Arie Freiberg
Biographic Data
| ID | 1492963 |
|---|---|
| NAME | Arie Freiberg |
| GIVEN NAMES | Arie |
| FAMILY NAME | Freiberg |
| SIGNATURE | FREIBERG A |
| AFFILIATIONS | Monash University |
| ORCID | 0000-0003-0099-3164 |
| VERIFIED | Yes |
| TOTAL WORKS | 32 |
| TOTAL CITATIONS | 71 |
| WORKS AS AUTHOR | 31 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1984 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 5 |
Sentencing Guidelines and Commissions
Reflections on 50 years of sentencing reform
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 …
Parole on Probation
Parole populism and hard cases
Thomas Guiney, Getting Out
Penal diversity, penality and community sanctions in Australia
This article explores Australian penal diversity, through the lens of community sanctions. We first examine what is meant by ‘community sanctions’ and suggest that the problem of definition provides one of the reasons for the dearth of comparative studies on their use, compared with prison studies. The article then examines the concept of punitiveness, ‘penal reach’ or ‘penal load’. This is followed by examination of the use of community correcti…
The ‘forever war’ on red tape and the struggle to improve regulation
Since the 1970s, Australian governments have sought to reduce regulatory burdens, particularly on business, subject regulation to rigorous cost–benefit analysis and constrain both the stock and flow of new regulation. Yet, however, measured, regulation continues to grow, frequently in response to community demand. In this article, we interrogate both the more extreme claims of the anti‐regulation advocates and the alleged successes of anti‐red ta…
Building Public Confidence in Parole Boards
Parole and parole boards play critical roles in criminal justice systems. With parolee numbers and imprisonment rates increasing in many countries, parole decision-making is a crucial contributor to prison population sizes and, more broadly, public confidence in the operation of correctional systems. This article examines the public understanding of and confidence in parole, from the perspectives of parole board members and other parole authority…
Parole on Probation
Street time is no sweet time
This article examines how time spent on parole, commonly known as ‘street time’, is dealt with where a parolee breaches their parole. In some jurisdictions, street time is credited as time served, in some it is forfeited and, in others, parole authorities have discretion whether to grant credit. This article examines Australian laws regarding credit for street time, presents the data available, and considers the rationale for and against creditin…
Redemption or forfeiture? Understanding diversity in Australians’ attitudes to parole
Recent Australian reforms to parole following high-profile violations are premised on a purported public desire for greater restrictions on the use of parole. These changes reflect the tendency of legislatures to presume that the public is largely punitive and invoke a ‘forfeiture’ of rights rationale that weakens support for offender rehabilitation. We consider whether restricting parole is based on a sound reading of public views. Drawing on a …
You be the judge
In the light of proposals to give jurors a sentencing role in response to media portrayals of judges as soft on crime and out of touch, this article reports on a study which explored jurors’ thoughts about such a role using survey questions and interviews. Most shied away from such a role
Mandatory sentencing? Use [with] discretion
When asked about sentencing discretion and mandatory sentences, jurors participating in the Victorian Jury Sentencing Study expressed strong support for sentencing discretion and weak support for mandatory sentences despite a belief by jurors that, in general, sentences are too lenient. This strengthens the argument that polls that pose a general question about mandatory sentences or sentencing severity divorced from the context of a specific cas…
Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia
In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentenc…
Parole, populism and penal policy
Parole plays a significant part in the Australian criminal justice system. In March 2017, there were over 14,000 people on parole across Australia and, with prison numbers now well over 40,000, this and the number of those eligible for parole are likely to increase
Measuring jurors’ views on sentencing
This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria partic…
The Road Well Traveled in Australia
Identifying the nature and causes of penal change over decades can be a fraught exercise, particularly where those changes are gradual and the reasons for changes are diffuse. Like climate change and weather patterns, Australia’s rising prison population is the product of forces that are also evident in Western Anglophonic societies but that vary in scale and speed depending on local conditions. These forces include penal populism, media influenc…
Penal diversity within Australia
In this article, we start from internationally developed models explaining growing punitiveness and increasing imprisonment rates, to analyse the penal situation within Australia. While the eight Australian jurisdictions share many of the characteristics that have been identified as being important determinants of the size of the prison population, local features of these societies result in significant differences in punishment. The aim of the a…
Penal Populism, Sentencing Councils and Sentencing Policy
Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field.Penal Populism presents theoretical perspectives on the role of the …
Rebecca Tiger, Judging Addicts
M. Tonry, Thinking about Punishment
The Limits to Evidence‐Based Policy
While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are p…
Provocation in Sentencing
