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A ‘central paradox’: Judicial decision-making in cases of sexual offending by young people 一个“中心悖论”:年轻人性侵犯案件的司法决策
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-11-07 DOI: 10.1177/26338076221135330
M. Parker, K. Richards
Very little has previously been documented about judicial decision-making in relation to young people who commit sexual offences. This article begins to address this gap by examining judicial decision-making in cases of young people with sexual offence convictions in one Australian jurisdiction. Employing a qualitative content analysis of sentencing remarks and judgments, it investigates how judicial decision-makers construct this cohort of young people given the ‘central paradox’ that young offenders are typically regarded as reformable while sexual offenders are not. Results of the study make an original contribution toward understanding judicial constructions of both sex offenders and youth offenders, and in particular toward the very under-researched area of judicial constructions of youthful sexual offenders specifically. In doing so, the study offers a much-needed evidence base that can contribute to a better understanding of judicial reasoning.
以前很少有关于年轻人性犯罪司法决策的文件。本文首先通过审查澳大利亚一个司法管辖区内被判性犯罪的年轻人案件的司法决策来解决这一差距。它对量刑言论和判决进行了定性内容分析,调查了司法决策者是如何构建这群年轻人的,因为“核心悖论”是,年轻罪犯通常被认为是可以改造的,而性罪犯则不然。研究结果对理解性犯罪者和青少年犯罪者的司法结构,特别是对青少年性犯罪者司法结构这一研究不足的领域,做出了独创性的贡献。在这样做的过程中,这项研究提供了一个急需的证据基础,有助于更好地理解司法推理。
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引用次数: 0
The drop in female homicide victimisation in Australia 澳大利亚女性凶杀案受害人数下降
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-10-09 DOI: 10.1177/26338076221110251
W. Forrest
Despite widespread community concern about the incidence of lethal violence against women in Australia, the numbers and rates of women murdered each year have been falling for almost 30 years. The risk of homicide victimisation among Australian women is now the lowest it has ever been since federation. Few studies have explored these patterns or sought to explain their development. One plausible explanation, anticipated by feminist theories of violence, is that homicide has declined as the status of women and gender equality have increased. In this paper, I analyse changes in the annual female homicide victimisation rate in Australia from 1962 to 2016. Using unobserved components models, I investigate the extent to which increases in either the status of women or gender equality can account for the decline in female homicide victimisation since the late 1980s. Despite absolute and relative advances in women's educational access and achievement, labour force participation, and earnings, those changes had little discernible impact on the aggregate-level risk of lethal violence against women. Instead, other social and economic conditions, such as falling unemployment, the shrinking of the young male population and ongoing urbanisation, seem better able to explain recent improvements in women's safety.
尽管澳大利亚社会普遍关注针对妇女的致命暴力事件,但近30年来,每年被谋杀的妇女人数和比率一直在下降。澳大利亚妇女被谋杀的风险现在是联邦成立以来最低的。很少有研究探索这些模式或试图解释它们的发展。女权主义暴力理论预测的一个合理解释是,随着女性地位和性别平等的提高,凶杀率下降了。在本文中,我分析了1962年至2016年澳大利亚年度女性凶杀受害率的变化。使用未观察到的成分模型,我调查了自20世纪80年代末以来,妇女地位或性别平等的提高在多大程度上可以解释女性凶杀受害者人数的下降。尽管妇女在受教育机会和成就、劳动力参与和收入方面取得了绝对和相对的进步,但这些变化对妇女遭受致命暴力的总体风险几乎没有明显的影响。相反,其他社会和经济条件,如失业率下降、年轻男性人口减少和正在进行的城市化,似乎更能解释最近女性安全状况的改善。
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引用次数: 0
Interjurisdictional differences in Australian imprisonment rates: Sentencing or arrest rates? 澳大利亚监禁率的司法管辖区差异:判刑率还是逮捕率?
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-10-05 DOI: 10.1177/26338076221128997
D. Weatherburn
There are stark and enduring differences between the Australian States and Territories in their rates of imprisonment. The Australian Capital Territory, for example, has an imprisonment rate of 113/100,000 population. The Northern Territory imprisonment rate is more than 8 times the Australian Capital Territory rate, and 41% higher than the imprisonment rate in Louisiana; the US state with the highest imprisonment rate in that country. The disparity is not limited to the Australian Territories. The imprisonment rates of Western Australia, Queensland, South Australia, and New South Wales are between 1.5 and 2.4 times higher than the Victoria rate. The aim of the present article is to determine whether the lower rate of entry into Victorian prisons is due to less frequent use of imprisonment or a lower arrest/court appearance rate. We find that the principal reason is a lower court appearance rate, particularly in relation to traffic and vehicle regulatory offences, justice procedure and related offences, burglary/break and enter, and illicit drug offences.
