The Weight of the Sword of Damocles: A Reconviction Analysis of Suspended Sentences in Tasmania

Abstract

S uspended sentences are a widely used but controversial sentencing disposition. This article presents reconviction rates for all sentences imposed over a 2-year period in the Tasmanian Supreme Court, as well as examining different outcomes on the basis of key sentencing variables, including offence type and prior record. The results demonstrate that suspended sentences have comparatively low reconviction rates. The study examines the relative frequency and seriousness of offending, thereby overcoming a common criticism of reconviction studies that they are an 'all-or-nothing' measure, which does not take into account changes in offending patterns. The study also avoids the common error of misattributing reconviction rates to incidences of offending that occurred prior to the imposition of the relevant sentence by excluding pseudoreconvictions, and the findings indicate the extent to which pseudoreconvictions can skew reconviction results. In addition, the use of suspended sentences in combination with other orders, and the reconviction outcomes of such sentences, is analysed. The article concludes with a discussion of the implications of my findings for the further use of suspended sentences, and for future research.

Recidivism rates in individuals receiving community sentences: A systematic review

“…Of the 20 countries with the largest prison populations, recidivism reports were identified for the USA and UK. The data were mostly reported by governmental agencies; however, five identified papers were published in journals [12, 26, 27, 28, 29]. The results are provided separately for reconviction (Fig 2; Tables 1 and 3) and rearrest rates (Tables 2 and 3) for follow-up periods of one, two, three, five, and seven years.…”

Suspending re-offending? Comparing the effects of suspended prison sentences and short-term imprisonment on recidivism in the Netherlands

“…It seems that the lower reconviction rates after short-term imprisonment were the result of the suppression effect of a first experience of incarceration (Wilson, 1983), whereas suspended sentences were nothing more than a 'slap on the wrist' (Freiburg and Moore, 2009). It is possible that offenders considered suspended sentences to be a soft option, unlike imprisonment, which gave a clear warning that their behaviour was unacceptable (Bartels, 2009). As Bagaric (1999: 548) states: 'suspended sentence suffers from the fundamental flaw that it does not constitute a discernible unpleasantness.…”

“…He concludes that the results of his research are in line with labelling theory. Bartels (2009) studied criminal records of 588 offenders sentenced to fully or partly suspended sentences, non-custodial order or imprisonment in Tasmania, Australia. She examined reconviction rates during a two-year follow-up period.…”

“…In addition, the authors found higher reconviction rates for first offenders given suspended sentences (27 percent) compared with first offenders given immediate imprisonment (15 percent). Bartels (2009) also found that first offenders given suspended sentences had a higher reconviction rate than first offenders sentenced to imprisonment, 'a finding that contradicts the conventional wisdom that wholly suspended sentences are particularly appropriate for first offenders' (Bartels, 2009: 92). Soothill (1981) focused on two cohorts (1968/9 and 1972/3) of recidivists serving a suspended sentence in London, UK.…”

Suçun Önlenmesinde Hapis Cezası ile Seçenek Yaptırımların Etkinliğinin Karşılaştırılması: Meta-Analiz Çalışmalarının Sistematik Olarak İncelenmesi

“…Bu yöntem, klasik eşleştirmeye nazaran daha avantajlıdır (Villettaz ve diğerleri, 2015: 47 'ne göre Seviye 3'e tekabül eden yarı-deneysel (quasi-experiment) çalışmaları değerlendirme dışı bırakmışlardır (ör. Albrecht, 1984;McIvor, 1990;Bartels, 2009). Bu da yazarların meta-analiz çalışmasını, sadece en güncel çalışma yapmakla kalmamış, aynı zamanda güvenilir sonuçların alınabileceği kaliteli bir araştırma da yapmıştır.…”