Two recommended changes to Sentencing

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

Two recommended changes to Sentencing under criminal law within State and Territory jurisdictions in Australia to -

a) materially reduce the burgeoning annual expenditure on the Justice Sector - $18.431b in 2018-19, in particular the $4.416 billion expended on Corrective Services in 2017-18 - a real increase of 35% from five years earlier in 2012-13; and

b) instil a patent Deterrent to discourage potential law breakers.
A 'Two Pronged' change to Punishment and Rehabilitation of criminal offenders.

Sentenced Punishments need to actually Deter (frighten-off) criminal behaviour, as it did through out Homo sapiens 125,000 years' occupancy of terra firma before Society jumped ahead along Homo sapiens 'punishment/development curve' ostensibly due to the recent scourge of illicit drug use and associated increased mental illness, not limited to homicides, rapes, Domestic Violence and Street Gang Theft too often associated with the hubris of group participation.

1st Prong

A) A return to a Swift, Frightening and a Painful Dose of Corporal Punishment in line with those Sentenced in the final 30 years of Judicial Corporal Punishment for Adults in Australia until the mid-1940s for Non-Murderous Crimes for Suitable Male Criminals to replace approx half of current Jail Sentences because 'inter alia' Western society has jumped ahead along the punishment/deterrent curve ostensibly due to the illicit drug scourge;

B) Then Rehabilitation adopting Practices in Scandinavia and Texas to Improve Outcomes Due to Economic Necessity:

* 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

C) Incorporating Education and Vocational Training to instil self-belief and optimism due to the opportunity of a paid job for most "longer-Sentence inmates"; and

D) To expedite 'custodial release' of traditional "longer term inmates" (utilising an Electronic Monitoring Device) into an employed job for a minimum of three months offered by Supportive ASX 200 Companies, with such inmates securing stable accommodation prior to release.

2nd Prong

The below Sentence to be carried out each year to One, Two or perhaps Three of the Most Monstrous Convicted Murderers, Terrorists, Serial Rapists, Paedophiles and Child Killers found guilty Beyond any doubt of the Sadistic, Brutal, Premeditated, Unprovoked Murder (classified as a Level 1 'criminal offence') after an Infliction of Corporal Punishment a week prior to Execution:

(a) 3 lashes of the Cat 'O Nine Tails liberally struck upon the bare back above the kidneys; and

(b) 3 canings of an Australian Rattan liberally struck upon the bare buttocks below the kidneys.

Seven days after such Corporal Punishment is inflicted, the Sadistic, Brutal, Premeditated, Unprovoked Murderer (male adult) is hung by the neck until dead with approx. 20 witnesses drawn from the community, who are then able to comment to the media regarding the impact upon them of witnessing the 6 lashes/canings inflicted and the subsequent execution by hanging.

Implementing 1. and 2. above will inter alia materially reduce the Baker's Dozen Unsustainable Problems Within the Australian Prison System because Sentenced Punishments need to manifestly Deter criminal behaviour, as it did through out Homo sapiens 125,000 years' occupancy of terra firma before Society jumped ahead along Homo sapiens 'punishment/development curve' due to the recent scourge of illicit drug use and associated increased mental illness, not limited to murders, rapes, Domestic Violence and Street Gang Theft; the latter too often associated with the hubris of group participation.

Re 2. above, let us consider a few numbers to try and comprehend the cost-ineffectiveness of committing evil, heinous murderers to three meals a day, and a warm bed in a tiny steel cage until they die - several are explained in Rationale for seeking the Death Penalty to be Sentenced to an average of two heinous, callous murderers annually:

