Pub Date : 2023-02-22DOI: 10.1080/10345329.2022.2152935
G. Mason
ABSTRACT Some weighty claims are made about the capacity of consent education to address the problem of sexual exploitation and violence. The modern notion of consent has its origins in the criminal law where it has a specific and narrow function as the cardinal marker between rape and legal sex. This prompts us to ask: how fit for purpose is the concept of consent outside of the criminal law or, more specifically, how fit for purpose is consent in the context of primary prevention education? This article draws on an empirical study in the Australian state of New South Wales to examine how consent is mobilised and explained in community programs and campaigns that deliver respectful or healthy relationship education. The research shows that consent is a preferred narrative through which many educational initiatives tackle sexual exploitation and promote sexual respect. The article explores some of the limits of the language through which consent is defined and explained in these programs. Ultimately, however, it argues that we should be concerned not just with how consent is defined but, more fundamentally, with the prioritisation of consent as a primary narrative through which to tackle sexual exploitation. Consent is merely the minimum threshold necessary for legal sex. It is not a signifier of ethical or good sex.
{"title":"Rethinking the primacy of consent: community education and ethical sex","authors":"G. Mason","doi":"10.1080/10345329.2022.2152935","DOIUrl":"https://doi.org/10.1080/10345329.2022.2152935","url":null,"abstract":"ABSTRACT Some weighty claims are made about the capacity of consent education to address the problem of sexual exploitation and violence. The modern notion of consent has its origins in the criminal law where it has a specific and narrow function as the cardinal marker between rape and legal sex. This prompts us to ask: how fit for purpose is the concept of consent outside of the criminal law or, more specifically, how fit for purpose is consent in the context of primary prevention education? This article draws on an empirical study in the Australian state of New South Wales to examine how consent is mobilised and explained in community programs and campaigns that deliver respectful or healthy relationship education. The research shows that consent is a preferred narrative through which many educational initiatives tackle sexual exploitation and promote sexual respect. The article explores some of the limits of the language through which consent is defined and explained in these programs. Ultimately, however, it argues that we should be concerned not just with how consent is defined but, more fundamentally, with the prioritisation of consent as a primary narrative through which to tackle sexual exploitation. Consent is merely the minimum threshold necessary for legal sex. It is not a signifier of ethical or good sex.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"197 - 213"},"PeriodicalIF":1.9,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45852666","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 : 2023-02-14DOI: 10.1080/10345329.2023.2173512
James Alexander
ABSTRACT Drill, a sub-genre of hip-hop that emerged out of Chicago but is now a mainstay of United Kingdom youth street culture, often includes violent lyrics designed to antagonise rivals. This article draws on a longitudinal study with several drill artists to expand the academic understanding of this culture. Within this study, young people’s violent online personas are a response to inhabiting a social space that developed due to a nexus of factors, including social deprivation, a lack of informal guardianship and the rules of the online attention economy. This digital dynamic sees artists competing for viewers’ limited attention by producing exaggerated violent depictions to show cultural competence and embodied street capital as they vie for attention in an antagonistic continuum with other groups. As young people experience social spaces, not governed by the rules of the street, they often realise that their violent online persona’s utility is limited, leading to a rebranding of their digital self. The study concludes that young people’s involvement in online violence is usually a temporary response to the offline social spaces they inhabit. Attempts to address such activities should focus on young people’s offline and online experiences.
