Ableist necropolitics can be seen no more starkly than in news portrayals of the murders of disabled people by family or caregivers. When such murders are reported in the news, disabled people as full subjects fade away, portrayed as objects of care and suffering; their murders are routinely presented as an understandable if tragic response by ‘overwhelmed’ carers. This article examines Australian news reporting on four cases of family murder–suicide involving disabled victims to explore news framings of violence as violence. We situate these representations within a spectrum of connected and overlapping ableist violence and conceptualise the harms they can produce and sanction. We argue that news portrayals of homicides involving disabled victims not only are frequently ableist and legitimising but also constitute a form of ableist epistemic violence that scaffolds ontological, structural and direct violence against disabled people.
{"title":"Representations of Violence, Representations as Violence: When the News Reports on Homicides of Disabled People","authors":"Denise Buiten, Raffaella Cresciani","doi":"10.5204/ijcjsd.2720","DOIUrl":"https://doi.org/10.5204/ijcjsd.2720","url":null,"abstract":"Ableist necropolitics can be seen no more starkly than in news portrayals of the murders of disabled people by family or caregivers. When such murders are reported in the news, disabled people as full subjects fade away, portrayed as objects of care and suffering; their murders are routinely presented as an understandable if tragic response by ‘overwhelmed’ carers. This article examines Australian news reporting on four cases of family murder–suicide involving disabled victims to explore news framings of violence as violence. We situate these representations within a spectrum of connected and overlapping ableist violence and conceptualise the harms they can produce and sanction. We argue that news portrayals of homicides involving disabled victims not only are frequently ableist and legitimising but also constitute a form of ableist epistemic violence that scaffolds ontological, structural and direct violence against disabled people.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85536390","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}
This article will examine whether the category of religiously motivated terrorism serves justice in Australia, first considering its lawfulness from a human rights perspective and, secondly, examining its operation in the courtroom. Judicial comment in two cases, the subject of national media attention and complaints to the (New South Wales) NSW Judicial Commission, were used as a basis. This article finds that efforts to establish a ‘religious cause’ were stifled by complexity and ambiguity about the difference between Islamic adherence and violent extremism. Bias-prone assumptions had observable implications for the judicial assessment of the defendant’s culpability and rehabilitation prospects. Moreover, judicial reasoning seemed to overlook evidence of an intent to coerce the government or intimidate the public, treating religious beliefs and motives as a vehicle to establish intent. The article concludes that judicial education could help. Still, those measures would not fix the core of the problem. By removing the motive element, the issues would be avoided while focusing attention on the remaining intention elements. An alternative option is to remove ‘religious cause’ so that terrorism cases must demonstrate ‘ideological or political cause’, encouraging more precise and comparable reasoning across offending contexts.
{"title":"Religion as a Motive – Does Australian Terrorism Law Serve Justice?","authors":"Rita Jabri Markwell","doi":"10.5204/ijcjsd.2686","DOIUrl":"https://doi.org/10.5204/ijcjsd.2686","url":null,"abstract":"This article will examine whether the category of religiously motivated terrorism serves justice in Australia, first considering its lawfulness from a human rights perspective and, secondly, examining its operation in the courtroom. Judicial comment in two cases, the subject of national media attention and complaints to the (New South Wales) NSW Judicial Commission, were used as a basis. This article finds that efforts to establish a ‘religious cause’ were stifled by complexity and ambiguity about the difference between Islamic adherence and violent extremism. Bias-prone assumptions had observable implications for the judicial assessment of the defendant’s culpability and rehabilitation prospects. Moreover, judicial reasoning seemed to overlook evidence of an intent to coerce the government or intimidate the public, treating religious beliefs and motives as a vehicle to establish intent. The article concludes that judicial education could help. Still, those measures would not fix the core of the problem. By removing the motive element, the issues would be avoided while focusing attention on the remaining intention elements. An alternative option is to remove ‘religious cause’ so that terrorism cases must demonstrate ‘ideological or political cause’, encouraging more precise and comparable reasoning across offending contexts.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78921421","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}
Questions concerning (nonhuman) animal rights have been increasingly addressed within the criminological literature due to growing interest in green criminology. Often within criminology, animal rights issues have been primarily addressed from philosophical standpoints, which omit how animal rights are addressed in more concrete terms through the legal system. This philosophical orientation toward animal rights, while important, has led to a neglect of the ways in which animal rights might be promoted through legal means. This article addresses that latter point by exploring the use of writs of habeas corpus for animals promoted by Steven Wise and the Nonhuman Rights Project (NhRP) in the US. Much of the NhRP’s efforts have been devoted to nonhuman primates, and consistent with that approach, this assessment focuses attention on legal efforts to protect nonhuman primates’ rights. In addition to NhRP efforts, other possibilities for using the law to obtain rights for animals in the US are examined. While this article focuses on circumstances in the US, several nations employ such writs or similar legal mechanisms.
