Pub Date : 2022-07-03DOI: 10.1080/10345329.2022.2099640
The Honourable Justice Peter Hamill
ABSTRACT Paul Byrne SC is aptly described as one of the most outstanding criminal lawyers of his generation. Following his death in 2009, the Paul Byrne Memorial Lecture was established in 2011. Those lectures have been conducted by various highly distinguished lawyers on various topics of law. Justice Hamill delivered the tenth lecture on 22 June 2022 at the University of Sydney. In honour of Paul Byrne, and in the tenth year of the lectures being held, Paul Byrne himself was the topic of the lecture. Justice Hamill discusses the legal and non-legal lessons that can be learned from some of the most significant cases Paul appeared in, including in the High Court of Australia, the NSW Court of Criminal Appeal and various criminal trials, and the way in which Paul lived his life. This article is the revised version of Justice Hamill's lecture.
{"title":"They’re all good cases: Paul Byrne SC Memorial Lecture 22 June 2022","authors":"The Honourable Justice Peter Hamill","doi":"10.1080/10345329.2022.2099640","DOIUrl":"https://doi.org/10.1080/10345329.2022.2099640","url":null,"abstract":"ABSTRACT Paul Byrne SC is aptly described as one of the most outstanding criminal lawyers of his generation. Following his death in 2009, the Paul Byrne Memorial Lecture was established in 2011. Those lectures have been conducted by various highly distinguished lawyers on various topics of law. Justice Hamill delivered the tenth lecture on 22 June 2022 at the University of Sydney. In honour of Paul Byrne, and in the tenth year of the lectures being held, Paul Byrne himself was the topic of the lecture. Justice Hamill discusses the legal and non-legal lessons that can be learned from some of the most significant cases Paul appeared in, including in the High Court of Australia, the NSW Court of Criminal Appeal and various criminal trials, and the way in which Paul lived his life. This article is the revised version of Justice Hamill's lecture.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43478672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/10345329.2022.2051819
Rebecca Kaiser, Robert O. White
ABSTRACT This article explores the nature of transgression in Antarctica, an isolated and extreme environment. Drawing upon interviews with Antarctic expeditioners, the paper examines harms and crimes of Australian Antarctic bases, some of which are unique to this physical and social environment. The article then considers how and why there is greater tolerance of ‘deviant’ behaviour in this setting and the layers of ‘silence’ that accompany various transgressions. This is interpreted through the conceptual lens of folk crime. Living and working in Antarctica, where everyone is dependent upon the same community, means that the contours of transgression, tolerance and silence by expeditioners is shaped by its unusual context and circumstance.
{"title":"What happens on the ice, stays on the ice: transgression and layered silence in Antarctica","authors":"Rebecca Kaiser, Robert O. White","doi":"10.1080/10345329.2022.2051819","DOIUrl":"https://doi.org/10.1080/10345329.2022.2051819","url":null,"abstract":"ABSTRACT This article explores the nature of transgression in Antarctica, an isolated and extreme environment. Drawing upon interviews with Antarctic expeditioners, the paper examines harms and crimes of Australian Antarctic bases, some of which are unique to this physical and social environment. The article then considers how and why there is greater tolerance of ‘deviant’ behaviour in this setting and the layers of ‘silence’ that accompany various transgressions. This is interpreted through the conceptual lens of folk crime. Living and working in Antarctica, where everyone is dependent upon the same community, means that the contours of transgression, tolerance and silence by expeditioners is shaped by its unusual context and circumstance.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43008384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/10345329.2022.2107777
Christopher Rudge
{"title":"Policing, mental illness and media: the framing of mental health crisis encounters and police use of force","authors":"Christopher Rudge","doi":"10.1080/10345329.2022.2107777","DOIUrl":"https://doi.org/10.1080/10345329.2022.2107777","url":null,"abstract":"","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48987334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-21DOI: 10.1080/10345329.2022.2085953
M. Proeve, Tazin Tanvir
ABSTRACT Offender remorse is recognised in many legal jurisdictions as a factor that leads to mitigation of sentence. However, judges’ practice with regard to findings of remorse has been the subject of limited scholarly inquiry. We coded 262 sentencing remarks from the higher courts in South Australia using content analysis, to examine the frequency in which judges mentioned various pieces of evidence for remorse, the sources of evidence used and aspects of sentencing in which remorse was mentioned. Judges discussed remorse most frequently in relation to total sentence length and less frequently in relation to non-parole periods. There were no particular sources of evidence that judges used more frequently in their findings about remorse. Guilty pleas were frequent in those cases in which judges found remorse to be present, but guilty pleas were infrequent in those cases in which judges found remorse to be absent or not under consideration. Accepting responsibility, seeking help in relation to offending and making apologies appeared to be influential in finding remorse to be present, and lack of guilty plea appeared influential in finding against remorse. In order for judges to find that a defendant is remorseful, it may be important for a defendant to plead guilty and to show additional indications of remorse.
