Prof Arie Freiberg - Researcher Profile

OMC

Address

Faculty of Law
PO Box 12, Clayton

Contact Details

Tel: +61 3 99050178


Biography

 

Arie Freiberg was  Dean of the Faculty Law at Monash University between 2004 and 2012. Before this, he was Dean of the Faculty of Arts at the University of Melbourne in 2003. He was appointed to the Foundation Chair of Criminology at the University of Melbourne in January 1991 where he served as Head of the Department of Criminology between January 1992 and June 2002. In 2013 he was appointed an Emeritus Professor of the University.

 

 

He graduated from the University of Melbourne with an honours degree in Law and a Diploma in Criminology in 1972 and holds a Master of Laws degree from Monash University.  He was awarded the degree of Doctor of Laws by the University of Melbourne in 2001 and is a fellow of the Academy of Social Sciences in Australia, the Australian Academy of Law and holds an Adjunct Faculty appointment in the Australia and New Zealand School of Government.  Between 1996 and 1998, he was President of the Australian and New Zealand Society of Criminology.  In 2009 he was made a Member of the Order of Australia for his service to law, particularly in the fields of criminology and reform related to sentencing, legal education and academic leadership.

His particular areas of expertise are sentencing and the administration of criminal justice. He has been a Visiting Professor at Tel Aviv University and has served as a consultant to the Federal, Victorian, South Australian and Western Australian governments on sentencing matters as well as the Australian and South African Law Reform Commissions. In 2002, he completed a major review of sentencing for the Victorian Attorney-General published as Pathways to Justice (Department of Justice, 2002). In July 2004, he was appointed Chair of the Victorian Sentencing Advisory Council and in February 2013 he was appointed Chair of the Tasmanian Sentencing Advisory Council. He is a member of the Council of the Australian Institute of Judicial Administration.

He has around 130 publications in areas such as sentencing, confiscation of proceeds of crime, tax compliance, corporate crime, juries, juvenile justice, sanctions, victimology, superannuation fraud, trust in criminal justice, commercial confidentiality in corrections, dangerous offenders, the role of emotion in criminal justice and public policy, drug courts, problem-oriented courts, non-adversarial justice and regulatory theory.

 

Qualifications

LLD
Institution: University of Melbourne
Year awarded: 2001
LLM
Institution: Monash University
Year awarded: 1984
LLB (HONS)
Institution: University of Melbourne
Year awarded: 1973
DIP CRIM
Institution: University of Melbourne
Year awarded: 1973

Publications

Books

Freiberg, A., 2010, The Tools of Regulation, Federation Press, Leichhardt, NSW, Australia.

King, M.S., Freiberg, A., Batagol, B.M., Hyams, R.L., 2009, Non Adversarial Justice, Federation Press, Leichhardt NSW.

Freiberg, A., Gelb, K. (eds), 2008, Penal Populism, Sentencing Councils and Sentencing Policy, Hawkins Press and Willan Publishing, Leichhardt NSW and Devon UK.

Fox, R.G., Freiberg, A., 1999, Sentencing: State and Federal Law in Victoria, Oxford University Press, Melbourne Vic Australia.

Fox, R.G., Freiberg, A., 1999, Victorian Court of Appeal Sentencing Outcomes and Case Summaries, Department of Criminology, Melbourne University, Melbourne Vic Australia.

Book Chapters

Freiberg, A., Stewart, F., 2011, Beyond the partial excuse: Australasian approaches to provocation as a sentencing factor, in Mitigation and Aggravation at Sentencing, eds Julian V. Roberts, Cambridge University Press, New York NY USA, pp. 102-123.

Freiberg, A., Gelb, K., 2008, Penal populism: sentencing councils and sentencing policy, in Penal Populism: Sentencing Councils and Sentencing Policy, eds Arie Freiberg and Karen Gelb, Hawkins Press and Willan Publishing, Leichhardt NSW and Devon UK, pp. 1-14.

Freiberg, A., 2008, The Victorian Sentencing Advisory Council: incorporating community views into the sentencing process, in Penal Populism: Sentencing Councils and Sentencing Policy, eds Arie Freiberg and Karen Gelb, Hawkins Press and Willan Publishing, Leichhardt NSW and Devon UK, pp. 148-164.

Freiberg, A., 2007, Jurisprudential miscegenation: strict liability and the ambiguity of law, in Governance and Regulation in social life: Essays in Honour of WG Carson, eds Augustine Brannigan and George Pavlich, Routledge-Cavendish, Abingdon Oxford UK, pp. 75-89.

