding a petition signed by 10,000 western suburbs citizens demanding the death penalty for the Anita Cobby killers).

Invariably, the problem with a national referendum on an issue such as the re-introduction of the death penalty, and/or Corporal Punishment, is that all pertinent costs and benefits (changes/outcomes/ramifications) are not provided to the people that are asked to vote on such a referendum issue.  Brexit is an archetypal example where the David Cameron led Govt. that announced the referendum had little understanding of the consequences of a YES outcome.  Hence, Cameron could not explain those consequences to the people that he asked to cast their vote.

The Writer's  Discussion Paper presents ALL TANGIBLE AND INTANGIBLE COSTS AND BENEFITS from the re-introduction of both Corporal Punishment and Capital Punishment under specified circumstances set out in Thinking Outside the Cell

The Writer, Philip Johnston, retired 12 years ago after 37 years working for one of the Four Pillar banks where, in the latter half, he administered as ‘Agent bank’ many large infrastructure projects (e.g. purchase of Sydney Airport and Brisbane Airports post-privatization, construction of Sydney Harbour Tunnel, construction of toll roads, gas pipelines, sewerage treatment plants, Long Bay Jail refurb ‘et al’) on behalf of 1st ranking or 2nd ranking debt providers.   He attained a B.A. with a major in Economics and a Masters in Applied Finance - both from Macquarie University.

Baker's Dozen Unsustainable Problems is testimony that the more recent Warehouse Sentencing in some western countries, driven by Penal Populism, has failed Dozenly

After reading, evaluating the relevance and filing over 180 papers, submissions, articles, reports in his Articles & Reports - Bibliography, the Writer wrote his Discussion Paper titled Thinking Outside the Cell that prosecutes the case to re-Sentence both -

A.        Corporal Punishment (in lieu of approx. 50% of existing prison Sentences imposed by the Commonwealth, State and Territory courts) -
  *         to Suitable Male Criminals and for most Criminal Activities, except
Sadistic, Brutal, Heinous, Unprovoked Murder to Deter others from similarly transgressing; and
  *         to provide Justice for the Innocent Victim/s;
and

B.        Capital Punishment for an average of two of the Most Monstrous Convicted Murderers across Australia each year if found guilty Beyond any doubt of a Sadistic, Brutal, Heinous, Unprovoked Murder/s, in order to -

            (a)      reduce the magnitude of a Baker's Dozen Problems within the Australian prison system that are ostensibly due to Inept performance by our duly elected policy/law makers to reduce/mitigate the Dozen Unsustainable Prison Problems; and

            (b)      'cut' the horrendous annual homicide rates ostensibly caused by domestic violence;

            (c)       free-up Australia's prison institutions for Rehabilitation, adopting the Restorative Justice Model Successfully Adopted in Scandinavia since the late 20th century, San Patrignano, Northern Italy and Texas Justice Reinvestment, in particular Improving Responses to People with Mental Illnesses with Specialist Drug & Alcohol Treatment to then incorporate Education and Vocational Training to instill self-belief and optimism due to the opportunity for a chance at a paid job; and

            (d)      expedite custodial release back into the community by utilising an Electronic Monitoring Device as taxpayers into an employed job for a minimum of three months offered by Supportive ASX 200 Companies.

Texas USA has recently reversed its massive expenditure on prisons due to Justice Reinvestment.  Scandinavian countries have achieved success with Restorative Justice and do not experience the Baker's Dozen Problems to the same unsustainable extent as most of the USA states, the UK, Canada, Australia et al.  

Four Gears of Early Rehabilitation and Release forecasts the material reduction in the current $4b cost circa of the Australian Prison System upon the Public Purse by replacing approx half of current Jail Sentences for re-offenders with a SwiftFrightening and a Painful Dose of Corporal Punishment for Non-Murderous Crimes and for Suitable Male Criminals, so that the then potentially halved jail sentence addresses Rehabilitation and not Punishment

Rehabilitation would adopt Practices in Scandinavia and Texas to Improve Outcomes Due to Economic Necessity, namely -
*         Restorative Justice Model Successfully Adopted in Scandinavia since the late 20th Century; and
*        Texas Justice Reinvestment, in particular Improving Responses to People with Mental Illnesses with
Specialist Drug & Alcohol Treatment.

Logistics

A burnt DVD provides greater integrity than a USB Stick.  A DVD will auto-open (in a Windows operating system) at this letter which accesses the Discussion Paper.  Approx. 15 seconds after inserting the DVD in a DeskTop, click on the Windows pop up at the lower RHS of your monitor/screen.  Then click at the upper RHS of the screen at Letter_to_Professor_Andrew_Day_7-Dec-19.htm.  Whereupon the peer reviewer can readily read the Discussion Paper and click on the multiple embedded threads therein.

