About this project
Understanding how military service is considered in criminal sentencing
Military veterans who enter the criminal justice system often bring with them unique life experiences, including exposure to trauma, operational stress and other service-related challenges. Despite this, there is limited evidence about how military service is considered by Australian courts when determining sentences for criminal offending.
This pilot project examines whether military service is treated as a mitigating factor, an aggravating factor, or has little influence on sentencing outcomes. Anecdotal accounts from some veteran prisoners suggest that military service may sometimes be viewed negatively by courts. At the same time, military service can involve experiences—such as exposure to trauma and the development of post-traumatic stress disorder—that may be relevant mitigating considerations during sentencing.
To better understand these issues, the project analyses sentencing remarks and penalty judgments from courts across Australia involving defendants who have served in the Australian Defence Force. By identifying patterns in judicial reasoning, the research aims to provide an evidence-based understanding of how military service is currently considered within the sentencing process.
The findings will contribute to discussions about fairness and consistency in sentencing and may help inform legal practitioners, policymakers, veterans' organisations and support services working with former Australian Defence Force personnel involved in the justice system.
The project is being undertaken by Dr Kellie Toole and Dr Bronwyn Arnold.
Outcomes
This project seeks to determine whether criminal lawyers and judges reflect the nature of military service, the difficulties involved in veterans returning to civilian life, and how military service can be a risk factor for criminal offending.
