Preventing Custodial Deaths: a Systemic Approach*
| Date | 01 December 1989 |
| DOI | 10.1177/000486588902200401 |
| Published date | 01 December 1989 |
| Author | Ian Temby QC |
| Subject Matter | Original Articles |
AUST
&
NZ
JOURNAL
OF
CRIMINOLOGY
(December 1989) 22 (193-201)
PREVENTING CUSTODIAL DEATHS:
ASYSTEMIC APPROACH*
Ian Temby,
QCt
193
In Australia today all public debate
is
concerned with matters economic. We
hear
agreat deal about foreign debt levels, the balance
of
payments, the need to increase
productivity, the problems associated with an ageing population, and so
the
list
stretches on. Not perhaps endless,
bu~
tediously long. These are without question
matters
of
high importance and will remain so at least until the turn
of
the century.
Indeed
it
i,s
acknowledged
that
in the absence
of
asound economy, afree
and
enlightened society cannot flourish.
At
such atime there
is
atendency to downplay if not denigrate the arts
and
social
services.
One
of
the latter
is
the law, which
is
categorised as aservice industry
having real worth to the extent it oils the wheels
of
commerce, resolves disputes in
an efficient and effective manner, and facilitates the export drive.
There
are aspects
of
truth
in all
of
this.
But
governments have responsibilities
of
acompelling nature which go beyond
the attainment of aprosperous community. That
is
really ameans to an end.
For
it
is
the people who matter. They must be given away
of
life which
is
not merely
comfortable, but ofwhich they can be proud. There are essential community values,
one
of
them
is
that
of
freedom from coercion except according to law, anecessary
concomitant
of
which
is
that if the state takes away that freedom, it
is
obliged to care
for the imprisoned citizen.
The
individual for whom the state thus takes
responsibility must be kept safe from avoidable harm.
The
topic
of
deaths in custody
is
one which has attracted adeal
of
publicity,
understandable anger in some quarters, and protestations
of
concern from those
who
run
the systems.
There
are two systems in any place which are relevant for
present purposes.
One
is
government, and the
other
has as its component parts
the
various prisons and lock-ups in agiven jurisdiction. From the former we have seen
much wringing
of
hands, the setting up
of
various inquiries, but generally
not
much
real action. Most of the latter have protested that everything possible
is
being
done,
given limited resources and the number
of
people who must be detained.
To
the
extent
there
has been public discussion, it has not been greatly characterised by
either realism
or
principle.
It
is
particularly appropriate
to
address this topic in the city
of
Melbourne
and
on
an occasion held to celebrate the life and times
of
Sir
John
Barry. As to the place,
Melbourne enjoys apopulace notably enlightened, and
is
the capital
of
aState
which does
better
than any
other
in Australia to keep down the
rate
of
imprisonment.
That
is
the most important systemic measure available to prevent
custodial deaths. In that respect, there certainly
is
aspecial problem so far as black
people are concerned: the rate at which white society locks them up ought
to
shame
us all.
The
position
is
relatively
better
here than elsewhere, but it
is
bad everywhere.
As will be seen,
my
emphasis
is
upon the care
of
fJrisoners,rather than the process
by which they become such.
*
The
Sixteenth Annual John Barry Memorial Lecture, delivered at Melbourne on
14
September 1989.
tCommissioner, Independent Commission Against Corruption, New South Wales.
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