‘Disastrous’: No body, no parole laws unfair to innocent prisoners, Folbigg says – Lawyers Weekly

NSW’s “no body, no parole” laws have been slammed as “disastrous” by Kathleen Folbigg, the woman who spent 20 years behind bars for the wrongful conviction for the death of her four infant children.

Folbigg signed her name to an open letter that called for the “no body, no parole” laws to be reformed so the State Parole Authority can regain the power to release a prisoner even if they have not cooperated in locating victims of a homicide.

The letter was organised and circulated by RMIT University’s Bridge of Hope Innocence Initiative.

The laws, which were amended in 2022, were designed to incentivise prisoners to provide closure to victims’ families.

“There is scant evidence they are effective at achieving this goal.

“Instead, no body, no parole laws are disastrous for prisoners who continue to assert their innocence, exacerbating what is commonly called the ‘innocent prisoner’s dilemma’,” the letter said.

Prior to the reform, the parole board considered the prisoner’s disclosure of their victims’ remains but retained a discretion to release them. The 2022 change removed this discretion.

Folbigg’s name joined 114 other academics, lawyers, advocates and criminal justice professionals, including former NSW Court of Appeal judge and Centre for Public Integrity’s chair Anthony Whealy KC.

Lindy Chamberlain-Creighton, who was wrongfully convicted of the murder of her baby Azaria Chamberlain, also signed the letter.

[Ed: So often well-intentioned laws have unintended consequences.]

Source: ‘Disastrous’: No body, no parole laws unfair to innocent prisoners, Folbigg says – Lawyers Weekly

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