澳大利亚各州和各领土的监禁率存在着明显和持久的差异。例如,澳大利亚首都领地的监禁率为113/10万人口。北领地的监禁率是澳大利亚首都领地的8倍多,比路易斯安那州的监禁率高41%;美国监禁率最高的州。这种差距不仅限于澳大利亚领土。西澳大利亚州、昆士兰州、南澳大利亚州和新南威尔士州的监禁率是维多利亚州的1.5至2.4倍。本条的目的是确定进入维多利亚州监狱的比率较低是因为使用监禁的频率较低,还是因为逮捕/出庭率较低。我们发现,主要原因是出庭率较低,特别是在交通和车辆监管犯罪、司法程序和相关犯罪、入室盗窃/入室盗窃以及非法药物犯罪方面。
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引用次数: 0
Criminal records, discrimination, and Aboriginal communities: Enhancing employment opportunities 犯罪记录、歧视和土著社区:增加就业机会
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-10-02 DOI: 10.1177/26338076221128996
Bronwyn Naylor, G. Heydon
Criminal record checking is now widespread in Australia. Aboriginal people are disproportionately represented in the criminal justice system, for a range of reasons including historic levels of disadvantage due to colonisation. They are therefore disproportionately likely to be negatively affected by criminal record checking when seeking employment, when taking on community governance roles, when being considered as kinship carers and so on. At the same time, productive and rewarding employment, and engagement in governance roles, are vital aspects of Aboriginal people's participation, contribution and engagement across all parts of the Australian community. This article examines practices, protocols and experiences of employers, employment agencies and government organisations in Western Australia and the Northern Territory managing the potential impact of a criminal record on Aboriginal employment. The article identifies four fields that can give rise to good employment practice: Background Checking; Recruitment; Risk Management; and Support and Engagement.
犯罪记录检查现在在澳大利亚很普遍。原住民在刑事司法系统中的比例过高,原因有很多,包括殖民统治造成的历史劣势。因此,他们在求职、担任社区治理角色、被视为亲属看护人等方面,极有可能受到犯罪记录检查的负面影响,澳大利亚社会各阶层的贡献和参与。本文探讨了西澳大利亚州和北领地雇主、就业机构和政府组织管理犯罪记录对原住民就业的潜在影响的做法、协议和经验。文章确定了四个可以产生良好就业实践的领域:背景调查;招收风险管理;以及支持和参与。
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引用次数: 0
Postcolonial churn and the impact of the criminal justice system on Aboriginal people in Western Australia, 1829–2020 后殖民时期的动荡和刑事司法系统对西澳大利亚土著人的影响,1829-2020
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-10-02 DOI: 10.1177/26338076221129926
Katherine Roscoe, B. Godfrey
This article analyses how the criminalisation and imprisonment of Aboriginal people operated as tools of colonisation in Western Australia (WA) in the nineteenth century, and how this shaped the postcolonial criminal justice system. The racialised double standard embedded in the colonial foundations of state institutions, including the criminal justice system, rippled across generations of Aboriginal people: a reiterative and disruptive process that we dub the ‘postcolonial churn’. This term, adapted from the ‘carceral churn’, describes the destabilising mobilisations embedded in carceral and settler-colonial logics over the long term. It uses data from archival prison registers (Rottnest Island 1838–1931 and Roebourne Prison 1908–1961), as well as historic court, police and newspaper data to map the use of the criminal code in protecting and expanding colonial property rights in the original waves of settler-colonisation. WA is an outlier among the Australian colonies: it was the largest in terms of size (2,642,753 km2), the last colony to receive European convicts (1850–1868), and the last to be awarded self-government (1890). This created a situation where the British government dictated policy for legal forms of subjugation of Aboriginal people at the frontier (first for resisting pastoral industry, later as workers in it) which butted up against localised extra-legal violence by police and settlers. We can trace this dichotomy between policy and practice in the development of surveillance and policing of Aboriginal populations across time and settler-colonial space due to the protracted pace of frontier ‘development’. Revealing the mediated historical aspects of structural racism is crucial to analysing the persistence of racialised policing in postcolonial settings and understanding why, despite repeated inquiries into mistreatment of Aboriginal people, institutional inertia remains.
