Bail and remand for young people in Australia : a national research project

Funded and endorsed by the Australasian Juvenile Justice Administrators, this is one of the first national scale research reports into the bail and remand practices for young Australians. A young person can be placed in custody on remand (ie refused bail) after being arrested by police in relation to a suspected criminal offence, before entering a plea, while awaiting trial, during trial or awaiting sentence. Although custodial remand plays an important role in Western criminal justice systems, minimising the unnecessary use of remand is important given the obligations Australia has under several UN instruments to use, as a last resort, youth detention of any kind. This research identifies trends in the use of custodial remand and explores the factors that influence its use for young people nationally and in each of Australia’s jurisdictions.

Submission to the inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system

Introduction • The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and justice. • The Institute seeks to promote justice and reduce crime by undertaking and communicating evidence-based research to inform policy and practice. • The AIC is governed by the Criminology Research Act and has been in operation since 1973. • The AIC is pleased to have the opportunity to contribute to the Committee's Inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system. • There is a great deal of evidence to demonstrate that Indigenous young people are significantly over-represented at every stage of the criminal justice system in Australia.

Prison rates, social democracy, neoliberalism and justice reinvestment

This chapter will begin with a brief summary of some recent research in the field of comparative penology. This work will be examined to explore the benefits, difficulties and limits of attempting to link criminal justice issues to types of advanced democratic polities, with particular emphasis on political economies. This stream of comparative penology examines data such as imprisonment rates and levels of punitiveness in different countries, before drawing conclusions based on the patterns which seem to emerge. Foremost among these is that the high imprisoning countries tend to be the advanced western liberal democracies which have gone furthest in adopting neoliberal economic and social policies, as against the lower imprisonment rates of social democracies, which variably have attempted to temper free-market economic policies in various ways. Such work brings both social democracy and neoliberalism into focus as issues for, or subjects of, criminology. Not in the sense of new ‘brands’ of criminology but rather as an examination of the connections between the political projects of social democracy and neoliberalism, and issues of crime and criminal justice. In the new comparative penology, social democracy and neoliberalism are cast in opposition, simultaneously raising the questions of to what extent and how adequately both social democracy and neoliberalism have been constituted as subjects in criminology and whether dichotomy is the only available trope of analysis?

Royal Commissions and Criminal Justice : Behind the Ideal

Royal commissions are approached not as exercises in legitimation and closure but as sites of struggle that are heavily traversed by power holders yet are open to the voices of alternative and unofficial social groups, social movements, and individuals. Three case studies are discussed that highlight the hegemony of the legal methodology and discourse that dominate many inquiries. The first case, involving a single-case miscarriage inquiry, involves a man who was accused, convicted, and served a prison sentence for the murder of his wife. Nineteen years following the murder another man confessed to the crime. The official inquiry found that nothing had gone wrong in the criminal justice process; it had operated as it should. Thus, in the face of evidence that the criminal justice process may be flawed, the discursive strategy became one of silence; no explanation was offered except for the declaration that nothing had gone wrong. The fallibility of the criminal justice system was thus hidden from public view. The second case study examines the Wood Royal Commission into corruption charges within the NSW Police Service. The royal commission revealed a bevy of police misconduct offenses including process corruption, improper associations, theft, and substance abuse, among others. The author discusses the ways in which the other criminal justice players, the judiciary and prosecuting attorneys, emerge only briefly as potential ethical agents in relation to police misconduct and corruption and then abruptly disappear again. Yet, these other players are absolved of any responsibility for police misconduct. The third case study involves a spin-off inquiry into the facts surrounding the Leigh Leigh rape and murder case. This case illustrates how official inquires can seek to exclude non-traditional viewpoints and methodologies; in this case, the views of a feminist criminologist. The third case also illustrates how the adversarial process within the legal system allows those with power to subjugate the viewpoints of others through the legitimate use of cross-examination. These three case studies reveal how official inquiries tend to speak from an “idealized conception of justice” and downplay any viewpoint that questions this idealized version of the truth.

Modes of criminal justice, indigenous youth and social democracy

The political question of how the will of a community is to be democratically formed and adhered to, the question of social democracy, is normatively tied to the mode of criminal justice employed within that democratic public sphere. Liberal, republican, procedural and communitarian forms of democratic will-formation respectively reflect retributive,restorative, procedural and co-operative modes of criminal justice. After first elaborating these links through the critical response of republican and procedural theories of democracy to the liberal practice of democratic will-formation and its retributive mode of justice, our discussion considers the recent practice of restorative and procedural justice with respect to Indigenous youth; and this in the context of a severely diminished role for Indigenous justice agencies in the public sphere. In light of certain shortcomings in both the restorative and procedural modes of justice, and so too with republican and procedural understandings of the democratic public sphere, we turn to a discussion of procedural communitarianism, anchored as it is in Dewey’s notion of social co-operation. From here we attempt a brief formulation of what a socially co-operative mode of justice might consist of; a mode of justice where historically racial and economically coercive injustices are sufficiently recognised.

