Arie Freiberg
Encyclopedia
Professor Arie Freiberg AM
LLD
LLM LLB FASSA
is an Australian legal academic. He has been Dean of Monash Law School
since 2004. His expertise is in criminal law and criminology and he is current Chair of the Victorian Sentencing Advisory Council. His research has focussed on sentencing and the administration of criminal justice, but he has over one hundred publications in many areas of law.
, where he studied law and criminology. He graduated in 1972 with an honours degree in Law and a diploma in Criminology. He held a number of professional and academic positions, including editor of the Monash University Law Review
, before obtaining a Master of Laws
from Monash in 1984.
at Melbourne University in 1991, Freiberg held a number of professional and academic positions. He was Reader in Law at Monash University
, and worked for the Commonwealth Department of Public Prosecutions, as well as the Australian Institute for Criminology. Within a year of his appointment as Professor at Melbourne University, he was made Head of Criminology, and the Dean of the Arts Faculty. In 2004, Freiberg was appointed Dean of Law at Monash University
.
In addition to his involvement in the Sentencing Advisory Council, Freiberg has held positions with the Australian Institute of Criminology and the Commonwealth Department of Public Prosecutions. He has served as President of the Australian and New Zealand Society for Criminology and is currently a member of the Council of the Australian Institute of Judicial Administration. He is also a fellow of the Academy of the Social Sciences in Australia
. He has worked as a consultant to governments in Australia and around the world. In 2009, Freiberg was made a Member of the Order of Australia for his contributions to criminology, sentencing law, legal education and academic leadership.
As Chairman of the Council, Freiberg has made a number of major recommendations on sentencing law reform. The most publicised and controversial of these was the abolition of suspended sentence
s, which Freiberg labelled "inherently flawed". He has also urged for the removal of provocation
as a relevant consideration in sentencing for homicides, increased use of home detention, and has advocated increased use of specialised courts such as drug court
s. Freiberg has also recommended that judges be allowed to indicate to defendants what their penalty may be if they plead guilty, as a means of encouraging early guilty pleas, reducing court backlogs and preventing victims from experiencing the trauma of a trial.
More broadly, Freiberg's recent work has focussed on the developing area of non-adversarial justice.
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
LLD
Legum Doctor
Legum Doctor is a doctorate-level academic degree in law, or an honorary doctorate, depending on the jurisdiction. The double L in the abbreviation refers to the early practice in the University of Cambridge to teach both Canon Law and Civil Law, the double L indicating the plural, Doctor of both...
LLM LLB FASSA
Academy of the Social Sciences in Australia
The Academy of the Social Sciences in Australia is an autonomous, non-governmental organisation, devoted to the advancement of knowledge and research in the social sciences. It was established in 1971...
is an Australian legal academic. He has been Dean of Monash Law School
Monash University Faculty of Law
Monash University Faculty of Law, or Monash Law School, is the law school of Monash University in Melbourne, Victoria. Established in 1963, it offers the LLB, J.D., LLM, S.J.D., LLD and PhD degrees in law. It has been ranked as one of the top 20 law schools in the world...
since 2004. His expertise is in criminal law and criminology and he is current Chair of the Victorian Sentencing Advisory Council. His research has focussed on sentencing and the administration of criminal justice, but he has over one hundred publications in many areas of law.
Early life
Freiberg spent his undergraduate years at the University of MelbourneUniversity of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
, where he studied law and criminology. He graduated in 1972 with an honours degree in Law and a diploma in Criminology. He held a number of professional and academic positions, including editor of the Monash University Law Review
Monash University Law Review
The Monash University Law Review is a scholarly refereed law journal based at the Monash University Faculty of Law. Each issue contains articles by prominent academics, judges and legal practitioners, critically discussing a range of legal issues. The Review is held in law libraries and law firms...
, before obtaining a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
from Monash in 1984.
Professional career
Before being appointed Foundation Chair of CriminologyCriminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
at Melbourne University in 1991, Freiberg held a number of professional and academic positions. He was Reader in Law at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
, and worked for the Commonwealth Department of Public Prosecutions, as well as the Australian Institute for Criminology. Within a year of his appointment as Professor at Melbourne University, he was made Head of Criminology, and the Dean of the Arts Faculty. In 2004, Freiberg was appointed Dean of Law at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
.
In addition to his involvement in the Sentencing Advisory Council, Freiberg has held positions with the Australian Institute of Criminology and the Commonwealth Department of Public Prosecutions. He has served as President of the Australian and New Zealand Society for Criminology and is currently a member of the Council of the Australian Institute of Judicial Administration. He is also a fellow of the Academy of the Social Sciences in Australia
Academy of the Social Sciences in Australia
The Academy of the Social Sciences in Australia is an autonomous, non-governmental organisation, devoted to the advancement of knowledge and research in the social sciences. It was established in 1971...
. He has worked as a consultant to governments in Australia and around the world. In 2009, Freiberg was made a Member of the Order of Australia for his contributions to criminology, sentencing law, legal education and academic leadership.
Sentencing Advisory Council
After leading a major review of sentencing laws during 2001-2002, Pathways to Justice, Freiberg was appointed by the Victorian Government as foundation chair of the newly established the Sentencing Advisory Council in 2004. The Council is an independent statutory body which advises the Victorian Government on sentencing laws, and liases with and educates the broader community on sentencing.As Chairman of the Council, Freiberg has made a number of major recommendations on sentencing law reform. The most publicised and controversial of these was the abolition of suspended sentence
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
s, which Freiberg labelled "inherently flawed". He has also urged for the removal of provocation
Provocation
Provocation and provoke may refer to:* Provocation , a type of legal defense in court which claims the "victim" provoked the accused's actions...
as a relevant consideration in sentencing for homicides, increased use of home detention, and has advocated increased use of specialised courts such as drug court
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
s. Freiberg has also recommended that judges be allowed to indicate to defendants what their penalty may be if they plead guilty, as a means of encouraging early guilty pleas, reducing court backlogs and preventing victims from experiencing the trauma of a trial.
More broadly, Freiberg's recent work has focussed on the developing area of non-adversarial justice.
Publications
Freiberg has over 100 publications on a wide range of issues surrounding law and criminology. Some of his most prominent works include:- Non-Adversarial Justice (Melbourne, The Federation Press)
- Pathways to Justice (Melbourne, Department of Justice)
- Penal Populism, Sentencing Councils and Sentencing Policy (Hawkins Press)
- Sentencing Review: Pathways to Justice (Melbourne, Department of Justice)
- Sentencing: State and Federal Law in Victoria (Melbourne, Oxford University Press)
- Sentencing Reform and Penal Change: The Victorian Experience (Sydney, The Federation Press)
- Sentencing Review: Drug Courts and Related Options (Melbourne, Department of Justice)