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Some might call me opinionated. Others may call me dogmatic. The overwhelming majority, however, call me a belligerent, pedantic know-all. And who am I to argue with a democratic mandate, eh? Never let it be said, though, that I am without a sense of the absurd. What? I thought I told you never to say that.
THE EMPEROR STRIKES BACK
Laura Norder and the Phantom Menace
(I wrote this letter to the editor of the Brisbane "Courier-Mail" during the time my younger daughter was in jail. Corrective Services did not have the resources to offer the personal development and educational courses prisoners had to complete as part of their rehabilitation plan. And of course a prisoner was not eligible for parole unless he or she was "rehabilitated". The letter was published, but wihtout all the best bits. Pooh!)
Anyone remember "Fractured Fairy Tales" on TV? The operation of our parole system must seem to its subjects like a film noir version of "The Emperor's New Clothes".
Parole Board Chairman Frank Lippatt, commenting on approvals of day release for prisoners refused early release by the Board, was quoted as saying it would be "a serious abrogation of responsibility to approve early release before whatever caused the offending behaviour has been addressed". Few would disagree that this is a sound enough principle.
Under our present parole system, prisoners must demonstrate compliant and cooperative behaviour in order to qualify for parole. As well, prisoners must show the Parole Board that they have been reeducated, by completing prescribed "core courses" in areas such as cognitive skills, anger management and drug relapse prevention.
District Court Judge Patsy Wolfe is to be applauded for exposing the Emperor's fraud and pointing out the blindingly obvious -- that for many prisoners these requirements are a stark and naked impossibility. This is not through any lack of sincere motivation or desire to change, but simply because the requisite courses are not available to them.
Judge Wolfe speaks the naked truth: this is indeed a mockery, and it is the custodial inmates who are being taunted by this "Catch 22". My 19 year old daughter (presently an inmate of Brisbane Women's Correctional Centre) has just gone through this same farcical scenario with the Voice of Authority.
"You are a villain on your own admission and must go directly to jail, where you will learn to change your wicked ways and be rehabilitated. When this has come to pass {but in any case no sooner than when you have served (x + y to the 18th power minus the number you first thought of) of your sentence} you may apply to the Parole Board for early release."
"It's a fair cop, guv'nor. How will Her Majesty be pleased to change my wicked ways and rehabilitate me so I'll be fit for normal social intercourse?"
"While a guest of Her Majesty, you will undertake courses and be instructed in the ways of Anger Management, Relapse Prevention, Self-Esteem and other social skills deemed essential by the forces of Laura Norder. [The Voice of Authority makes a warding sign with the right hand, whilst crossing the fingers of the left hand behind its collective back]. In addition, you will, at your prescribed, regular, compulsory Sentence Reviews, be granted Brownie Points for keeping yourself nice."
"Bewdy -- sign me up."
"Ah -- I'm afraid that's impossible. There are no courses running at present, and in any case working out how to get Protection inmates to courses, work, therapy, recreation or education is just too, too tiresome. Oh, and by the way -- we're short-staffed just for the moment, so your Sentence Review will be a few months late and you'll miss a couple of teensy-weensy Brownie Points. So sorry."
"But then I won't be empowered to change my wicked ways and get rehabilitated, and the Parole Board won't grant me the boon of Resettlement into the Ways of normal social intercourse!"
"True. You'll just have to be entertained by HM's hospitality a bit longer, so that you will learn to change your wicked ways and be rehabilitated."
"But don't the honest, upright, experienced, qualified, intelligent Lords and Ladies of the Honourable Parole Board KNOW that we can't do the courses because there aren't any courses, or that we've been Keeping Ourselves Nice like billy-oh but Sentence Management hasn't marked the scorecard yet because they're short-staffed?"
"Well, yes.... but they've got their job to do, you see. They don't make the rules; it's more than their job's worth to point out what their job's worth under the present rules, if you get my drift. They do mean well, though."
"Strike me! I thought it was The Law what made the rules about the whole parole and early release thing?"
"That is correct. Parliament makes The Law. However, the Judiciary (that is, the Judges and Courts and so on), because they are impartial and independent, merely apply The Law as it is. All the messy details are left to Government departments, Commissions, Public Sector corporations, independent statutory bodies and contracted suppliers of services, to deal with according to the will of the Government of the day -- not to mention Ministers and their Senior Policy Advisor mates. None of them talk to each other. This is the Way of the Separation of Powers, ignorance of which can kill even members of the Inner Cabinet."
"You're saying that even though I'm stuck here because I broke The Law, and The Law sez I've got to stay in prison and be rehabilitated and have respect for The Law, the Profits say there's no money and no staff to teach me the Ways of normal social intercourse. So The Law about parole and early release is a bit of a bouncer at my end of the sticky wicket, innit?"
"Oh, well played! Off you go then -- see you in six months."
"But...?"
(Under the stern but benignly parental gaze of the Voice of Authority, a bewildered Inmate X, wondering why the Voice of Authority sounds so different from the Voice of Justice, is escorted back to her cell and lock-down. She whiles away the hours of darkness wondering if her $15.00 allowance this week will extend to a bottle of shampoo and a small pouch of White Ox and papers, as well as a packet of Twisties for her 5 year old cousin who might visit next Sunday).
Justice is not the exclusive province of victims, even though they must and should be the law's primary concern. How can we expect offenders to learn to respect and obey the law, when our institutions of government, law and public service show such cynical disregard for the very instruments of societal regulation that they make and enforce? Traditionally, Justice is blind. If we, as a society, believe in our system of justice, then it must not only be done, but it must be seen to be done.
Justice in its truest sense is about restoring a balance: in this, the law and the judicial system must be impartial and equally weighted. Nevertheless, Justice and Corrective Services still suffer the same fate as other government-controlled human services. The Emperor goes forth in splendid new clothes -- have a look at the new Lego-Land Wolston Correctional complex with its multicolored toytown chalets. Meanwhile, the people who perforce live with the meagre substance, rather than the external façade, of justice still count the days, in the same old shabby second-hand underwear.
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