{"title":"When ‘I did it’ is not enough: content analysis of remorse in sentencing remarks","authors":"M. Proeve, Tazin Tanvir","doi":"10.1080/10345329.2022.2085953","DOIUrl":"https://doi.org/10.1080/10345329.2022.2085953","url":null,"abstract":"ABSTRACT Offender remorse is recognised in many legal jurisdictions as a factor that leads to mitigation of sentence. However, judges’ practice with regard to findings of remorse has been the subject of limited scholarly inquiry. We coded 262 sentencing remarks from the higher courts in South Australia using content analysis, to examine the frequency in which judges mentioned various pieces of evidence for remorse, the sources of evidence used and aspects of sentencing in which remorse was mentioned. Judges discussed remorse most frequently in relation to total sentence length and less frequently in relation to non-parole periods. There were no particular sources of evidence that judges used more frequently in their findings about remorse. Guilty pleas were frequent in those cases in which judges found remorse to be present, but guilty pleas were infrequent in those cases in which judges found remorse to be absent or not under consideration. Accepting responsibility, seeking help in relation to offending and making apologies appeared to be influential in finding remorse to be present, and lack of guilty plea appeared influential in finding against remorse. In order for judges to find that a defendant is remorseful, it may be important for a defendant to plead guilty and to show additional indications of remorse.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46296121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-21DOI: 10.1080/10345329.2022.2086362
April N. Terry
ABSTRACT Coercive sexual environments (CSE) spotlight spatial disadvantage and sexual exploitation of at-risk girls in the United States. While existing literature explores sexualised culture in rural places, little is known about rural CSEs. The current study folds a developmental life-course framework together with the CSE phenomenon and gendered pathways to assess rural communities’ responses to ‘difficult’ girls. Incarcerated girls and women, as well as community stakeholders from rural communities, were interviewed to assess the gendered pathways of delinquent girls. Findings confirmed girls (juveniles) and young women (adults) can identify overt and covert community (in)actions that ignore their abuses and criminalise their trauma. Within this study, 37.5% of the sample moved from the juvenile justice system to the adult criminal justice system, with all previously residing in non-urban locations. Evidence suggests traditional gendered norms influence the community's responses to girls in rural CSEs, which partially explains the abuse-to-prison pipeline and later involvement in the criminal justice system.
{"title":"Understanding developmental life-course theory for justice-involved girls and women residing in rural coercive sexual environments","authors":"April N. Terry","doi":"10.1080/10345329.2022.2086362","DOIUrl":"https://doi.org/10.1080/10345329.2022.2086362","url":null,"abstract":"ABSTRACT Coercive sexual environments (CSE) spotlight spatial disadvantage and sexual exploitation of at-risk girls in the United States. While existing literature explores sexualised culture in rural places, little is known about rural CSEs. The current study folds a developmental life-course framework together with the CSE phenomenon and gendered pathways to assess rural communities’ responses to ‘difficult’ girls. Incarcerated girls and women, as well as community stakeholders from rural communities, were interviewed to assess the gendered pathways of delinquent girls. Findings confirmed girls (juveniles) and young women (adults) can identify overt and covert community (in)actions that ignore their abuses and criminalise their trauma. Within this study, 37.5% of the sample moved from the juvenile justice system to the adult criminal justice system, with all previously residing in non-urban locations. Evidence suggests traditional gendered norms influence the community's responses to girls in rural CSEs, which partially explains the abuse-to-prison pipeline and later involvement in the criminal justice system.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46294938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-03DOI: 10.1080/10345329.2022.2051820
Laura Metcalfe, Brenda Lin, G. Clancey
The Palgrave International Handbook of Youth Imprisonment is a voluminous and significant compilation of research on different features of youth justice systems across the world. It consolidates the work of 38 contributors across 28 chapters and 642 pages. Given the sheer volume and scope of the book, this review sets out the broad structure of the book, homes in on particular chapters for a more focused overview and concludes by offering some broad strokes commentary on the book as a whole.