{"title":"Writs of Habeas Corpus for Nonhuman Primates in the United States and the Nonhuman Rights Project: Legal Processes and Arguments Used to Secure Nonhuman Animal Rights","authors":"M. Lynch","doi":"10.5204/ijcjsd.2598","DOIUrl":"https://doi.org/10.5204/ijcjsd.2598","url":null,"abstract":"Questions concerning (nonhuman) animal rights have been increasingly addressed within the criminological literature due to growing interest in green criminology. Often within criminology, animal rights issues have been primarily addressed from philosophical standpoints, which omit how animal rights are addressed in more concrete terms through the legal system. This philosophical orientation toward animal rights, while important, has led to a neglect of the ways in which animal rights might be promoted through legal means. This article addresses that latter point by exploring the use of writs of habeas corpus for animals promoted by Steven Wise and the Nonhuman Rights Project (NhRP) in the US. Much of the NhRP’s efforts have been devoted to nonhuman primates, and consistent with that approach, this assessment focuses attention on legal efforts to protect nonhuman primates’ rights. In addition to NhRP efforts, other possibilities for using the law to obtain rights for animals in the US are examined. While this article focuses on circumstances in the US, several nations employ such writs or similar legal mechanisms.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72884921","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}
Avi Brisman reviews Hysteria: Crime, Media, and Politics by Marc Schuilenburg (translated by Vivian D Glass)
阿维·布里斯曼评论马克·舒伦伯格的《歇斯底里:犯罪、媒体与政治》(维维安·D·格拉斯译)
{"title":"Marc Schuilenburg (2021) Hysteria: Crime, Media, and Politics. Vivien D. Glass, trans. Abingdon, Oxon, UK, and New York: Routledge.","authors":"Avi Brisman","doi":"10.5204/ijcjsd.2747","DOIUrl":"https://doi.org/10.5204/ijcjsd.2747","url":null,"abstract":"Avi Brisman reviews Hysteria: Crime, Media, and Politics by Marc Schuilenburg (translated by Vivian D Glass)","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89727597","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}
Victoria Nagy reviews Infanticide: Expert Evidence and Testimony in Child Murder Cases, 1688-1955 by Rachel Dixon.
维多利亚·纳吉评论了雷切尔·迪克森的《杀婴:1688-1955年儿童谋杀案中的专家证据和证词》。
{"title":"Rachel Dixon (2022) Infanticide: Expert Evidence and Testimony in Child Murder Cases, 1688-1955. London: Routledge","authors":"V. Nagy","doi":"10.5204/ijcjsd.2824","DOIUrl":"https://doi.org/10.5204/ijcjsd.2824","url":null,"abstract":"Victoria Nagy reviews Infanticide: Expert Evidence and Testimony in Child Murder Cases, 1688-1955 by Rachel Dixon.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79706707","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}
This paper makes a call for a critical historical criminology of the antipodean and the Global South. It makes a preliminary argument for a critical historical criminology that is against method and in favour of political alliances with critical perspectives that can enrich historico‑criminological understandings in an antipodean and Southern context. In particular, this paper explores the potential for a politico-academic alliance between critical historical criminology and postcolonial studies, Southern theory and Indigenous research. Such politico-academic alliances reveal that critical historical criminology is best understood as a negation of both criminology and history and that historical criminology does not have to be understood as a new sub-discipline and academic specialism at the intersection of history and criminology. On the contrary, this paper argues that historical criminology can be approached as a critical attempt to ‘unthink the social sciences’ and to ‘de-discipline ourselves’.