In a number of jurisdictions, including Victoria, the partial defence of provocation has been abolished. Provocation will now be considered in the sentencing process, alongside other sentencing factors that the court must take into account to arrive at an appropriate and proportionate sentence. We argue that, rather than being one of the many general mitigating factors that a court must consider, provocation is relevant to the degree of the offen…
Between bail and sentence
Using the tax system to collect fines
In this article we consider the possibility that fines could be collected through the tax and social welfare systems in the same way as higher education contributions and child support payments are currently administered. We argue that the existing system of fine collection and enforcement leads to high default rates and reduces the usefulness of fines as a sanction. We consider a range of models for the implementation of an income‐related fine c…
Affective Versus Effective Justice
This article argues that if crime prevention policies are to succeed in the political or public spheres they must address some of the deeper emotional or affective dimensions of crime and its place in society. While crime prevention remains a predominantly `rationalist' approach to criminal policy it will fail to compete successfully with the more emotive law and order policies which tend to resonate with the public and which appear to meet deep-…
The Limits to Evidence‐Based Policy
While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are p…
Penal diversity within Australia
In this article, we start from internationally developed models explaining growing punitiveness and increasing imprisonment rates, to analyse the penal situation within Australia. While the eight Australian jurisdictions share many of the characteristics that have been identified as being important determinants of the size of the prison population, local features of these societies result in significant differences in punishment. The aim of the a…
Reconceptualizing Sanctions
This article is an attempt to extricate sanction analysis from its criminological context and to focus on the sanction as an independent realm of knowledge. A framework for the study of sanctions based on power relations is suggested which has three major aspects: first, sanction form, of which seven types are identified (physical, economic, social, informational, political, privacy, and legal); second, sanction mode (postulated as either positiv…
State Intervention and the Civil Offense
The growth of state interventionism, especially in the post-war era, has been associated with the proliferation of legal innovations. This paper examines the development of novel hybridizations of civil and criminal forms, developed largely to facilitate state regulation. Such hybrids, referred to here as civil offenses, combine civil proceedings, often referred to as prosecutions, with notions of convictions for which penalties are imposed. The …
Measuring jurors’ views on sentencing
This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria partic…
Building Public Confidence in Parole Boards
Parole and parole boards play critical roles in criminal justice systems. With parolee numbers and imprisonment rates increasing in many countries, parole decision-making is a crucial contributor to prison population sizes and, more broadly, public confidence in the operation of correctional systems. This article examines the public understanding of and confidence in parole, from the perspectives of parole board members and other parole authority…
Using the tax system to collect fines
In this article we consider the possibility that fines could be collected through the tax and social welfare systems in the same way as higher education contributions and child support payments are currently administered. We argue that the existing system of fine collection and enforcement leads to high default rates and reduces the usefulness of fines as a sanction. We consider a range of models for the implementation of an income‐related fine c…
Redemption or forfeiture? Understanding diversity in Australians’ attitudes to parole
Recent Australian reforms to parole following high-profile violations are premised on a purported public desire for greater restrictions on the use of parole. These changes reflect the tendency of legislatures to presume that the public is largely punitive and invoke a ‘forfeiture’ of rights rationale that weakens support for offender rehabilitation. We consider whether restricting parole is based on a sound reading of public views. Drawing on a …
Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia
In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentenc…
Drug Courts
State Intervention and the Civil Offense
The growth of state interventionism, especially in the post-war era, has been associated with the proliferation of legal innovations. This paper examines the development of novel hybridizations of civil and criminal forms, developed largely to facilitate state regulation. Such hybrids, referred to here as civil offenses, combine civil proceedings, often referred to as prosecutions, with notions of convictions for which penalties are imposed. The …
Reconceptualizing Sanctions
This article is an attempt to extricate sanction analysis from its criminological context and to focus on the sanction as an independent realm of knowledge. A framework for the study of sanctions based on power relations is suggested which has three major aspects: first, sanction form, of which seven types are identified (physical, economic, social, informational, political, privacy, and legal); second, sanction mode (postulated as either positiv…
Abolish Children's Courts? Juveniles, Justice and Sentencing
(1993). Abolish Children's Courts? Juveniles, Justice and Sentencing. Current Issues in Criminal Justice: Vol. 4, No. 3, pp. 240-262
Commercial Confidentiality, Criminal Justice and the Public Interest
(1997). Commercial Confidentiality, Criminal Justice and the Public Interest. Current Issues in Criminal Justice: Vol. 9, No. 2, pp. 125-152
Commercial Confidentiality And Public Accountability For The Provision Of Correctional Services
