Alternative Law Journal

Justice and Detention

Mandatory sentencing, rehabilitation of prisoners, detention of children, refugees, and homeless people are just some of the important issues examined in the June edition of the Alternative Law Journal.

Mandatory sentencing laws in the Northern Territory have been hugely controversial. David Gibson, formerly a senior legal policy officer involved in the preparation of the mandatory sentencing legislation, describes the process by which a campaign promise to introduce mandatory sentencing ended up as law, the perils of applying political slogans to complex legal situations, and how the unique nature of the Northern Territory made it all possible.

Unfair laws and practices continue to cut deep in the Northern Territory, particularly against homeless Aboriginal people. Chris Howse explains how some of these practices have been tackled in the Northern Territory Supreme Court recently by the Aboriginal Justice Advocacy Committee, using an old but useful tool-the writ of habeas corpus.

Transcendental meditation is part of the probation program for offenders under a US 'enlightened sentencing project', writes Michael S King. Research has found that offenders practising this technique experience improved psychological development, and decreased substance abuse and recidivism. King emphasises the importance of giving offenders the inner resources to deal with the stress of life in a positive manner.

The killing of young Jamie Bulger in the UK in 1993 shocked the world, and led to the trial of two very young defendants. Gail Hubble examines the appeal to the European Court of Human Rights by Jamie's killers. The Court recently decided that the human rights of the two boys were breached by their trial and sentence. Hubble assesses the implications of the decision for the Australian juvenile justice system.

New migration laws raise questions about whether Australia can be said to be complying with its international obligations. Angela Cranston examines recent changes to migration legislation which impose new restrictions on people applying for asylum in Australia.

Major changes are being made in the enforcement of equal opportunity and discrimination claims. Beth Gaze analyses the Human Rights Legislation Amendment Act (No 1) 1999 (Cth), under which hearings of federal anti-discrimination cases have moved from the Human Rights and Equal Opportunity Commission to the Federal Court and new Federal Magistrates Court. She argues that there may be no overall improvement in rights protections, as the current changes have not dealt with other barriers such as limitations on legal aid, low damages, inequality of power and resources between complainants and respondents, and judicial attitudes to the legislation.

Unprecedented numbers of police, military and security personnel will be mobilised during the 2000 Olympics and Paralympics. Michael Head takes a closer look at Olympic security. He assesses the legal and constitutional validity of the proposed measures, and questions the legitimacy of invoking such widespread powers in light of current events.