{"title":"Analysing the importance of drill artists’ offline environment in the creation of violent online identities","authors":"James Alexander","doi":"10.1080/10345329.2023.2173512","DOIUrl":"https://doi.org/10.1080/10345329.2023.2173512","url":null,"abstract":"ABSTRACT Drill, a sub-genre of hip-hop that emerged out of Chicago but is now a mainstay of United Kingdom youth street culture, often includes violent lyrics designed to antagonise rivals. This article draws on a longitudinal study with several drill artists to expand the academic understanding of this culture. Within this study, young people’s violent online personas are a response to inhabiting a social space that developed due to a nexus of factors, including social deprivation, a lack of informal guardianship and the rules of the online attention economy. This digital dynamic sees artists competing for viewers’ limited attention by producing exaggerated violent depictions to show cultural competence and embodied street capital as they vie for attention in an antagonistic continuum with other groups. As young people experience social spaces, not governed by the rules of the street, they often realise that their violent online persona’s utility is limited, leading to a rebranding of their digital self. The study concludes that young people’s involvement in online violence is usually a temporary response to the offline social spaces they inhabit. Attempts to address such activities should focus on young people’s offline and online experiences.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"340 - 354"},"PeriodicalIF":1.9,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47025889","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 : 2023-02-06DOI: 10.1080/10345329.2023.2168511
Jordan C. Grasso, V. Jenness, S. Vogler
ABSTRACT Developed over decades, a body of research identifies the factors that affect people’s willingness to report crime to law enforcement. In a context in which studies of anti-LGBTQ violence and peoples’ responses to such victimisation are proliferating, a timely question warrants attention: What predicts the willingness of sexual minorities (SMs) (ie, lesbian, gay, bisexual and queer) to report hate crime to the police? Utilising original data collected from a multi-site survey, this article assesses factors that shape the probability that young SMs will report bias-motivated crime victimisation to the police. We find that, compared to their non-SM heterosexual counterparts, SMs express a wider range of willingness to report crime as well as more legal cynicism and lower perceptions of police legitimacy. Our multivariate analyses reveal that SM identity indirectly influences reporting behaviour vis-a-vis legal cynicism and perceptions of police legitimacy. The implications of these findings for future research are discussed in the context of a growing body of literature that reveals the plethora of ways in which LGBTQ communities are both over-policed and underserved.
{"title":"Understanding the context for police avoidance: the impact of sexual identity, police legitimacy and legal cynicism on willingness to report hate crime","authors":"Jordan C. Grasso, V. Jenness, S. Vogler","doi":"10.1080/10345329.2023.2168511","DOIUrl":"https://doi.org/10.1080/10345329.2023.2168511","url":null,"abstract":"ABSTRACT Developed over decades, a body of research identifies the factors that affect people’s willingness to report crime to law enforcement. In a context in which studies of anti-LGBTQ violence and peoples’ responses to such victimisation are proliferating, a timely question warrants attention: What predicts the willingness of sexual minorities (SMs) (ie, lesbian, gay, bisexual and queer) to report hate crime to the police? Utilising original data collected from a multi-site survey, this article assesses factors that shape the probability that young SMs will report bias-motivated crime victimisation to the police. We find that, compared to their non-SM heterosexual counterparts, SMs express a wider range of willingness to report crime as well as more legal cynicism and lower perceptions of police legitimacy. Our multivariate analyses reveal that SM identity indirectly influences reporting behaviour vis-a-vis legal cynicism and perceptions of police legitimacy. The implications of these findings for future research are discussed in the context of a growing body of literature that reveals the plethora of ways in which LGBTQ communities are both over-policed and underserved.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"269 - 289"},"PeriodicalIF":1.9,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43299437","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 : 2023-01-11DOI: 10.1080/10345329.2022.2161844
Joseph Lelliott, R. Wallis
ABSTRACT A perpetrator’s use of fire to coerce, control and punish a current or former partner has been the subject of increased attention in media reporting and research, particularly following several high-profile murders of women in Queensland. Building on this, the study set out in this article examines threats of fire in the context of domestic and family violence. These threats may involve the dousing of persons or property with flammable substances (commonly petrol), as well as purely verbal or implicit threats where there is no use of accelerant. This article draws on interview data with 17 Domestic and Family Violence (DFV) non-government service providers collected in 2021 and analyses participants’ views on the prevalence, forms and contexts of threats of fire. It concludes that such threats take a variety of forms, likely occur as part of an escalation of a pattern of previous abusive behaviour, and can be difficult for law enforcement and other service providers to identify. This article identifies the need for better responses to threats of fire and further research into this manifestation of coercive and controlling behaviour.