Freiberg, A., 2007, Twenty Years of Changes in the Sentencing Environment and Courts' Responses, in Criminal Justice and Sentencing: A Critical Study, eds V B Malleswari, ICFAI University Press, Hyderabad India, pp. 88-104.

Freiberg, A., 2005, Sentencing, in Issues in Australian Crime and Criminal Justice, eds Duncan Chappell and Paul Wilson, Lexis Nexis, Chatswood NSW, pp. 139-168.

Freiberg, A., 2002, What's it Worth? A Cross-Jurisdictional Comparison of Sentencing Severity, in Sentencing and Society: International Perspectives, eds Neil Hutton and Cyrus Tata, Ashgate publishing, Aldershot UK, pp. 237-256.

Journal Articles

Freiberg, A., Murray, S., 2012, Constitutional perspectives on sentencing: some challenging issues, Criminal Law Journal [P], vol 36, issue 6, Lawbook Co, Pyrmont NSW Australia, pp. 335-355.

Freiberg, A., 2012, M. Tonry, Thinking about Punishment: Penal Policy across Space, Time and Discipline, Punishment and Society [P], vol 14, issue 1, Sage, Los Angeles USA, pp. 116-118.

Krasnostein, S., Freiberg, A., 2012, Manifest error: grounds for review?, Australian Bar Review [P], vol 36, issue 1, LexisNexis Buttworths, Chatswood NSW Australia, pp. 54-73.

King, M., Freiberg, A., Reinhardt, G., 2011, Introduction, Monash University Law Review [P], vol 37, issue 1, Monash University, Clayton Vic Australia, pp. 1-6.

Freiberg, A., 2011, Post-adversarial and post-inquisitorial justice: transcending traditional penological paradigms, European Journal of Criminology [P], vol 8, issue 1, Sage Publications, London UK, pp. 82-101.

Freiberg, A., 2011, Psychiatry, psychology and non-adversarial justice: from integration to transformation, Psychiatry, Psychology and Law [P], vol 18, issue 2, Routledge, London UK, pp. 297-314.

Freiberg, A., Krasnostein, S., 2011, Statistics, damn statistics and sentencing, Journal of Judicial Administration [P], vol 21, issue 2, Lawbook Co., Sydney NSW Australia, pp. 73-92.

Freiberg, A., 2010, Australia: exercising discretion in sentencing policy and practice, Federal Sentencing Reporter [P], vol 22, issue 4, University of California Press, Berkeley, CA, USA, pp. 204-212.

Freiberg, A., 2010, Re-stocking the regulatory tool-kit, Jerusalem Forum on Regulation & Governance, vol 2010, The Hebrew University, Jerusalem, Israel, pp. 1-45.

Freiberg, A., Carson, W., 2010, The limits to evidence-based policy: evidence, emotion and criminal justice, Australian Journal of Public Administration [P], vol 69, issue 2, Wiley-Blackwell Publishing Asia, Richmond, Vic, Australia, pp. 152-164.

Freiberg, A., Moore, V., 2009, Disbelieving suspense: Suspended sentences of imprisonment and public confidence in the criminal justice system, Australian and New Zealand Journal of Criminology [P], vol 42, issue 1, Australian Academic Press, Bowen Hills Queensland Australia, pp. 101-122.

Freiberg, A., Sallmann, P., 2008, Courts of Appeal and Sentencing: Principles, Policy and Politics, Law in Context, vol 26, issue 1, The Federation Press, Leichhardt NSW, pp. 43-74.

Stewart, F., Freiberg, A., 2008, Provocation in Sentencing: A Culpability-based Framework, Current Issues in Criminal Justice, vol 19, issue 3, Institute of Criminology, University of Sydney, Sydney Australia, pp. 283-308.

Freiberg, A., 2007, Deaning Down Under, University of Toledo Law Review, vol 38, issue 2, The University of Toledo College of Law, Toledo OH USA, pp. 617-622.

Freiberg, A., 2007, Non-adversarial Approaches to Criminal Justice, Journal of Judicial Administration, vol 16, issue 4, Lawbook Co., Pyrmont NSW, pp. 205-222.

Freiberg, A., 2005, Managerialism in Australian criminal justice: RIP for KPIs?, Monash University Law Review, vol 31, issue 1, Monash University, Clayton Vic Australia, pp. 12-36.

Freiberg, A., 2005, Problem-oriented courts: An update, Journal of Judicial Administration, vol 14, issue 4, Thomson Lawbook Co., Pyrmont NSW, pp. 196-219.

Freiberg, A., 2005, Sentencing: Trends and issues, Reform, vol 2005, issue 86, The Australian Law Reform Commission, Sydney NSW Australia, pp. 7-10.

