000 02415nab a22002777a 4500
999 _c7705
_d7705
005 20250625151616.0
008 220713s2022 ||||| |||| 00| 0 eng d
040 _aAFVC
100 _aMcLachlan, Katherine J.
_911040
245 _aTrauma-informed sentencing in South Australian courts
_cKatherine J. McLachlan
260 _bSage,
_c2022
500 _aJournal of Criminology, 2022, First published online, 7 July 2022
520 _aRecently the concepts of ‘compassionate courts’, ‘humane justice’, ‘kindness in court’, and trauma-informed practice have emerged in legal theory and practice in the US, England, Scotland and Australia. This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma in sentencing. Trauma-informed sentencing practice requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to resist re-traumatisation. By using this ‘4Rs’ framework to analyse sentencing remarks of 448 defendants published in 2019, the presence of trauma-informed practice was explored. Analysis indicated that judges realised trauma was present in the lives of many defendants, particularly women and Aboriginal peoples, but did not always overtly recognise a link between trauma and criminal behaviour and were unlikely to refer to a defendant’s trauma history or use trauma-informed principles of practice in their sentencing response. Research findings were presented to judicial officers at a Judicial Development Day in 2021. The article reflects on those discussions as well as the primary research, when making recommendations for future sentencing practice primary for the judiciary, but also for legislators and legal practitioners.(Author's abstract). Record #7705
650 4 _974
_aABORIGINAL & TORRES STRAIT ISLANDER PEOPLES
650 _aCRIMINAL JUSTICE
_9167
650 _aSENTENCING
_94166
650 4 _aTRAUMA
_9612
650 _aWOMEN
_9645
651 _aINTERNATIONAL
_93624
651 4 _aAUSTRALIA
_92597
651 _aSOUTH AUSTRALIA
_93495
773 0 _tJournal of Criminology, 2022, First published online, 7 July 2022
830 _aJournal of Criminology
_99949
856 _uhttps://doi.org/10.1177/26338076221113073
_zDOI: 10.1177/26338076221113073
942 _2ddc
_cARTICLE
_hnews112