Tuesday, June 7, 2005

QLD's Sentence Management

Sentence Management Unit - Wolston Correctional Centre
Brian Rigby, Sharon Gibb, Lorraine Edwards, Alice Mascini, David Armstrong, Debbie Wills, Gary Gray, Michael Williams, Rawinia Te Kanawa, Margaret Bilic.

Tony Rawlins: Half-a-life-time in prison......

QLD: In order to enhance my 'quality of life' at this stage of my 4th incarceration, I submit an application, for inclusion into the Leave of Absence Program.

Some years ago, (in frustration) I intimated that I would be happier to spend the rest of my life in prison! But, since then "I" have realised that "I" am not the only one affected by my decision! There are my family, sisters, brothers, and nieces etc who care and worry about me in my situation.

I am in a position of being a "tragic optimist"; I am optimistic despite of the 'tragic' events in my life. The suffering I have caused to others and the 'pain and guilt I have felt, for 50 years.

I posed the question: - "how can one possibly say 'yes' to a life in prison?"

In spite of my past I can only suppose that 'life' has a potential meaningfulness, under any circumstances. Any situation or condition, no matter how miserable.....

This realisation, presupposed that 'I' have the capacity to reverse the "negatives" into something "creative" in my future. In spite of all that has transpired; into something of a positive structure, with a constructive purpose.

Examining my past has given me an 'insight' into the "human" potential, which permits the turning of suffering into an achievement, And to examine my guilt, finding opportunities to change myself into a 'better' person. (I don't, for one minute, try to say that I'm perfect.....Far from it) but to accept a more responsible outlook, a commitment to action, which 'I' believe is 'equal' to 'rehabilitation'.

For years, my world had become "my body" at the "prison" in which I served my time...That was wrong because a prison is a place that one should strive to be released from.

I was doing the opposite. My only concern, then, was myself; it was selfish, and at the realisation, I came to understand that 'I' should do something about it. Because once an inmate has found a "meaning" he develops a capacity-capability, to 'cope' with the suffering and guilt. The ability to realise "he" is not useless. And loses the feelings of 'emptiness' and meaninglessness.

A strong meaning orientation plays a decisive part in seeking to rehabilitate oneself. Because one can now seek to realise the potential meanings of situations, each and every one of them. To 'actualise' them to the best of his ability-knowledge-and beliefs. Therefore he can become aware 'that it "can" be done in a given situation.

Firstly, by the creation of a 'work plan', before committing himself to 'action'.

Secondly, by experiencing ' that meaning can be found only in work and 'love' of his fellow man. Therefore an inmate, who thinks himself in a hopeless situation, facing odds he can't change, can overcome and expand beyond himself, and by so doing 'change himself' and "turn" 'tragedy' into 'triumph'.

Imprisonment is extraordinarily stressful, nevertheless, one can benefit from the experiences, by using it as a growth experience.

Today I see my life as being abundantly filled with meaning and purpose. Now realising that 'guilt' and suffering of 'incarceration' the growth I now have would not have been. How did this happen? When did it happen?

When a person cannot change the situation that causes the suffering and guilt, can still change his 'attitude'; change his 'choices'; so priorities become (altering the situations causing the suffering) accepting and analysing the guilt, and the reason for it! Altering the personality and outlook toward the guilt situations.

Removing and safeguarding against the causes and avoiding the situation, in my approach to life - to where I can 'safely' say, "I can live in an outside community without any personal 'fear' of breaching the 'moral' codes of the laws of a higher power gives 'meaning and purpose to human life, and the earths' greatest treasures lies in 'human personality."

It was by coming to realise that the 'pain' I now felt and the 'shame' was the "quantity" and "capacity" to also 'love', to feel 'joy' and to have compassion and empathy,

NB; -' A person should be 'judged' on who he is now and not who or 'what' he was, 50 years ago...............!

Tony still seeking release after half a lifetime 'inside'

WHEN Tony Rawlins was locked away for life; trams were still running in Brisbane. City Hall was the tallest building on the skyline and Joh Bjelke-Petersen was a little known Opposition backbencher.

QLD INDEFINITE DETENTION 'IN A NUTSHELL'

In Queensland prison sentences have become step-by-step more lengthy over the last decade according to prisoner Mr David Minty who has been in jail for 20 years.

Corrected or Corrupted

A psychiatrist from the prison Mental Health Team attached to Queensland Health made the comment that 25 per cent of inmates suffer from a diagnosed mental illness.

Indefinite detention means the government owns its citizens


A convicted rapist detained indefinitely in a north Queensland jail has lost a High Court appeal against his detention. Robert John Fardon was due for release more than a year ago but remains in custody under controversial Queensland legislation.

By Tony Rawlins 7 June 05

Ed: The High Court has considered the scope of indefinite detention in another case that of, Fardon v Attorney General [2004] HCA 46 ('Fardon'). Fardon was a case where the majority (Gleeson CJ, McHugh, Gummow, Hayne, Callinan & Heydon JJ; Kirby J dissenting) upheld the constitutionality of the Dangerous Prisoners (sexual Offenders) Act 2003 (Qld) ('2003 Qld Act') The 2003 Qld Act permitted preventative detention of convicted sexual offenders who fulfilled various criteria established by the 2003 Qld Act. The majority in Fardon distinguished the 2003 Qld Act which was constitutional according to a very conservative High Court.

The majority in Fardon held that preventative detention legislation enacted by a Parliament is not inevitably or necessarily unconstitutional even though it means that the Government owns its citizens. Along side Mental health legislation, quarantine legislation, public health emergencies legislation, migration legislation are examples of preventative detention legislation which have a long history of being accepted as valid legislation. The 2003 Qld Act did not apply just to a single named person. The Qld Act applies more generally in respect of any person who is actually serving a sentence for sexual offences of which he or she has been convicted in Queensland.


Related:

Corrected or Corrupted
A psychiatrist from the prison Mental Health Team attached to Queensland Health made the comment that 25 per cent of inmates suffer from a diagnosed mental illness.

ICOPA XI International Conference on Penal Abolition
We are excited to announce that ICOPA X1, the eleventh International Conference on Penal Abolition will happen in Tasmania, Australia from February 9 - 11,2006. Please pass this onto all networks.

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Indefinite detention means the government owns its citizens
A convicted rapist detained indefinitely in a north Queensland jail has lost a High Court appeal against his detention. Robert John Fardon was due for release more than a year ago but remains in custody under controversial Queensland legislation.

Sentencing: Violent crime and practical outcomes
In addition introducing restorative justice programs giving the offender a chance to interact with the offended person if they wish and visa-versa. People are not "dogmatic" therefore should be given a second chance opposed to Life means Life!

Government justice not personal justice
Mr Brett Collins of Justice Action said, "Victims should be looked after properly by implementing restorative justice measures and victims should be compensated for their pain and suffering. " However prisoners are entitled to serve their sentences in peace and privacy as well."

Escape proof but not so the prisoners mind
Fewer prisoners escape from prison these days because they're "cemented in" by materials that do not break and by legislation that can keep prisoners in jail until they die.