Book Review: Probation Work — Critical Theory and Socialist Practice
| Author | Ivan M Vodanovich |
| DOI | 10.1177/000486588401700413 |
| Published date | 01 December 1984 |
| Date | 01 December 1984 |
| Subject Matter | Book Reviews |
BOOK REVIEWS
283
This tendency towards breast-beating
is
an aspect
of
the mode
of
thinking that
looks for panaceas.
In
the authors' case, the panacea
is
anational stocktaking
of
all
aspects
of
Australian criminal justice systems by way
of
aRoyal Commission type
of
inquiry. Preferably, this should be chaired by anon-lawyer, epitomizing their
considered view
that
non-specialist input into the development
of
justice systems
has been inadequate. Yet in making this recommendation the authors have, I
believe, overlooked three important points.
The first is
that
the "comprehensive overview" approach does
not
have a
particularly impressive track record
of
achievement, particularly in relation to
federal systems.
The
second
is
that, in Australia, there
is
already in existence an
abundance
of
factually-based and well-argued material relating to criminal justice.
Much
of
it has
emanated
from law reform commissions; but if this seems to indicate
lawyerly dominance
of
the kind the authors find suspect, let me refer also to the
work ofwide-ranging inquiries such as Mitchell and Nagle which, though headed by
lawyers, demonstrated the best sort
of
interdisciplinary approach and also to the
continuous research
of
such bodies as the Australian Institute
of
Criminology and
the NSW
Bureau
of
Crime Statistics and Research. Much
of
the work referred to
transcends the merely pragmatic. The problem
is
not so much lack
of
an overview,
at least of significant aspects
of
justice systems, but how to implement
recommendations.
The
third point
is
the most important of all;
that
the authors are
under-selling themselves. The quality
of
their detailed analyses
of
various parts of
the justice systems is extremely perceptive and cogent; accordingly, Iwould above
all like to have
heard
their own views as to how to bring the systems into the sort
of
balance they want, as to how to bring about what kinds
of
innovation, and so on.
The two chapters Iwould highlight as indicating the quality
of
their work relate
to pre-trial decision-making and sentencing. The former
is
the best short analysis
which Ihave seen
of
the complex, under-acknowledged and under-researched
issues facing prosecutors and defence counsel before trial.
The
chapter on
sentencing
is
arelentless expose
of
the mish-mash
of
values which have been
blended into
our
present sentencing approaches -pragmatism plied upon
pragmatism with never asingle clear value coming to the fore.
The
current (July
1984) debate
at
ajudicial level as to whether the earliest release
date
may be taken
into account as afactor justifying agreater lead-sentence neatly illustrates their
point that the courts cannot seem to choose between
or
balance the values of
reductivism, retributivism and denunciation
nor
indeed bring themselves totally to
reject rehabilitation. Their rigorous analysis here and elsewhere
is
certainly a
needed corrective for those
of
us who work in the area
of
policy-orientated research
-which can
too
readily perhaps drift into mere pragmatism.
In
summary, this is agood book, made better, incidentally, by
the
fact
that
it
is
for the most
part
written in away which
the
non-expert could follow. Sallmann and
Willis -each
of
whom has already made aconsiderable presence in journals,
conferences and teaching -have now made afresh contribution
to
the field.
It
is
to be hoped
that
in their next book they dig even more deeply.
R W
HARDING
Canberra
Probation Work -Critical Theory
and
Socialist Practice, Hilary Walker and Bill
Beaumont, Oxford, Basil Blackwell (1981) 218 pp, £5.50 (paperback).
There are many controversial issues raised in this book which will make
stimulating reading for some but disturbing reading for others. Written about
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