FROM THE INSIDE
Dear Editor,
I enjoy your criminology journal and what it is doing to fill a very
evident need. Would you add me to your mailing list as the copies
that do enter the prison are so much in demand that I am lucky to
see one at all with everyone wishing to retain them.
However there is another point about which I am writing and that is
the article by Bob Jewson, “ You can’t do wrong in your m other’s
eyes” , which made reference to my case. He was examplifying the
theme of the uselessness of the prison environment to assist the real
changes of attitudes and behaviour outside. I totally agree. But unfor­
tunately, by taking my case he didn’t assist his article. Whereas he
mentioned 29 women as being affected by my crimes there was actually
only one worpan who was raped. However, that’s one too many. There
were some other women concerned in certan incidents, but nowhere
near the amazing proportions suggested, and he should be aware of
the modus operandi of the police to try and clear their books of all
their difficult cases on a vunerable suspect. Still more importantly
though the police say I escap ed and branded me an extremely dan­
gerous criminal escapee. There was considerable publicity, men locked
their doors and women their chastity belts. The police basked in their
obviously proven need protective role. All this unnecessarily!
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But the facts. The facts are that I had spent 1 1 years in prison and
for the 4 months I was alleged to be dangerously at large, there was
not a single complaint of any misdemeanour by me. And this was
obviously during a time of great stress as everyone could understand
a person in my situation would have been in.
This was not at all surprising to anyone who knew me as I had come
to terms with myself and my past long before and had been in no
doubt of my ability to tak-e my place in society. But after 12 months
waiting at an open institution, apparently fully trusted but still not
given any hope for the future - no future date for parole - then my
frustrations can be understood. Such uncertainty is not a part of a
good justice system. It is a real torture and exists for all lifers with
their indeterminate sentences, although in other states e.g. California,
this unreal situation is recognised and contingent periods set.
In England, as far back as 1907. you will find reprieved murderers who
had their death sentences comuted, have served periods of around 12
years. In 1957, in England, the average life sentence was 9 years, but
here a lifer is fortunate if he gets out after double that time and oftern
more time tha n that is served, and I am led to believe we are under
British law.
A person like myself is in a different, difficult, and more frustrating
position than the average prisoner in that he is able to settle down to
a program for his term and be secure mt he knowledge that his liberty
will be gained by a certain date. For anyone serving life he could serve
over 20 years and for year after year following -- say his 10th he can
be tantalized by seemingly optimistic calssitication boards and com­
mittees, or psychologically prodded by under staffed researching
psychiatrists. If ever, during the time he is serving his sentence does
he experience an emotional balance he is continually up and down
with hopes and disappointments. Isn’t that cruela nd unusual punish­
ment such as would not survive the US constitution? If a lifer shows
any semblance of rebellion, it can cost him years. If he doesn’t grasp
at the carrot and thereby satisfy his tormentors he waits years longer.
If he does chase the bait even then his liberty is not guaranteed but
instead he becomes embittered and disillusioned when his hopes are
inevitably dashed time and again.
Surely some tentative committment could be made - ‘ if your progress
is .. .. then you can expect release by . . everything being otherwise
good’ and this expectation up and down graded according to other
matters. This could be an extension of the program scheme to lifers.
But just as it is unsupportable at the moment to keep the department’s
program tor a determinate term prisoner secret from him, so it would
be mac more unsupportable for an indeterminate term prisoner with
such a great variation possible and no security at all.
Recently in Victoria it was said that an Act would be brought in to
allow judges to determine a sentence for capital offences rather than
a mandatory ,life sentence. With most life sentences passed it is not
intended by the judge to condemn the man to the rest of his life in
prison for what might be a moments aberration or a period of distur­
bance. Just as an armed robbery, manslaughter, culpable driving or
assault is quantifiable in period required for ensuring the offender
doesn’t re-offend, so must be a “capital’" offence which is not of such
a dissimiliar quality that the involved is to be tormented rather than ,
punished.
Yes my behaviour had been exemplory and whereas before I never had
any great goals in life and no ambition, I have now an ability to com­
municate with people which was one of my major failings previously.
I also have a clearer understanding of myself and a healthier selfimage, which annuls the miserable and abhorrent picture I once had of
myself. So that I felt confindent and eager to participate in normal
social life albeit under control of the department.
So really Bob Jewson supported a contrary case inasmuch as I spent
II years in prison and didn’t re-offend.
I know of six lifers who have escapted and all have maintained they
would not have acted unwisely if they had of known their release date.
I view this as an indictment against the present unacceptable program
for lifers.
I hope you can find space in your publication for my reply to Bob’s
article and enable me to rectify a major inaccuracy, apart from that
difference I congratulate Bob on a valuable contribution.
Yours respectfully,
Barry Millane.
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