Across Australia, a tough-on-crime narrative is shaping our justice policies, driven by calls for mandatory sentencing and the notion of "adult crime, adult time." As this debate intensifies, we must ask: Why are we choosing a punitive path when the evidence, particularly from the United States, overwhelmingly shows it doesn't work?
Australia: At a Crossroads, But Whose Path Are We Walking?
Australia is recognised globally as a safer society than the United States. Our crime rates are lower, and homicide incidents remain rare compared to those across the Pacific. Yet we are increasingly importing American-style criminal justice policies, including mandatory minimum penalties, reduced judicial discretion, and efforts to treat young offenders like adults.
These policies were pioneered in the United States, where they have been in place for decades.
The Evidence: Tougher Does Not Mean Safer
What has been the experience in the United States? Despite adopting some of the harshest sentencing laws in the world, America continues to struggle with high incarceration rates and stubbornly high recidivism. Nearly half of US federal prisoners are rearrested within eight years of release.
84%
of young detainees in Australia back under supervision within one year
44%+
of Australian adults return to custody within two years
Clearly, getting tougher hasn't made communities safer. Instead, it has locked more people — especially disadvantaged young people — into a relentless cycle of crime and imprisonment.
Children Aren't Adults, No Matter the Crime
Calls to treat children as adults ignore decades of neuroscience about brain development. Young people's ability to understand consequences and make sound decisions is still evolving. Subjecting them to adult penalties disregards this fundamental reality and deepens trauma, entrenching criminal pathways rather than offering a second chance.
Do We Want Punishment or Real Change?
Here is the real question for Australians: Are we building a justice system to punish, or to rehabilitate? We cannot do both in the same system or the same space. Mixing the missions of punishment and reform dilutes both efforts.
If punishment is the goal, we should provide only the minimum required, with no expectation of change.
If rehabilitation is the goal, we must act on what works. This means offering intensive programs, connecting young people to support networks, and investing in evidence-backed initiatives like mentoring, therapy, family reconnection, and community-based supports — approaches that have proven successful elsewhere, particularly in some European countries where reoffending rates are far lower.
Why Repeat America's Mistakes?
The United States' tough-on-crime approach was born from fear and political expediency, not from evidence of effectiveness. After decades, their own experts and policymakers acknowledge the system has failed to deliver greater safety or meaningful rehabilitation. Australia has a chance to learn by choosing smart, compassionate reforms rather than repeating these costly mistakes.
Australia Must Choose Better
With all the evidence before us, the question is not whether we can be tough; it's whether we want to be smart about justice and community safety. Australia should not blindly follow a road that leads right back to the same problems we have seen play out in America. It is time to invest in genuine rehabilitation, youth support, and safer communities — not just toughness for its own sake.
"Instead of copying failed policies, let us write our own story — one driven by evidence, compassion, and hope for a safer, fairer future for all Australians."