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NCJ Number: 66053 Find in a Library
Title: SOME ASPECTS OF PUNISHMENT OF FEDERAL OFFENDERS (FROM PROBLEMS OF CRIME IN A FEDERAL SYSTEM, 1979 - SEE NCJ-66050)
Author(s): D CAPPELL
Corporate Author: Institute of Criminology
Sydney University Law School
Australia
Date Published: 1979
Page Count: 22
Sponsoring Agency: Institute of Criminology
Sydney, 2000, Australia
Format: Document
Language: English
Country: Australia
Annotation: PROBLEMS ASSOCIATED WITH AUSTRALIAN STATES PROCESSING FEDERAL OFFENDERS DERIVE PARTICULARLY FROM THE LACK OF UNIFORMITY.
Abstract: AS PRESENTLY STRUCTURED, THE ADMINISTRATION OF FEDERAL CRIMINAL JUSTICE PROVIDES THAT AUSTRALIAN STATE COURTS AND CORRECTIONAL FACILITIES BE USED IN THE PROCESSING AND DISPOSITION OF FEDERAL OFFENDERS. THIS PROCEDURE PRODUCES DIFFERENTIAL TREATMENT OF FEDERAL OFFENDERS IN VARIOUS STATES WHO HAVE BEEN CONVICTED OF VIOLATIONS OF THE SAME FEDERAL STATUTE. SENTENCING OPTIONS AVAILABLE TO JUDICIAL OFFICERS IN VARIOUS STATES DIFFER, AS DO PRISON CONDITIONS. ALSO, IMPRISONED FEDERAL OFFENDERS ARE CONFRONTED WITH WIDELY VARYING PAROLE AND REMISSION ELIGIBILITY REQUIREMENTS. THE CONCEPT OF FAIRNESS IN THE ADMINISTRATION OF JUSTICE REQUIRES THAT SOME REMEDY BE FOUND FOR THIS LACK OF UNIFORMITY IN THE TREATMENT OF FEDERAL OFFENDERS. THE AUSTRALIAN LAW REFORM COMMISSION IS CURRENTLY CONSIDERING THE ISSUES INVOLVED. ONE SUGGESTION FOR CHANGE IS THAT AUSTRALIA ADOPT A FEDERAL CRIMINAL JUSTICE SYSTEM OF COURTS AND CORRECTIONS SEPARATE FROM THE STATES, AFTER THE FASHION OF THE UNITED STATES. OPPONENTS OF SUCH A PROPOSAL ARGUE THAT THE NUMBER OF FEDERAL OFFENDERS DOES NOT WARRANT THE COST OF ERECTING A SEPARATE FEDERAL SYSTEM. ANOTHER APPROACH RECOMMENDS THAT THE FEDERAL GOVERNMENT ASSUME TOTAL CONTROL OF ALL CORRECTIONS, INCLUDING BOTH FEDERAL AND STATE OFFENDERS. THIS WOULD ENSURE UNIFORMITY OF OFFENDER TREATMENT THROUGHOUT THE COMMONWEALTH. A THIRD APPROACH STRIKES A MIDDLE-GROUND BY SUGGESTING FEDERAL INTERVENTION IN CERTAIN PRESCRIBED AREAS, SUCH AS THE ESTABLISHMENT OF MINIMUM STANDARDS FOR THE TREATMENT OF FEDERAL OFFENDERS, ABOLITION OR MODIFICATION OF PAROLE AND THE ESTABLISHMENT OF STANDARD REMISSION PERIODS FOR FEDERAL OFFENDERS, AND SENTENCE APPEALS TO THE FEDERAL COURT IN FEDERAL CRIMINAL MATTERS. TABULAR AND GRAPHIC DATA ON FEDERAL OFFENDERS AND OFFENSES ARE PROVIDED. (RCB)
Index Term(s): Australia; Federal law violations; Federal parole guidelines; Intergovernmental relations; Reform; Sentencing disparity; State correctional facilities
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66053

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