{"title":"Threats of fire in the context of domestic and family violence: views on prevalence, forms and contexts from service providers in Queensland","authors":"Joseph Lelliott, R. Wallis","doi":"10.1080/10345329.2022.2161844","DOIUrl":"https://doi.org/10.1080/10345329.2022.2161844","url":null,"abstract":"ABSTRACT A perpetrator’s use of fire to coerce, control and punish a current or former partner has been the subject of increased attention in media reporting and research, particularly following several high-profile murders of women in Queensland. Building on this, the study set out in this article examines threats of fire in the context of domestic and family violence. These threats may involve the dousing of persons or property with flammable substances (commonly petrol), as well as purely verbal or implicit threats where there is no use of accelerant. This article draws on interview data with 17 Domestic and Family Violence (DFV) non-government service providers collected in 2021 and analyses participants’ views on the prevalence, forms and contexts of threats of fire. It concludes that such threats take a variety of forms, likely occur as part of an escalation of a pattern of previous abusive behaviour, and can be difficult for law enforcement and other service providers to identify. This article identifies the need for better responses to threats of fire and further research into this manifestation of coercive and controlling behaviour.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"234 - 248"},"PeriodicalIF":1.9,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41374318","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 : 2023-01-11DOI: 10.1080/10345329.2022.2163752
Jacqueline Horan, Blake M. McKimmie
ABSTRACT Over the last two decades, there has been a massive world-wide increase in the prosecution of charges of possessing online pornography. Digital expert evidence is relied upon in such prosecutions in order to satisfy the charge element of ‘possession’. Little is known about the effectiveness of such expert evidence in proving that the defendant’s computer contained such offensive material. This article provides a qualitative analysis of how effective such expert evidence is by analysing three illustrative contemporary Australian online pornography trials where the authors interviewed some of the jurors and other trial participants about their perceptions of the digital expert evidence. We found that jurors had difficulty with the way some experts presented information rather than the complexity of the information. Practical suggestions to improve digital expert evidence are discussed, including the need for more and better use of visual aids.
{"title":"Comprehension problems that jurors encounter with expert evidence in online child pornography trials","authors":"Jacqueline Horan, Blake M. McKimmie","doi":"10.1080/10345329.2022.2163752","DOIUrl":"https://doi.org/10.1080/10345329.2022.2163752","url":null,"abstract":"ABSTRACT Over the last two decades, there has been a massive world-wide increase in the prosecution of charges of possessing online pornography. Digital expert evidence is relied upon in such prosecutions in order to satisfy the charge element of ‘possession’. Little is known about the effectiveness of such expert evidence in proving that the defendant’s computer contained such offensive material. This article provides a qualitative analysis of how effective such expert evidence is by analysing three illustrative contemporary Australian online pornography trials where the authors interviewed some of the jurors and other trial participants about their perceptions of the digital expert evidence. We found that jurors had difficulty with the way some experts presented information rather than the complexity of the information. Practical suggestions to improve digital expert evidence are discussed, including the need for more and better use of visual aids.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"249 - 268"},"PeriodicalIF":1.9,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44887346","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 : 2023-01-08DOI: 10.1080/10345329.2022.2160225
Bronwyn Arnold
ABSTRACT The law presumes that children who are sexually abused will experience long-term physical and/or psychological harm. The research suggests that child sexual abuse can cause cognitive distortions and may reduce the victim’s ability to empathise with others. Despite this, when it comes to sentencing child sexual offenders who were also victims of childhood sexual abuse, some judges impute knowledge of the victims’ harm onto the offenders. This article examines 13 sentencing remarks made in New South Wales, Tasmania and Victoria between 2005 and 2018 containing these imputations and discusses whether these statements are appropriate when considering the empirical evidence. The sentencing remarks show that the victims’ lived experiences align with the literature. This article argues that it is inappropriate for sentencing judges to impute knowledge of the victims’ harm onto offenders, and similar statements should be avoided in future.