In Australia in the nineteenth century as many as 80 persons were hanged per year for crimes such as burglary, sheep stealing, forgery, sexual assaults and even, in one case, 'being illegally at large', as well as for murder and manslaughter. This was at a time when the population was counted in the hundreds of thousands, rather than millions.
Below are executions in Australian states during the 20th Century:
1900 to 1909 - 55
1910 to 1919 - 26
1920 to 1929 - 14
1930 to 1939 - 12
1940 to 1949 - 5
1950 to 1959 - 10
1960 to 1969 - 6
In the 29 years from June 1990 to June 2018 there were 8,126 reported incidents of homicide in Australia at an average rate of 280 homicides annually.
43,028 inmates were incarcerated in Australia's state and territory prisons at 30 June 2019, with 2 ,088 inmates serving a Sentence of '20 years and over' or a 'Life Sentence'.
Average cost per inmate serving a Sentence of Life Without Parole (based on the average annual cost of Maximum Security Incarceration in 2020) across 76 Heinous Murderers over the last 35 years is $7,000,559 - a smidgeon over $7m burdened upon the Public Purse each time a Life Without Parole sentenced is imposed.
In 1996 Leader of the NSW State Opposition, Nick Greiner, handed 10,000 petitions to the then Premier, Neville Wran, seeking the death penalty for the five Anita Cobby rape murderers. The projected cost to imprison Anita Cobby’s five murderers in Maximum Security Incarceration until they die is $42.525 million circa (because the offenders were so young).
There are a Baker's Dozen Unsustainable Problems Within the Australian Prison System one of which is that Many Prisons Are At Breaking Point With Associated Problems.
In 2017-18 net operating expenditure on Corrective Services (prisons and other correctional facilities) across Australia, including depreciation, was $4.416 billion - a real increase of 35% from five years earlier in 2012-13.
Australia's whacko Recidivism/re-offending rates are a testament that jail incarceration is not crime Deterrent-effective expenditure of the Public Purse. No one will deny that prison is a failed Sentence for Punishment and Deterrent.
Capital Punishment is Sentenced in many of the largest countries, including two Commonwealth of Nations countries in South-East Asia, and Japan.

Section B separately profiles each of 76 heinous murderers Sentenced to Life without parole who killed 200 innocent people, several being children. Maximum Security Incarceration for those heinous murderers have cost, are costing and will cost, the Public Purse a smidgeon over half a billion Australian dollars by the time all 76 are dead. For those that struggle with large numbers, half a billion is 500 million. That is a lot of millions, in fact, $500,000,000 to provide inter alia a warm bed, and three meals a day, when those vicious, callous murderers didn't afford that luxury to their victim/s.

Those 76 heinous murderers (profiled in Section B) murdered a mere 2½% of the 7,699 reported murders over the 27 years to June 2016 - too many were children. Hopefully, the magnitude of the cost of incarcerating the 2,088 inmates serving a Sentence of '20 years and over' or 'Other' or a 'Life Sentence' is becoming apparent. The maximum penalty for murder should have included the Sentencing of hanging by the neck until dead for many of those murders effectively sentenced to Life without parole during the last 35 years.

Below are extracts from Believers that the Death Penalty is inhumane and cruel that establish the fallacy that execution is cruel and inhuman:

“Before I went to jail I was opposed to the death penalty, not because it’s too cruel, but it’s too kind,” he said. “When I went to jail that view was reinforced because when you’re never to be released, that’s taking away the only thing you ever had and that’s hope.”

“If you don’t have hope, you don’t have anything. Death is a much better option for them because it’s over and it’s finished.”

Below are extracts from Fighting to End the Other Death Sentence: Life Without Parole - by Jean Trounstine, Truthout - Sept 16, 2018 that reinforce that Life Without Parole is more cruel than execution for heinous murderers that will never be released because of their deranged, callous, cruel execution of other human/s, too often defence-less women and/or children:

In an August 26 interview with MSNBC, formerly incarcerated activist, Darren Mack, described LWOP as “death by incarceration,” explaining, “You will not leave prison until you die".

”Noted political scientist and author, Marie Gottschalk, has called life without parole “death in slow motion.”

Pope Francis deemed it “a death penalty in disguise.”

Kenneth Hartman, who served more than 37 years in prison before California governor, Jerry Brown, commuted his sentence, was the first to label it “the other death penalty.” When he was still behind bars, Hartman wrote for The Marshall Project that life without parole is “the sense of being dead while you’re still alive, the feeling of being dumped into a deep well struggling to tread water until, some 40 or 50 years later, you drown.”

Ipso facto, 'economic necessity', the need to instil a patent Deterrent, and now to ensure 'social distancing' due to COVID-19, impels our politicians to re-introduce the Sentence of Capital Punishment for the Most Monstrous, Heinous Convicted Murderers, Terrorists, Serial Rapists, Paedophiles and Child Killers sentenced Never to be Released that have been found guilty Beyond any doubt of guilt, likely as low as One, Two or perhaps Three executions annually, because of the patent Deterrent effect on committing future prospective murders due to the prospect of hanging by the neck until dead, after being flogged a week beforehand.

Anyone who reads a dozen or more of the 76 profiles in Section B would likely struggle to understand the rationale of our law makers providing three meals a day and a warm bed for life for people who unprovoked willingly took the life of another, or others, more often cold-heartedly and callously, when the cost of Maximum Security Incarceration is -

a). $175,000 per inmate per annum; and

b). $7,000,559 cost per inmate serving a Sentence of Life Without Parole - averaged across 76 Heinous Murderers that date back 35 years - reviewed in Section B.

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