Mahoney Inquiry: Missed Opportunities: A Critical Analysis

Cheryl Ann Eastman

This thesis is a critical analysis of the Mahoney Inquiry, with a particular focus on issues that relate to parole. It aims to understand the political forces that influence criminal justice policies, namely parole. This thesis argues that through political pressure, parole has evolved into a sanction which contains elements of both punishment and rehabilitation or what has more recently be named, risk control and risk reduction. Parole policies which advocate the use of punishment and risk control will thus be argued to have emanated from popular punitivism, specifically designed to appeal to voters rather than actually preventing or reducing crime. This study takes the view that the focus on punishment through risk control mechanisms in parole has adversely impacted on the management of offenders on parole. Risk control and risk reduction ideals have ultimately lead to inconsistent goals at both the sentencing stage of parole, and also the management of offenders on parole in the community. This thesis will highlight the areas in the Mahoney Inquiry that advocate the use of these inconsistent goals. This thesis argues that the implementation of the proposed policies and practices laid out in the Mahoney Inquiry are likely to lead to little, if not any, changes to parole in Western Australia. Parole will therefore continue to be a political anathema with continued concerns about sentencing disparity, judicial leniency and the failures of the criminal justice system to eliminate or reduce crime. This thesis will simultaneously argue that policies stemming from 'tough' attitudes towards crime will not reduce parolee recidivism. Finally, this thesis will suggest additional and alternative recommendations to those in the Mahoney Inquiry which ensure both public satisfaction and protection of offenders' civil rights.

Mahoney Inquiry: Missed Opportunities: A Critical Analysis

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