{"title":"‘You, of all people’: the inappropriateness of imputing knowledge of victim harm onto sexually abused child sexual offenders during sentencing","authors":"Bronwyn Arnold","doi":"10.1080/10345329.2022.2160225","DOIUrl":"https://doi.org/10.1080/10345329.2022.2160225","url":null,"abstract":"ABSTRACT The law presumes that children who are sexually abused will experience long-term physical and/or psychological harm. The research suggests that child sexual abuse can cause cognitive distortions and may reduce the victim’s ability to empathise with others. Despite this, when it comes to sentencing child sexual offenders who were also victims of childhood sexual abuse, some judges impute knowledge of the victims’ harm onto the offenders. This article examines 13 sentencing remarks made in New South Wales, Tasmania and Victoria between 2005 and 2018 containing these imputations and discusses whether these statements are appropriate when considering the empirical evidence. The sentencing remarks show that the victims’ lived experiences align with the literature. This article argues that it is inappropriate for sentencing judges to impute knowledge of the victims’ harm onto offenders, and similar statements should be avoided in future.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"214 - 233"},"PeriodicalIF":1.9,"publicationDate":"2023-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45353838","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 : 2023-01-02DOI: 10.1080/10345329.2022.2161729
Andrew Dyer, A. Loughnan
: jury
:陪审团
{"title":"Introduction to special issue on criminal law","authors":"Andrew Dyer, A. Loughnan","doi":"10.1080/10345329.2022.2161729","DOIUrl":"https://doi.org/10.1080/10345329.2022.2161729","url":null,"abstract":": jury","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"1 - 3"},"PeriodicalIF":1.9,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46847662","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 : 2022-11-29DOI: 10.1080/10345329.2022.2144899
P. Crofts, Honni Van Rijswijk
ABSTRACT The concept of state-corporate crime has emerged in criminological discourse to explain the nexus of political and economic decision-making by states and corporations, and the ways this cooperation can have socially injurious impacts (Michalowski, R. J., & Kramer, R. C. [2006]. The critique of power. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime. New Brunswick: Rutgers, p. 15). This ‘cooperation’ can include corporations engaging in illegality with the tacit approval of state organisations, states failing to prevent crime, and even states colluding with corporate illegality. In this article, we use state-corporate crime theory to situate the recent wrongdoing at Crown Resorts (henceforth ‘Crown’). We explain how this wrongdoing emerged within a politico-economic environment of neo-liberalism, particularly through the recent deregulation of casinos in New South Wales (NSW). We argue that the organisational decisions within Crown that breached laws and caused harms are best understood as a case of state-corporate crime.
国家-公司犯罪的概念已经出现在犯罪学话语中，用来解释国家和公司之间的政治和经济决策关系，以及这种合作可能产生社会有害影响的方式(Michalowski, R. J， & Kramer, R. C.[2006])。对权力的批判。见R. J. Michalowski & R. C. Kramer(主编)，国有企业犯罪。New Brunswick: Rutgers，第15页)。这种“合作”可能包括企业在国家组织的默许下从事非法活动，国家未能防止犯罪，甚至国家与企业的非法行为串通。在本文中，我们使用国有企业犯罪理论来定位皇冠度假村(以下简称“皇冠”)最近的不法行为。我们解释了这种不法行为是如何在新自由主义的政治经济环境中出现的，特别是通过最近对新南威尔士州(NSW)赌场的放松管制。我们认为，Crown内部违反法律并造成损害的组织决策最好被理解为国家-企业犯罪。
{"title":"A case study of state-corporate crime: Crown Resorts","authors":"P. Crofts, Honni Van Rijswijk","doi":"10.1080/10345329.2022.2144899","DOIUrl":"https://doi.org/10.1080/10345329.2022.2144899","url":null,"abstract":"ABSTRACT The concept of state-corporate crime has emerged in criminological discourse to explain the nexus of political and economic decision-making by states and corporations, and the ways this cooperation can have socially injurious impacts (Michalowski, R. J., & Kramer, R. C. [2006]. The critique of power. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime. New Brunswick: Rutgers, p. 15). This ‘cooperation’ can include corporations engaging in illegality with the tacit approval of state organisations, states failing to prevent crime, and even states colluding with corporate illegality. In this article, we use state-corporate crime theory to situate the recent wrongdoing at Crown Resorts (henceforth ‘Crown’). We explain how this wrongdoing emerged within a politico-economic environment of neo-liberalism, particularly through the recent deregulation of casinos in New South Wales (NSW). We argue that the organisational decisions within Crown that breached laws and caused harms are best understood as a case of state-corporate crime.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"139 - 161"},"PeriodicalIF":1.9,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47195546","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 : 2022-11-10DOI: 10.1080/10345329.2022.2139892
Thomas Crofts
ABSTRACT There has been a long-standing debate throughout Australia about the age at which a child should be subjected to criminal proceedings for wrongful behaviour. In February 2019, an Attorneys-General Working Group was formed with the task of reviewing the minimum age of criminal responsibility (MACR) and making recommendations for reform across Australia. So far, no decision has been made about whether and to what age the MACR should be raised. Now individual jurisdictions are pushing for change rather than waiting for a uniform national approach. This article examines the ongoing debate in Australia and considers what reforms should be undertaken in relation to the MACR. It endorses states and territories acting individually to raise the MACR to at least 14 but preferably higher. It also proposes that if the MACR is raised only to 12 or 14 there is a need for doli incapax or some other defence for older children.