本文分析了19世纪西澳大利亚州对原住民的定罪和监禁是如何作为殖民工具运作的,以及这是如何塑造后殖民刑事司法系统的。包括刑事司法系统在内的国家机构的殖民基础中根深蒂固的种族化双重标准,波及了几代原住民:这是一个反复出现的破坏性过程,我们称之为“后殖民时代的动荡”。这个词改编自“尸体搅乱”,描述了长期存在于尸体和定居者殖民逻辑中的破坏稳定的动员。它使用档案监狱登记册(罗特尼斯特岛1838-1931年和罗本监狱1908-1961年)的数据,以及历史法庭、警察和报纸的数据,绘制了在最初的定居者殖民浪潮中,刑法在保护和扩大殖民地财产权方面的使用情况。西澳是澳大利亚殖民地中的异类:就面积而言,西澳是最大的殖民地(2642753平方公里),是最后一个接收欧洲罪犯的殖民地,也是最后一个获得自治权的殖民地。这造成了一种情况,即英国政府制定了对边境原住民进行合法形式征服的政策(首先是抵抗畜牧业,后来成为畜牧业的工人),这与警察和定居者的局部法外暴力相冲突。由于边境“发展”的缓慢,我们可以追溯到跨时间和定居者殖民空间的土著人口监控和治安发展的政策和实践之间的这种二分法。揭示结构性种族主义的中介历史方面,对于分析后殖民环境中种族化治安的持续性,以及理解为什么尽管一再调查虐待原住民的行为,但制度惯性仍然存在至关重要。
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引用次数: 1
Reflections on the in-prison recruitment and participation of men with a history of injecting drug use, in a longitudinal cohort study in Australia 澳大利亚一项纵向队列研究中对有注射吸毒史的男性在狱中招募和参与的思考
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-09-26 DOI: 10.1177/26338076221127047
S. Walker, Michael Curtis, Emma Woods, L. Pierce, A. Kirwan, A. Stewart, R. Cossar, R. Winter, P. Dietze, S. Kinner, J. Ogloff, T. Butler, M. Stoové
Studies aimed at improving the health and well-being needs of people in prison are increasing in number. The ethical and logistical challenges of conducting this research, however, pose challenges for researchers which can limit its scope. Emerging literature provides insights into these challenges, but little is focused on the Australian perspective, and most are based on the experiences of recruiting and collecting data for ethnographic and qualitative research. Literature describing the challenges of conducting quantitative prospective studies in prisons is limited. Furthermore, despite the fact that people who inject drugs are overrepresented amongst prison populations, and experience higher levels of socioeconomic disadvantage and poorer health than the general prison population, we are unaware of literature describing the particular sensitivities associated with their recruitment and participation in research in prisons. We intend to address these gaps by drawing on our experience and reflecting on learnings that emerged from longitudinal research we conducted with 400 incarcerated males with recent histories of injecting drug use, in Victoria, Australia. Our aim is to provide guidance and lessons for future research.
旨在改善监狱服刑人员健康和福利需求的研究越来越多。然而,进行这项研究的伦理和后勤挑战给研究人员带来了挑战,这可能会限制其范围。新兴文献提供了对这些挑战的见解,但很少关注澳大利亚的观点,大多数都是基于招募和收集民族志和定性研究数据的经验。描述在监狱中进行定量前瞻性研究的挑战的文献是有限的。此外,尽管注射吸毒者在监狱人口中所占比例过高,而且与一般监狱人口相比,他们在社会经济上处于更大的不利地位,健康状况也更差,但我们不知道有文献描述了与他们的招募和参与监狱研究相关的特殊敏感性。我们打算利用我们的经验,并反思我们在澳大利亚维多利亚州对最近有注射吸毒史的400名被监禁男性进行的纵向研究中得出的结论,以解决这些差距。我们的目的是为今后的研究提供指导和借鉴。
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引用次数: 0
The connection between work attitudes and Chinese correctional staff burnout 工作态度与中国矫正人员职业倦怠的关系
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-09-21 DOI: 10.1177/26338076221127710
Jianhong Liu, E. Lambert, Shanhe Jiang, Jinwu Zhang
Officers are a valuable resource for prisons across the globe. Working in corrections is a demanding job with a higher-than-average risk of job burnout. Most prison burnout studies have focused on staff working in Western prisons, particularly those in the U.S. These studies have generally found an association between work attitudes and burnout among prison officers. However, a key question is whether the associations are universal or contextual, varying by nation. The current study examined the link between the major work attitudes of job involvement, job satisfaction, and organizational commitment and the burnout dimensions of emotional exhaustion, depersonalization, and feeling ineffective at work among staff at two Chinese prisons. According to the results of ordinary least squares multivariate regression tests, job involvement, and job satisfaction had significant negative effects on emotional exhaustion, but commitment did not. Only job involvement had significant negative effects on depersonalization. Job involvement and organizational commitment had significant negative effects on feeling ineffective, while job satisfaction had nonsignificant effects. The results indicate that the major work attitudes are negatively linked to job burnout for the studied Chinese prison staff; efforts should be undertaken to build these work attitudes to reduce burnout since burnout is linked to negative consequences for officers, inmates, and the prison. Based on previous research and current findings, some of the effects of work attitudes appear to be universal, and others appear to be contextual.