{"title":"The Palgrave International Handbook of Youth Imprisonment","authors":"Laura Metcalfe, Brenda Lin, G. Clancey","doi":"10.1080/10345329.2022.2051820","DOIUrl":"https://doi.org/10.1080/10345329.2022.2051820","url":null,"abstract":"The Palgrave International Handbook of Youth Imprisonment is a voluminous and significant compilation of research on different features of youth justice systems across the world. It consolidates the work of 38 contributors across 28 chapters and 642 pages. Given the sheer volume and scope of the book, this review sets out the broad structure of the book, homes in on particular chapters for a more focused overview and concludes by offering some broad strokes commentary on the book as a whole.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49615751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-03DOI: 10.1080/10345329.2022.2049467
R. Harding
whelming majority employ qualitative methods. Some involve very small sample sizes, and very many are based on fieldwork conducted a decade or more ago. While qualitative research is a valuable tool in criminological research, the lack of quantitative analysis seems like an oversight. Also, the age of much of the fieldwork generally means that chapters have re-packaged previously published works. In some cases, this is from previously published books. While it is beneficial to have all of this research collected in one place, we would have liked to see more novel contributions. Overall, this handbook offers an excellent overview of key features and issues pertaining to youth justice systems across the globe and may serve as a helpful starting point for those interested in delving deeper into particular elements and experiences of youth detention.
{"title":"Towards human rights compliance in Australian prisons","authors":"R. Harding","doi":"10.1080/10345329.2022.2049467","DOIUrl":"https://doi.org/10.1080/10345329.2022.2049467","url":null,"abstract":"whelming majority employ qualitative methods. Some involve very small sample sizes, and very many are based on fieldwork conducted a decade or more ago. While qualitative research is a valuable tool in criminological research, the lack of quantitative analysis seems like an oversight. Also, the age of much of the fieldwork generally means that chapters have re-packaged previously published works. In some cases, this is from previously published books. While it is beneficial to have all of this research collected in one place, we would have liked to see more novel contributions. Overall, this handbook offers an excellent overview of key features and issues pertaining to youth justice systems across the globe and may serve as a helpful starting point for those interested in delving deeper into particular elements and experiences of youth detention.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46205848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-03DOI: 10.1080/10345329.2022.2057106
Sarah L. Deck, Martine B. Powell, J. Goodman-Delahunty, Nina J Westera
ABSTRACT Giving evidence from the witness stand is often distressing for complainants of child sexual abuse. Technology-based special measures (eg, CCTV/AV link) enable complainants to give evidence from a location outside the courtroom, making the process less intimidating for complainants, which in turn enhances the quality of their evidence. Although the implementation of these measures has increased in prevalence over the preceding decades, little is known about the frequency and nature of problems that arise when special measures are utilised. In this study, we systematically coded transcripts from Australian child sexual assault trials to examine how (if at all) the implementation of special measures varied across child, adolescent and adult complainants. We also explored how often problems arose when special measures were used, and the nature of these problems. Our findings revealed that technology-based measures were regularly used for complainants in all age groups, but problems using these measures arose in the majority of trials. These results highlight the need for adequate training of professionals who are involved in operating special measures, as well as the need to outfit courts with appropriate equipment and facilities.
