Abstract
As the element of sentencing which focuses most strongly on the obligation of the prisoner to do something, to demonstrate or perform internal change, the idea of rehabilitation is most important when considering the subjective understanding of the prisoner about their sentence. Rehabilitation, an under-interrogated word, used across different habitus with different meanings, is also foundational to ideas about community protection and therefore arguably is the operational aspect of many of the other aims of sentencing. The chapter contextualises the words of prisoners who challenge some of the official discourse with evidence of a multiplicity of barriers to access to services and programmes which allow them to demonstrate rehabilitation.
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Notes
- 1.
There are many aspects of rehabilitation, which have not been canvassed in this chapter. One of the most important, which is only touched on here, is the way that education and work, two basic needs which appear to be foundational to preventing re-offending and which do not arise from risk/needs assessment, are faring with this new focus on risk assessment and offence-specific programming.
- 2.
The irony of the rise of cognitive skills programmes at the expense of education is that the aetiology of “cog skills” is in education.
- 3.
R v Molina (1984) 13 A Crim R 76 at 77
- 4.
(2008) NSWCCA 33
- 5.
New South Wales v Davis [2008] NSWSC 862
- 6.
Winters v Attorney General of NSW (2008) NSWCCA 33
- 7.
McGarry v Western Australia (2005) 31 WAR 69 at [36]-[39] (Wheeler J);
- 8.
The problems faced by prisoners NSW in accessing legal services were canvassed thoroughly by the Law and Justice Foundation, see Grunseit et al (2008) “Taking Justice into custody: The Legal Needs of Prisoners” Law and Justice Foundation of NSW.
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Hall, M. (2016). Rehabilitation. In: The Lived Sentence. Palgrave Studies in Prisons and Penology. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-45038-4_7
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