Home truths about home detention

Bagaric, Mirko 2002, Home truths about home detention, Journal of criminal law, vol. 66, no. 5, pp. 425-443.

Attached Files
Name Description MIMEType Size Downloads

Title Home truths about home detention
Author(s) Bagaric, Mirko
Journal name Journal of criminal law
Volume number 66
Issue number 5
Start page 425
End page 443
Publisher Vathek Publishing
Place of publication Dalby, England
Publication date 2002
ISSN 0022-0183
1740-5580
Keyword(s) Home detention
Summary The Victorian Parliament has recently introduced a Bill which implements home detention as a sentencing option. Home detention is an intuitively appealing reform. The logic behind the proposal seems obvious. Prisons are expensive to run. There are too many offenders in prison. So let's take the cost out of prison by turning the homes of offenders into prisons: classic, user-pays, cost-shifting economics. The level of superficial appeal of the argument in favour of home detention is matched only by the depth of the fallacies underpinning some of the fundamental premises. The most basic of which is the assumption that offenders who are candidates for the new sanction should be in detention (of any kind) in the first place. Further, the narrow objective of reducing imprisonment is misguided. It should not be elevated to a cardinal sentencing objective?otherwise total success could be achieved by simply opening the prison gates. There are also other concerns about the appropriateness of home detention. The degree of pain it inflicts in many cases is questionable and it may also violate the principle that punishment should not be inflicted on the innocent. After examining the arguments for and against home detention, this article suggests the approach that should be adopted to achieve enlightened and meaningful sentencing reform.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2002, Vathek Publishing
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001846

Document type: Journal Article
Collection: School of Law
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Access Statistics: 558 Abstract Views, 0 File Downloads  -  Detailed Statistics
Created: Mon, 07 Jul 2008, 08:08:22 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.