(1999). Commercial Confidentiality And Public Accountability For The Provision Of Correctional Services. Current Issues in Criminal Justice: Vol. 11, Private Prisons, pp. 119-134
Affective Versus Effective Justice
This article argues that if crime prevention policies are to succeed in the political or public spheres they must address some of the deeper emotional or affective dimensions of crime and its place in society. While crime prevention remains a predominantly `rationalist' approach to criminal policy it will fail to compete successfully with the more emotive law and order policies which tend to resonate with the public and which appear to meet deep-…
Drug Courts
Between bail and sentence
Using the tax system to collect fines
In this article we consider the possibility that fines could be collected through the tax and social welfare systems in the same way as higher education contributions and child support payments are currently administered. We argue that the existing system of fine collection and enforcement leads to high default rates and reduces the usefulness of fines as a sanction. We consider a range of models for the implementation of an income‐related fine c…
Provocation in Sentencing
In a number of jurisdictions, including Victoria, the partial defence of provocation has been abolished. Provocation will now be considered in the sentencing process, alongside other sentencing factors that the court must take into account to arrive at an appropriate and proportionate sentence. We argue that, rather than being one of the many general mitigating factors that a court must consider, provocation is relevant to the degree of the offen…
The Limits to Evidence‐Based Policy
While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are p…
M. Tonry, Thinking about Punishment
Rebecca Tiger, Judging Addicts
Penal Populism, Sentencing Councils and Sentencing Policy
Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field.Penal Populism presents theoretical perspectives on the role of the …
Penal diversity within Australia
In this article, we start from internationally developed models explaining growing punitiveness and increasing imprisonment rates, to analyse the penal situation within Australia. While the eight Australian jurisdictions share many of the characteristics that have been identified as being important determinants of the size of the prison population, local features of these societies result in significant differences in punishment. The aim of the a…
Measuring jurors’ views on sentencing
This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria partic…
The Road Well Traveled in Australia
Identifying the nature and causes of penal change over decades can be a fraught exercise, particularly where those changes are gradual and the reasons for changes are diffuse. Like climate change and weather patterns, Australia’s rising prison population is the product of forces that are also evident in Western Anglophonic societies but that vary in scale and speed depending on local conditions. These forces include penal populism, media influenc…
Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia
In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentenc…
Parole, populism and penal policy
Parole plays a significant part in the Australian criminal justice system. In March 2017, there were over 14,000 people on parole across Australia and, with prison numbers now well over 40,000, this and the number of those eligible for parole are likely to increase
Redemption or forfeiture? Understanding diversity in Australians’ attitudes to parole
Recent Australian reforms to parole following high-profile violations are premised on a purported public desire for greater restrictions on the use of parole. These changes reflect the tendency of legislatures to presume that the public is largely punitive and invoke a ‘forfeiture’ of rights rationale that weakens support for offender rehabilitation. We consider whether restricting parole is based on a sound reading of public views. Drawing on a …
You be the judge
In the light of proposals to give jurors a sentencing role in response to media portrayals of judges as soft on crime and out of touch, this article reports on a study which explored jurors’ thoughts about such a role using survey questions and interviews. Most shied away from such a role
Mandatory sentencing? Use [with] discretion
When asked about sentencing discretion and mandatory sentences, jurors participating in the Victorian Jury Sentencing Study expressed strong support for sentencing discretion and weak support for mandatory sentences despite a belief by jurors that, in general, sentences are too lenient. This strengthens the argument that polls that pose a general question about mandatory sentences or sentencing severity divorced from the context of a specific cas…
Street time is no sweet time
This article examines how time spent on parole, commonly known as ‘street time’, is dealt with where a parolee breaches their parole. In some jurisdictions, street time is credited as time served, in some it is forfeited and, in others, parole authorities have discretion whether to grant credit. This article examines Australian laws regarding credit for street time, presents the data available, and considers the rationale for and against creditin…
Thomas Guiney, Getting Out
Penal diversity, penality and community sanctions in Australia
This article explores Australian penal diversity, through the lens of community sanctions. We first examine what is meant by ‘community sanctions’ and suggest that the problem of definition provides one of the reasons for the dearth of comparative studies on their use, compared with prison studies. The article then examines the concept of punitiveness, ‘penal reach’ or ‘penal load’. This is followed by examination of the use of community correcti…
Political science (30 works) · Law (27 works) · Law (25 works) · Criminal Justice and Corrections Analysis (23 works) · Criminology (20 works) · Sociology (20 works) · Psychology (18 works) · Politics (10 works) · Social Psychology (8 works) · Social Psychology (8 works)