{"title":"Critical Historical Criminology in the Antipodean: Unthinking History and Criminology in the Global South","authors":"Roberto Catello","doi":"10.5204/ijcjsd.2742","DOIUrl":"https://doi.org/10.5204/ijcjsd.2742","url":null,"abstract":"This paper makes a call for a critical historical criminology of the antipodean and the Global South. It makes a preliminary argument for a critical historical criminology that is against method and in favour of political alliances with critical perspectives that can enrich historico‑criminological understandings in an antipodean and Southern context. In particular, this paper explores the potential for a politico-academic alliance between critical historical criminology and postcolonial studies, Southern theory and Indigenous research. Such politico-academic alliances reveal that critical historical criminology is best understood as a negation of both criminology and history and that historical criminology does not have to be understood as a new sub-discipline and academic specialism at the intersection of history and criminology. On the contrary, this paper argues that historical criminology can be approached as a critical attempt to ‘unthink the social sciences’ and to ‘de-discipline ourselves’.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77222549","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}
The time has never been more appropriate than now for a discussion about the integration of history and criminology in Australia and New Zealand. Throughout 2020 and 2021, the people of both countries were subject to extraordinary government interventions into their daily lives to control the spread of the novel coronavirus. Given a respiratory pandemic of the same scale had not occurred for 100 years, we watched in real time as policymakers fumbled for guidance for the benefits and likely social consequences of imposing police-enforced legal restrictions on otherwise normal behaviours like freedom of movement and gathering with friends. Whether these were ultimately the correct decisions for controlling the disease is perhaps a question for others. Indeed, analysis of the interactions between the public and the state have always been the purview of criminologists and historians, yet we ceded this ground to epidemiologists who have little expertise in key issues of criminalisation and offending, or justice and policing, which are central to any system of state control.
{"title":"Historical Criminology: Australian and New Zealand Perspectives","authors":"V. Nagy, Tom Kehoe","doi":"10.5204/ijcjsd.2777","DOIUrl":"https://doi.org/10.5204/ijcjsd.2777","url":null,"abstract":"The time has never been more appropriate than now for a discussion about the integration of history and criminology in Australia and New Zealand. Throughout 2020 and 2021, the people of both countries were subject to extraordinary government interventions into their daily lives to control the spread of the novel coronavirus. Given a respiratory pandemic of the same scale had not occurred for 100 years, we watched in real time as policymakers fumbled for guidance for the benefits and likely social consequences of imposing police-enforced legal restrictions on otherwise normal behaviours like freedom of movement and gathering with friends. Whether these were ultimately the correct decisions for controlling the disease is perhaps a question for others. Indeed, analysis of the interactions between the public and the state have always been the purview of criminologists and historians, yet we ceded this ground to epidemiologists who have little expertise in key issues of criminalisation and offending, or justice and policing, which are central to any system of state control.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89395678","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}
This paper explores the lives of convict women transported to Van Diemen’s Land (Tasmania) in the 1800’s, with the aim to better understand the process of desistance and reintegration for contemporary female offenders. Through an analysis of the penal systems which operated during the era of transportation, this research draws on historiography to highlight the importance of understanding the past in order to inform the future. This critical reflection on the history-criminology nexus reveals the impact that societal attitudes and social context have on criminal justice practice and policy, and ultimately an ex-offender’s chances of becoming a valued member of their community. Select transcripts of the lives of 1800’s convicts are used to humanise the statistics; statistics which suggest shared experiences of trauma across both cohorts of women despite 175 years of separation between them.