110+ Defined Terms avoid uncertainty/misinterpretation. 190+ documents, reports, articles, discussion papers et al in Articles & Reports - Bibliography are accessible via embedded threads.  In the vast majority of the 190+ Articles & Reports, the text from a downloaded PDF has been extracted and saved in a dedicated htm file.  Pertinent sections of text within those reports are background coloured.  The actual PDF of the primary source document/report/article is accessible by clicking on the initial thread at the top of the particular htm document's webpage.

None of the 190+ Articles & Reports that the Writer has researched has attempted what the Writer seeks to achieve, namely to present a Discussion Paper that sets out how to materially decrease the tangible and intangible costs/failings/weaknesses of Australia's Criminal Justice System, not limited to 1.  2. 3. and 4. in the above 'title/heading'.

Hopefully, academics/practitioners that profess to have an understanding of Australia's Criminal Justice System, and are concerned about 1.  2. 3. and 4. will -

A.        display requisite courage/concern to complete the Peer Review Form that asks explicit questions re the findings and recommendations in the Discussion Paper, and invites their thoughts/comments; and

B.        email their completed Form to the politician, or former politician, that undertakes to take carriage to 'inter alia' reduce the magnitude of a Baker's Dozen Problems within the Australian prison system. 

Webpage Femicide and Filicide lists various Not-For-Profits that would likely be interested in reading -

(i)        the Discussion Paper;

(ii)       'accepted/published' Peer Review Forms; and

(iii)      written 'Comments' from interested readers of (i) and (ii) above; and

(iv)      complete a Peer Review Form.

 

The Federal Govt. does not have to expend a King's Ransom from the Public Purse to receive a mandate from the Australian public to re-legislate both Capital Punishment and Corporal Punishment under specified circumstances.  Standard web software renders it a simple task to learn public opinion eg. GoPetition.  Vitally, unlike the Brexit fiasco, the Writer's Discussion Paper, and access to Peer Review Forms and 'Comments' on those Peer Review Forms, enables voters to understand all effects (changes/outcomes/ramifications) from voting YES.

Ponderables

The Father of Restorative Justice, Captain Alexander Maconochie, encountered strident criticism (back in the British Parliament) for his soft treatment of inmates during his four year stewardship at Norfolk Island from 1840.  During an era of vicious physical punishment, soft treatment wasn't the Current Wisdom for controlling hardened criminals on works gangs.  Accordingly, traditionalists in Britain spoke out judgmentally against Captain Alexander Maconochie.

Doubtless, today there are opponents of Thinking Outside the Cell, because those opponents hold the Current Wisdom, albeit that it wasn't the Current Wisdom amongst 97% of the 108 billion 'circa' Homo sapiens' 125,000 years' occupancy of terra firma.  Such adversaries invariably have no understanding of -

*         the Sadistic, Brutal, Premeditated, Unprovoked Murder/s committed by the 35 Never to be Released Inmates et al, explained in Most Heinous Of Convicted Murderers,

*         the abject QOL of Lifers 'Never to be Released'; or

*         $175,000 per inmate p.a. ($150,000 pa Administrative Cost + $25,000 Capital Expenditure costs) upon the Public Purse of retaining each, often in a 'vegetable state', in a Maximum Security Prison cell until each dies from old age.  In 2019 value dollars, incarceration of Ivan Milat for 23 years cost the Public Purse = $4.025m ($150,000 pa (Admin Costs) and $25,000 p.a. (Capex Costs) x 23 years.  Along with Martin Bryant and others, Ivan Milat should have been Sentenced to death by hanging after all appeals processes were exhausted.  "According to Ivan Potas and John Walker, more than 1,500 people were hanged between 1820 and 1900 in Australia.  From 1901 to 1967, Australian states carried out the death penalty on 114 occasions."  The vast majority, likely over 90% of those 1,500 Australians that were hung by the neck until dead during the 80 years to 1900, would not have committed the heinous murders that the 35 Never to be Released Inmates viciously and callously carried out.

SMH Note From The Editor - Wed, Mar 6, 2019 encapsulates topical community concern about halting domestic violence and Govt's recently announced budgets for preventative programmes.  The recent patent 'line in the sand' stand announced by the Aust. Rugby League over domestic violence by denying such accused ARL football players the things that mean the most to them (playing the game, earning high incomes, associated status) will have a far greater impact on reducing domestic violence amongst its players, than prevailing court concerns that are not in the mindset of many young footballers used to prevailing through physical force.

Counting Dead Women Australia claims that sixty-three Australian women were killed by domestic violence in 2018 At least one child in Australia is killed by a parent each fortnight, according to a report into filicide released by Australian Institute of Criminology in Feb 2019.  Australians want 2. (listed in the above 'title/heading') reduced, with flow-on effects to 1.  3. and 4.  Deterrents have to hit where they actually hurt, as prescribed in the 1st Prong and 2nd Prong - Deterrents that over 97% of the 108b Homo sapiens lived under over the last 125,000 years or so Sentencing should also recognize Justice for the Innocent Victim/s.

Yours sincerely

Philip J Johnston

 

 

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