官员是全球监狱的宝贵资源。从事矫正工作是一项要求很高的工作,职业倦怠的风险高于平均水平。大多数监狱倦怠研究都集中在西方监狱工作人员身上,尤其是美国监狱工作人员。这些研究普遍发现,监狱官员的工作态度与倦怠之间存在关联。然而,一个关键问题是,这些关联是普遍的还是背景的,因国家而异。本研究考察了中国两所监狱工作人员的工作投入、工作满意度和组织承诺等主要工作态度与情绪衰竭、人格解体和工作效率感等倦怠维度之间的联系。根据普通最小二乘多元回归检验的结果,工作投入和工作满意度对情绪衰竭有显著的负向影响,但承诺没有。只有工作参与对人格解体有显著的负面影响。工作投入和组织承诺对无效感有显著的负面影响,而工作满意度对无效感没有显著影响。研究结果表明,中国监狱工作人员的主要工作态度与工作倦怠呈负相关;应该努力建立这些工作态度,以减少倦怠,因为倦怠会给官员、囚犯和监狱带来负面影响。根据之前的研究和目前的发现,工作态度的一些影响似乎是普遍的,而另一些则是有背景的。
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引用次数: 1
In control, out of control or losing control? Making sense of men's reported experiences of coercive control through the lens of hegemonic masculinity 处于控制、失控还是失控?从霸权男子气概的视角解读男性被强制控制的经历
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-09-21 DOI: 10.1177/26338076221127452
S. Walklate, Kate Fitz‐Gibbon, E. Reeves, Silke Meyer, Jasmine McGowan
“I have never had a case that involved a female perpetrator of coercive control, and no such cases are documented in the literature” (Stark, 2007, p. 377). Stark's observation has become somewhat of a “truism” in the wider debate surrounding coercive control. Yet simultaneously coercive control is asserted as a gendered process, understandings of which appear to have elided and conflated victimhood and perpetration with femininity and masculinity. The purpose of this paper, based on empirical data, is to unpick some of these elisions and conflations and offer a more nuanced understanding of these debates using the lens of hegemonic masculinity. This paper is based on data derived from a national online survey conducted in Australia in 2021. The aim of this paper is to explore, and better understand male reported experiences of coercive control victimisation. The survey was completed by 1261 people, 206 (17%) of whom identified as men. These 206 responses are the focus of this paper. Representing one of the most comprehensive studies of men's self-reported experiences of coercive control, this survey data provides some insight into how male victim-survivors define and understand what they considered to be their experiences of coercive control. The findings provide an opportunity to offer a more nuanced appreciation of men's experiences of being in control, out of control or losing control.