{"title":"Convict(ed) Women—Then and Now: Lessons of History for Today","authors":"Jessica Smith, Robert O. White","doi":"10.5204/ijcjsd.2765","DOIUrl":"https://doi.org/10.5204/ijcjsd.2765","url":null,"abstract":"This paper explores the lives of convict women transported to Van Diemen’s Land (Tasmania) in the 1800’s, with the aim to better understand the process of desistance and reintegration for contemporary female offenders. Through an analysis of the penal systems which operated during the era of transportation, this research draws on historiography to highlight the importance of understanding the past in order to inform the future. This critical reflection on the history-criminology nexus reveals the impact that societal attitudes and social context have on criminal justice practice and policy, and ultimately an ex-offender’s chances of becoming a valued member of their community. Select transcripts of the lives of 1800’s convicts are used to humanise the statistics; statistics which suggest shared experiences of trauma across both cohorts of women despite 175 years of separation between them.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85727901","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}
Crime history was a pioneer in the digital arena, democratising access to the past by engaging large public and academic audiences with primary datasets online. This article traces the evolution of digital crime history from 2003 to 2021 in the United Kingdom and Australia. It charts a shift from catering to a passive audience towards projects that actively engage public audiences through crowdsourced transcriptions, interactive data visualisations and other aural, visual and multimedia forms. It has never been easier to access these nations’ criminal pasts online, but we must pause to reflect on what the aims of public engagement are. What kinds of digital public pedagogy do we want to build, and how can they be critical, reflective and widely representative? We conclude by considering the challenges to this endeavour, including what roles academics and commercial gatekeepers might play, the effects of the COVID-19 pandemic and the uneven geographies of digitisation within the Southern Hemisphere.
{"title":"Digital Crime Histories and Developing a Public Pedagogy of Criminal Justice","authors":"A. Piper, Katherine Roscoe","doi":"10.5204/ijcjsd.2744","DOIUrl":"https://doi.org/10.5204/ijcjsd.2744","url":null,"abstract":"Crime history was a pioneer in the digital arena, democratising access to the past by engaging large public and academic audiences with primary datasets online. This article traces the evolution of digital crime history from 2003 to 2021 in the United Kingdom and Australia. It charts a shift from catering to a passive audience towards projects that actively engage public audiences through crowdsourced transcriptions, interactive data visualisations and other aural, visual and multimedia forms. It has never been easier to access these nations’ criminal pasts online, but we must pause to reflect on what the aims of public engagement are. What kinds of digital public pedagogy do we want to build, and how can they be critical, reflective and widely representative? We conclude by considering the challenges to this endeavour, including what roles academics and commercial gatekeepers might play, the effects of the COVID-19 pandemic and the uneven geographies of digitisation within the Southern Hemisphere.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82803040","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}
Historically, establishing a judicial commission in response to allegations of police corruption has been a regular method used by Australian governments. In Queensland alone, no less than five major inquiries with a remit to examine police corruption took place during the 27 years between 1963 and 1989. By using historical criminology, it is possible to unpack the cyclical need for such commissions as well as the reasons that most were unable to realise their goal to stamp out corruption in the public service and, more specifically, the police. This research reveals several key areas of weakness in the temporary inquiry system, including narrow terms of reference and the potential for obstruction in the investigatory process. Based on this, this article identifies several viable policy proposals centred on a renewed commitment to standing anti‑corruption bodies, separate from politics and with a broad remit to investigate police misconduct.
{"title":"Methods of Inquiry: Police Corruption, Historical Anti-Corruption Experiences and Implications for Contemporary Practices","authors":"P. Bleakley","doi":"10.5204/ijcjsd.2745","DOIUrl":"https://doi.org/10.5204/ijcjsd.2745","url":null,"abstract":"Historically, establishing a judicial commission in response to allegations of police corruption has been a regular method used by Australian governments. In Queensland alone, no less than five major inquiries with a remit to examine police corruption took place during the 27 years between 1963 and 1989. By using historical criminology, it is possible to unpack the cyclical need for such commissions as well as the reasons that most were unable to realise their goal to stamp out corruption in the public service and, more specifically, the police. This research reveals several key areas of weakness in the temporary inquiry system, including narrow terms of reference and the potential for obstruction in the investigatory process. Based on this, this article identifies several viable policy proposals centred on a renewed commitment to standing anti‑corruption bodies, separate from politics and with a broad remit to investigate police misconduct.","PeriodicalId":51781,"journal":{"name":"International Journal for Crime Justice and Social Democracy","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83475600","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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