{"title":"An examination of implementation of special measures in child sexual assault trials and the problems that arise","authors":"Sarah L. Deck, Martine B. Powell, J. Goodman-Delahunty, Nina J Westera","doi":"10.1080/10345329.2022.2057106","DOIUrl":"https://doi.org/10.1080/10345329.2022.2057106","url":null,"abstract":"ABSTRACT Giving evidence from the witness stand is often distressing for complainants of child sexual abuse. Technology-based special measures (eg, CCTV/AV link) enable complainants to give evidence from a location outside the courtroom, making the process less intimidating for complainants, which in turn enhances the quality of their evidence. Although the implementation of these measures has increased in prevalence over the preceding decades, little is known about the frequency and nature of problems that arise when special measures are utilised. In this study, we systematically coded transcripts from Australian child sexual assault trials to examine how (if at all) the implementation of special measures varied across child, adolescent and adult complainants. We also explored how often problems arose when special measures were used, and the nature of these problems. Our findings revealed that technology-based measures were regularly used for complainants in all age groups, but problems using these measures arose in the majority of trials. These results highlight the need for adequate training of professionals who are involved in operating special measures, as well as the need to outfit courts with appropriate equipment and facilities.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44441195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-01DOI: 10.1080/10345329.2022.2047146
Freya Devos, V. Nagy
ABSTRACT The Tasmanian female prison population has increased by 57% since 2000. Sexual victimisation is one of the most reported forms of victimisation among female prisoners in Australia. This article explores how seven Tasmanian correctional staff and program facilitators understand the relationship between sexual victimisation, offending and rehabilitation pathways and makes recommendations about how correctional systems can better manage practices that may re-victimise women. In doing so, the article provides the first analysis of how corrections workers and prison program practitioners working with incarcerated women in Tasmania understand the needs of their female clients. Findings demonstrate that prison and throughcare programs on offer in Tasmania do not consider the specific needs of women, especially women with histories of sexual victimisation.
{"title":"Sexual victimisation histories and rehabilitation in female prisoners: a Tasmanian case study","authors":"Freya Devos, V. Nagy","doi":"10.1080/10345329.2022.2047146","DOIUrl":"https://doi.org/10.1080/10345329.2022.2047146","url":null,"abstract":"ABSTRACT The Tasmanian female prison population has increased by 57% since 2000. Sexual victimisation is one of the most reported forms of victimisation among female prisoners in Australia. This article explores how seven Tasmanian correctional staff and program facilitators understand the relationship between sexual victimisation, offending and rehabilitation pathways and makes recommendations about how correctional systems can better manage practices that may re-victimise women. In doing so, the article provides the first analysis of how corrections workers and prison program practitioners working with incarcerated women in Tasmania understand the needs of their female clients. Findings demonstrate that prison and throughcare programs on offer in Tasmania do not consider the specific needs of women, especially women with histories of sexual victimisation.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42621258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-24DOI: 10.1080/10345329.2022.2048443
Clare Davidson, A. Loughnan, Sarah Murray
ABSTRACT This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard court processes into a track focused on treatment and rehabilitation. In this article, we assess the available data addressing veterans’ interactions with the criminal justice system and analyse the relevance of the overseas experience for Australia. We identify the considerations relevant to the establishment of a veterans’ court or veterans’ list and argue that a bespoke veterans’ justice pathway should be considered in order to enhance the responsiveness of the criminal justice system to the specific needs of returned service personnel, and to expand the scope of therapeutic approaches to crime in Australian jurisdictions.
{"title":"Serving those who serve?: A critical assessment of the need for a veterans’ court or veterans’ list in Australia","authors":"Clare Davidson, A. Loughnan, Sarah Murray","doi":"10.1080/10345329.2022.2048443","DOIUrl":"https://doi.org/10.1080/10345329.2022.2048443","url":null,"abstract":"ABSTRACT This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard court processes into a track focused on treatment and rehabilitation. In this article, we assess the available data addressing veterans’ interactions with the criminal justice system and analyse the relevance of the overseas experience for Australia. We identify the considerations relevant to the establishment of a veterans’ court or veterans’ list and argue that a bespoke veterans’ justice pathway should be considered in order to enhance the responsiveness of the criminal justice system to the specific needs of returned service personnel, and to expand the scope of therapeutic approaches to crime in Australian jurisdictions.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46376505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：