“我从未遇到过涉及女性实施强制控制的案件,文献中也没有此类案件的记录”(Stark,2007,第377页)。在围绕强制控制的更广泛辩论中,斯塔克的观察在某种程度上已经成为“真理”。然而,与此同时,强制控制被认为是一个性别化的过程,对这一过程的理解似乎忽略了受害者身份和犯罪行为,并将其与女性气质和男性气质混为一谈。本文的目的是基于实证数据,解开其中的一些省略和混淆,并利用霸权男子气概的视角对这些辩论进行更细致的理解。本文基于2021年在澳大利亚进行的一项全国在线调查的数据。本文的目的是探索并更好地理解男性报告的强制控制受害经历。这项调查由1261人完成,其中206人(17%)被确认为男性。这206条回复是本文的重点。这项调查数据代表了对男性自我报告的强制控制经历的最全面的研究之一,为男性受害者幸存者如何定义和理解他们认为的强制控制体验提供了一些见解。这些发现提供了一个机会,可以更细致地了解男性控制、失控或失去控制的经历。
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引用次数: 0
Unpacking correctional workers’ experiences with transgender prisoners in Nova Scotia, Canada 加拿大新斯科舍省的惩教工作者与变性囚犯的经历
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-09-14 DOI: 10.1177/26338076221126242
Matthew S. Johnston, Ryan Coulling, Rosemary Ricciardelli
Empirical research on Canadian correctional workers’ successes, challenges, and attitudes towards accommodating gender diversity remains limited. Drawing on data garnered from two open-ended survey questions (n = 70) asking correctional workers in the community or institutions about their perspectives on working with trans populations, we explore how correctional workers in Nova Scotia, Canada accommodate or struggle to accommodate gender diversity in carceral settings. We found that respondents are generally mindful of issues pertaining to the safety and security of trans prisoners, usually espouse open-mindedness, and are generally able to work within correctional parameters to accommodate those with a diverse gender identity. Yet some respondents raised concerns and suspicion towards prisoners who present a safety risk to other prisoners and, in their view, may be manipulating human rights policies to cause harm to others. We take up these tensions critically and discuss the scholarly and practical implications of our findings, as well as possible avenues for future research.
关于加拿大惩教工作者在适应性别多样性方面的成功、挑战和态度的实证研究仍然有限。根据两个开放式调查问题收集的数据(n = 70),询问社区或机构的惩教工作者关于他们与跨性别人群合作的观点,我们探讨了加拿大新斯科舍省的惩教工作者如何适应或努力适应监狱环境中的性别多样性。我们发现,受访者普遍关注与跨性别囚犯的安全有关的问题,通常支持开放的思想,并且通常能够在惩教参数范围内工作,以适应具有不同性别认同的人。然而,一些答复者对那些对其他囚犯构成安全风险的囚犯表示关切和怀疑,他们认为,这些囚犯可能在操纵人权政策,对他人造成伤害。我们批判性地处理这些紧张关系,讨论我们的研究结果的学术和实践意义,以及未来研究的可能途径。
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引用次数: 0
Police preparedness to respond to cybercrime in Australia: An analysis of individual and organizational capabilities 澳大利亚警方应对网络犯罪的准备:个人和组织能力的分析
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-09-05 DOI: 10.1177/26338076221123080
Michael Wilson, Cassandra Cross, T. Holt, A. Powell
The rapid growth in the availability of information and communications technologies has also expanded opportunities to commit cybercrime. Law enforcement officers are often the first responders to such incidents. Internationally, research has revealed how police preparedness to respond to cybercrime is mediated by organizational policies and procedures, as well as characteristics such as education, gender, and previous training for cybercrime investigations. However, there has been limited research in an Australian context examining police preparedness to respond to cybercrime. As such, this article examines the preparedness of Australian police personnel to respond to cybercrime incidents drawing on surveys with two state-wide police agencies (n = 422). Here, we examine the prevalence of cybercrime training across both agencies, levels of individual and organizational confidence about responding to cybercrime incidents, and their views about enhancing responses to cybercrime. The results suggest only half of the surveyed personnel have received some cybercrime-related training, with significantly less reporting specific instruction about how to receive and direct incident reports and manage digital crime scenes. Further, while personnel are modestly confident in their individual capabilities to respond to cybercrime incidents, they lack comparative confidence in their organizations and yearn for more resourcing and professional development. Implications for police resourcing, training, and practices are discussed.
信息和通信技术的快速发展也增加了实施网络犯罪的机会。执法人员往往是此类事件的第一反应者。在国际上,研究揭示了警察应对网络犯罪的准备如何受到组织政策和程序以及教育、性别和先前网络犯罪调查培训等特征的影响。然而,在澳大利亚的背景下,对警方准备应对网络犯罪的研究有限。因此,本文通过对两个州警察机构(n = 422)的调查,研究了澳大利亚警察人员应对网络犯罪事件的准备情况。在这里,我们研究了网络犯罪培训在两个机构中的流行程度,个人和组织对应对网络犯罪事件的信心水平,以及他们对加强对网络犯罪的反应的看法。调查结果显示,只有一半的受访人员接受过一些与网络犯罪相关的培训,而关于如何接收和指导事件报告以及管理数字犯罪现场的具体指导则少得多。此外,虽然员工对自己应对网络犯罪事件的能力有一定的信心,但他们对自己的组织缺乏相对的信心,渴望获得更多的资源和专业发展。讨论了对警察资源、培训和实践的影响。
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引用次数: 4
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Journal of Criminology
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