100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Dr Jane Stephens: the criminal justice system is a great big tangle

Do you have a news tip? Click here to send to our news team.

Heart of beach town refreshed

A popular community space in the centre of a beach town has been revitalised. A section of Park Street at Coolum Beach was upgraded by More

‘Gutted’: Aussie swim star out of Commonwealth Games

Swim star Kaylee McKeown is "gutted" that illness has forced her out of the Commonwealth Games in a major blow to Australia's team. McKeown's Commonwealth More

Negative bird flu result after seabird rescue

A seabird suspected of carrying a deadly strain of the bird flu virus in another Australian state has tested negative. The northern giant petrel found More

Multimillion-dollar property at centre of planning dispute

The high-profile couple behind a multimillion-dollar Noosa Heads property have until December to respond to council notices over two luxury home applications, after a More

Coast dominates regional unit price growth

Four Sunshine Coast suburbs have been listed among the top five regional Queensland suburbs for units experiencing the biggest price turnaround. New realestate.com.au data shows More

‘Wasted spaces’: residents question former pound’s future

More than a year after the closure of a former animal pound, the future of the vacant site remains undecided as community members question More

Our criminal justice system is designed to give those who commit crime their just desserts in a fair and predictable way.

The penalties are designed for punishment, rehabilitation, retribution and deterrence.

It must have been easy when things were back and white: if you did the crime, you served the time (or paid the price). Simple.

But now a perpetrator’s background matters. The circumstances of the crime matter. The victim and what they did matters. Sometimes an offender was also once a victim and that matters.

The criminal justice system is a great big tangle, but everyday people are still seeing it as a simple, linear, cause-and-effect model.

Baddies are not always in plain view. Goodies are rarely pure as the driven snow.

It’s complicated.

Help keep independent and fair Sunshine Coast news coming by subscribing to our free daily news feed. All it requires is your name and email. See SUBSCRIBE at the top of this article. 

Two very senior former judges talked at a public event held at USC this week, and their pitches laid this bare.

One was former Court of Appeal president and former chief of the Lawyer X royal commission Margaret McMurdo, who is heading the Women’s Safety and Justice Taskforce, which is looking at domestic and sexual violence victims’ experiences in the criminal justice system.

She recounted some real life horror stories to the assembled lawyers and police, students, scholars and support workers. She admitted solutions are not going to be quick, easy or linear.

In her narrative, two baddies emerged: the men who control and abuse women and — incredibly — police.

Problems as big as this one are rarely simple. Police are restricted in what they can do according to evidence and can only act on what they are presented with.

Casting a shadow of doubt over the lot risks corroding vital public confidence in this emerging, growing area of concern.

The other legal luminary to speak at USC was former judge and president of the Children’s Court of Queensland and current Queensland Sentencing Advisory Council president John Robertson.

He shared his insight into what he sees as a broken juvenile justice system, and in his narrative, the villains were not the child criminals, but the ill-informed politicians and members of the public who demonise the young rogues.

Both speakers identified the need for law reform, better education, early intervention and greater supports for victims as well as wrongdoers themselves.

But rarely does the public appetite extend to investing in bad eggs, and it is a rare politician who will risk their re-election by plumping for public spending on the lost or the lawless.

Victims and villains. Crime and punishment. The public is riveted by these.

And we in the cheap seats are so quick to judge. We feel free to spruik opinion on specific cases without knowing details. For example, how many people were quick to voice judgement when little Cleo Smith went missing, but are abashed about that now?

We must accept that in our complex society, monochrome systems and a clean delivery of law and order are long gone.

With life in full colour comes complexity and a requirement for understanding.

And when it comes to villains and victims, an understanding that rarely are there any absolute winners and losers.

Jane Stephens is a USC journalism lecturer, media commentator and writer. The views expressed are her own.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share