{"title":"Act now: raise the minimum age of criminal responsibility","authors":"Thomas Crofts","doi":"10.1080/10345329.2022.2139892","DOIUrl":"https://doi.org/10.1080/10345329.2022.2139892","url":null,"abstract":"ABSTRACT There has been a long-standing debate throughout Australia about the age at which a child should be subjected to criminal proceedings for wrongful behaviour. In February 2019, an Attorneys-General Working Group was formed with the task of reviewing the minimum age of criminal responsibility (MACR) and making recommendations for reform across Australia. So far, no decision has been made about whether and to what age the MACR should be raised. Now individual jurisdictions are pushing for change rather than waiting for a uniform national approach. This article examines the ongoing debate in Australia and considers what reforms should be undertaken in relation to the MACR. It endorses states and territories acting individually to raise the MACR to at least 14 but preferably higher. It also proposes that if the MACR is raised only to 12 or 14 there is a need for doli incapax or some other defence for older children.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"118 - 138"},"PeriodicalIF":1.9,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44063682","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 : 2022-11-09DOI: 10.1080/10345329.2022.2132810
E. Methven
ABSTRACT The Australian criminal justice system has witnessed a shift towards out-of-court justice in the form of police-issued penalty notices. The exercise of police discretion in such instances has largely escaped critique, in part due to insufficient executive and judicial oversight of this early stage of decision-making. This article sheds light on factors that influence police decision-making regarding whether to issue a penalty notice for suspected criminal offending. It critiques a unique dataset of interviews conducted with Western Australia police officers to inquire into how police structure their discretion around considerations that include: alleged offender characteristics and attitudes, the purposes of punishment and concerns about resourcing, efficiency and productivity. The article advances scholarly understandings of how the legal and policy structure governing police-issued penalty notices encourages police to differentiate between suitable and unsuitable candidates for fines.
{"title":"Skipping straight to the punishment: criminal infringement notices and factors that influence police discretion","authors":"E. Methven","doi":"10.1080/10345329.2022.2132810","DOIUrl":"https://doi.org/10.1080/10345329.2022.2132810","url":null,"abstract":"ABSTRACT The Australian criminal justice system has witnessed a shift towards out-of-court justice in the form of police-issued penalty notices. The exercise of police discretion in such instances has largely escaped critique, in part due to insufficient executive and judicial oversight of this early stage of decision-making. This article sheds light on factors that influence police decision-making regarding whether to issue a penalty notice for suspected criminal offending. It critiques a unique dataset of interviews conducted with Western Australia police officers to inquire into how police structure their discretion around considerations that include: alleged offender characteristics and attitudes, the purposes of punishment and concerns about resourcing, efficiency and productivity. The article advances scholarly understandings of how the legal and policy structure governing police-issued penalty notices encourages police to differentiate between suitable and unsuitable candidates for fines.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"100 - 117"},"PeriodicalIF":1.9,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45821783","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}
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