Freiberg, A., Morgan, N., 2004, Between Bail and Sentence: the Conflation of Dispositional Options, Current Issues in Criminal Justice, vol 15, issue 3, University of Sydney, Institute of Criminology, Sydney NSW Australia, pp. 220-236.

Freiberg, A., 2004, The Four Pillars of Justice, Australian and New Zealand Journal of Criminology, vol 36, issue 2, Australian Academic Press, Sydney NSW, pp. 223-230.

Richardson, E.A., Freiberg, A., 2004, The application of protective sentencing laws in Victoria, Criminal Justice, vol 4, issue 1, Sage Publications, London UK, pp. 81-102.

Chapman, B., Freiberg, A., Quiggin, J., Tait, D., 2004, Using the tax system to collect fines, Australian Journal of Public Administration, vol 63, issue 3, Blackwell Publishing Asia, Australia, pp. 20-32.

Freiberg, A., Willis, J., 2003, Sentence Indication, Criminal Law Journal, vol 27, issue 5, Lawbook Co, Sydney NSW, pp. 246-259.

Freiberg, A., 2003, Therapeutic jurisprudence in Australia: Paradigm shift or pragamatic incrementalism?, Law in Context, vol 20, issue 2, The Federation Press, Leichhardt NSW, pp. 1-18.

Freiberg, A., 2002, Drug Courts: Sentencing Responses to Drug Use and Drug-Related Crime, Alternative Law Journal, vol 27, issue 6, Legal Service Bulletin Cooperative Ltd, Melbourne Vic, pp. 282-286.

Freiberg, A., 2001, Affective vs Effective Punishment: Instrumentalism and Emotionalism in Criminal Justice, Punishment and Society, vol 3, issue 2, University of California, Berkeley USA, pp. 265-278.

Freiberg, A., 2001, Problem-oriented courts: Innovative solutions to intractable problems?, Journal of Judicial Administration, vol 11, issue 8, Thomson Law Book Co, Pyrmont NSW, pp. 8-27.

Freiberg, A., Fox, R.G., 2000, Evaluating the effectiveness of Australia's confiscation laws, Australian and New Zealand Journal of Criminology, vol 33 issue 3, Australian Academic Press, Bowen Hills Qld Australia, pp. 239-265.

Other

Stewart, F., Freiberg, A., 2008, Provocation in Sentencing, Sentencing Advisory Council, Melbourne Victoria, pp. ii-124.

Freiberg, A., King, M.S., Hyams, R.L., Batagol, B.M., 2007, Submission on Alternative Dispute Resolution Discussion Paper, Submission to Victorian Parliament Law Reform Committee Inquiry into Alternative Dispute Resolution in Victoria, Law Reform Committee, Parliament of Victoria, East Melbourne, Victoria.

Freiberg, A., 2002, Pathways to Justice: Sentencing Review 2002, Department of Justice, Melbourne Vic Australia, pp. i-230.

Postgraduate Research Supervisions

Current Supervision

Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
A critical comparative examination of the extent to which youth justice conferencing programmes in New South Wales, Victoria, South Australia and the Northern Territory `work? and are children?s rights compliant.
Supervisors:
Freiberg, A (Main), Gerber, P (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Criminal profiling before the courts.
Supervisors:
Freiberg, A (Main), Freckelton, I (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Mental health courts in Australia - problem-solving, stigma, and the mentally ill offender.
Supervisors:
Mcsherry, B (Main), Freiberg, A (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
News Today, Law Tomorrow.
Supervisors:
Freiberg, A (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Pursuing consistency in individualised sentencing frameworks: The effect of different sentencing reforms.
Supervisors:
Freiberg, A (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Sentencing offenders with mental illness: a principled approach.
Supervisors:
Mcsherry, B (Main), Freiberg, A (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
The regulation of concussion and head injuries in Australian professional football.
Supervisors:
Freiberg, A (Joint-co), Parker, C (Joint).

Completed Supervision

Student:
Evans, A.
Program of Study:
An analysis of the elements of legal professionalism: assessing and enhancing lawyers' professional behaviour. (PHD) 2007.
Supervisors:
Hodge, G (Main), Freiberg, A (Associate).
Student:
Moisidis, C.
Program of Study:
From truth to proof and back again: the evolution of criminal discovery. (PHD) 2006.
Supervisors:
Fox, R (Joint), Freiberg, A (Joint-Co).
Student:
Murray, S.
Program of Study:
Less-adversarial practice & the constitutional role of the judiciary in Australia. (PHD) 2011.
Supervisors:
Freiberg, A (Joint-Co), Goldsworthy, J (Joint).