12.08.2013 Views

View/Open - CORA - University College Cork

View/Open - CORA - University College Cork

View/Open - CORA - University College Cork

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

were still significantly belowthe predicted reconviction rate at one percent, whereas Lloyd<br />

et al and Raynor and Vanstone found such offenders sentenced to community service at<br />

three percent lower than the predicted rate of reconviction.<br />

The presence of individual predisposing factors towards offending are combined in the<br />

sentencing process to allowthe identification of features of community service which may<br />

have a positive effect upon reconviction. A feature which may be identified from this<br />

admixture of offenders’ individual predispositions and the sentencing process relates to the<br />

offenders internalisation of the sentence as either fair or unfair. While those sentenced to<br />

short terms of imprisonment were found to have fared no worse than those on community<br />

service in terms of employment or relationships, the authors Killias and Ribeaud speculate<br />

that “reductions in recidivism may depend less on improving job and other life<br />

perspectives and more on helping offenders to view their conviction and sentence as a<br />

result of their own behaviour and not of a Judge’s … fault” (Killias and Ribeaud 2000: 53).<br />

As a corollary of this they advise that offenders are more likely to gain insight into the<br />

correspondence between the penaltyand the offendingbehaviour if Judges take the time to<br />

explain why a specific sanction is being applied. By communicating the sentence in this<br />

manner (Duff 2000) the offender is more likelyto internalise the meaningof the sentence.<br />

In this study, the internalisastion of the sentence of communityservice bythe offender was<br />

remarked upon bya number of Judges at all of the jurisdictional levels. One Judge perhaps<br />

best summed up this phenomenon when he said:<br />

“I think what’s trying to be achieved is to give the accused who is nowconvicted an input into his<br />

sentencing. That means it is his choice to do community service. He has to sayhe wants to do it.<br />

That’s a big difference in the rest of the sentencing. It allows him an opportunity, a chance to avoid<br />

the prison sentence, which we all wish he woulddo, but it is within his control andit is within his choice.<br />

It gives him an opportunity to take ownership of his life and avoid the jail sentence and do the<br />

communitya service at the same time”. A4J1DC<br />

94

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!