When it comes to sentencing NSW's chief judge at common law thinks shock jocks have a part to play … Community values from the crime zones … More handy contributions to the "debate" from Ray Hadley, Sydney's number one radio bruiser
McClellan CJ at CL: guarding against the elites dominating sentencing policy
NSW judge Peter McClellan CJ at CL put the cat among the pigeons with his helpful suggestion that shock jocks play an important part in developing "legitimate community expectations" about sentencing of offenders.
Alan Jones, Ray Hadley, et al, were in touch with people who experience crime in their neighbourhoods and therefore their views had "democratic legitimacy".
The judge said that ignoring the "emotional" responses to crime will result in alienation on the part of many people.
"It may create a divisive perception that the 'elite' - be they lawyers, judges, academics or policymakers - think they know better than those for whom crime is not only a statistic but a reality."
Don Weatherburn, director of the NSW Bureau of Crime Statistics and Research, issued a loud raspberry:
"Shock jocks and the tabloid media habitually distort, misrepresent and deceive the public about crime, conviction and sentencing."
His research shows that lack of confidence in the criminal justice system is most acute among those who hold erroneous views about crime trends, conviction rates and sentencing.
Peter Rush from Gladesville, wrote to The Sydney Morning Herald suggesting that McClellan ring Alan Jones or Ray Hadley incognito, and see how far he gets with a contrary opinion.
"He'd quickly realise they are far from the democratic voices of the people they claim to be."
Hadley: bringing democracy to the law 'n' order debateThree days before the judge's speech at a legal studies conference was reported in the SMH, Ray Hadley gave a heartwarming rendition on 2GB of his "democratic legitimacy".
He was getting emotional about attorney general's Greg Smith's suggestion that the Bail Act needed reforming, so that a distinction was made between young offenders and adults.
Hadley's contribution to the development of community standards was made before before the release of the NSW Law Reform Commission report and before details of the reforms have been worked out.
That did stop him denouncing Smith for having a "limp-wristed" appraoch to young offenders.
Smith should get a "backbone" or Barry O'Farrell should get a new attorney general, because he's got "a complete and utter dud".
Smith's remarks to the public defenders did contain an important proviso about young offenders.
''There are some dreadful young criminals, who do dreadful things, and the community has to be protected from them, sometimes for a very long time."
Nonetheless, the shock jock launched into a fantastic rant about a 15-year-old youth the police had chased on numerous occasions and who got bail four times.
Smith was told by the radio bruiser to "wake up to himself" and to hang his head in "shame" ...
On April 4 Hadley was building-up a head of steam over Judge Ken Taylor's order suppressing the identity of a prominent property developer for indecency and sexual intercourse with his young step-daughter.
Taylor sentenced the offender on March 29.
"His barrister, Anthony Bellanto, QC, asked the District Court judge Ken Taylor to grant a non-publication order on his client's name because the offender planned to resume his career, either after release from prison or a successful appeal."
Callers were livid and Ray demanded to know "where the attorney general is in all of this".
As a contribution to the law and order debate, Ray and his phone-in caller thought this offender "should never be released" ...
Later in the program that day (April 4), Hadley climbed down several notches.
There was still no transcript available, but the Supreme Court public information office advised that Taylor ADCJ had made an interim suppression order.
If the convicted man was not going to appeal then the Crown could apply for a revocation of the order. In any event, the DPP was looking at an appeal on sentencing ...
All part of the "contribution to the debate on criminal justice outcomes".