Key Concepts in Crime and Society

This book is an introduction to key issues in the area of crime as it connects to society. The book is divided into three parts: Understanding Crime and Criminality: introduces topics such as the social construction of crime and deviance, social control, the fear of crime, poverty and exclusion, white collar crime, victims of crime, race/gender and crime. Types of Crime and Criminality: explores examples including human trafficking, sex work, drug crime, environmental crime, cyber crime, war crime, terrorism, and interpersonal violence. Responses to Crime: looks at areas such as crime and the media, policing, moral panics, deterrence, prisons and rehabilitation.

Demographics and discharge outcomes of dysvascular and non-vascular lower limb amputees at a subacute rehabilitation unit: A 7-year series

Objective To examine personal and social demographics, and rehabilitation discharge outcomes of dysvascular and non-vascular lower limb amputees. Methods In total, 425 lower limb amputation inpatient rehabilitation admissions (335 individuals) from 2005 to 2011 were examined. Admission and discharge descriptive statistics (frequency, percentages) were calculated and compared by aetiology. Results Participants were male (74%), aged 65 years (s.d. 14), born in Australia (72%), had predominantly dysvascular aetiology (80%) and a median length of stay 48 days (interquartile range (IQR): 25–76). Following amputation, 56% received prostheses for mobility, 21% (n = 89) changed residence and 28% (n = 116) required community services. Dysvascular amputees were older (mean 67 years, s.d. 12 vs 54 years, s.d. 16; P < 0.001) and recorded lower functional independence measure – motor scores at admission (z = 3.61, P < 0.001) and discharge (z = 4.52, P < 0.001). More nonvascular amputees worked before amputation (43% vs 11%; P < 0.001), were prescribed a prosthesis by discharge (73% vs 52%; P < 0.001) and had a shorter length of stay (7 days, 95% confidence interval: –3 to 17), although this was not statistically significant. Conclusions Differences exist in social and demographic outcomes between dysvascular and non-vascular lower limb amputees.

Deliverable 2: Literature review on effectiveness of alcohol treatment and determining rehabilitation. Report to Austroads (SS1755)

Austroads called for responses to a tender to investigate options for rehabilitation in alcohol interlock programs. Following successful application by the Centre for Accident Research and Road Safety – Queensland (CARRS-Q), a program of work was developed. The project has four objectives: 1. Develop a matrix outlining existing policies in national and international jurisdictions with respect to treatment and rehabilitation programs and criteria for eligibility for interlock removal; 2. Critically review the available literature with a focus on evaluation outcomes regarding the effectiveness of treatment and rehabilitation programs; 3. Analyse and assess the strengths and weaknesses of the programs/approaches identified, and; 4. Outline options with an evidence base for consideration by licensing authorities.

The rise and fall of Rentboy.com

Earlier this week, the New York Police Department in partnership with Homeland Security arrested seven people and seized a number of documents pertaining to the website Rentboy.com. Although the website purports to help men connect for companionship only, authorities allege that it has been used to “facilitate the promotion, management, establishment, and carrying on of an unlawful activity, namely an enterprise involving prostitution”. Unlike Australia, which started the decriminalisation of sex work as early as 1979, sex work is illegal across all of the USA, save a few counties in Nevada where it is subject to heavy regulation. The raid on Rentboy.com raises important questions about sex work, including its visibility, consumer demand for such services, and the ongoing marginalisation of those who buy and sell sexual services...

Drink driver rehabilitation and new developments

Drink driving continues to be a major public health concern. Significant reductions in road fatalities have been achieved due largely to the Safe Systems Approach to road safety. However, serious injury due to road trauma has increased in most Australian jurisdictions. Some subgroups of drink drivers such as young drivers and Indigenous drink drivers are vulnerable to road trauma and have been less responsive to countermeasures based on the deterrence philosophy. Drink driving rehabilitation programs that use a combination of deterrence, education and social control models have been moderately successful in reducing recidivism. However, most of these programs do not adequately address alcohol related health concerns or the needs of drink drivers in remote and rural areas. Scant attention has also been given to the use of brief online drink driving interventions. The ‘Under the Limit’ (UTL) drink driving rehabilitation program has recently been revised to ensure that its content is contemporary, relevant and evidenced based. CARRS-Q has also developed a brief online program that targets first time convicted drink drivers who have a BAC under 0.15g/100mL and a culturally sensitive program that targets Aboriginals and Torres Strait Islanders living in rural and remote areas. These new developments will be discussed in the context of the most effective road safety educational policy and practice.

Land grabs, bio-piracy and the inversion of justice in Colombia

The possibility of commercially exploiting plant, animal and human genetic resources unlocked by biotechnology has given rise to a wide range of cultural, environmental, ethical and economic conflicts. While supporters describe this activity as bioprospecting, critics refer to it as biopiracy. According to this latter view, international legal agreements and treaties have disregarded opposition and legalized the possibility of appropriating genetic resources and their derivative products through the use of patents. The legal framework that permits the appropriation of natural genetic products in Colombia also criminalizes aspects of traditional ways of life and enables a legally approved but socially harmful land-grabbing process. The article describes these processes and impact in terms of the inversion of justice and the erosion of environmental sustainability.

The experiences of teacher aides who support students with disabilities and learning difficulties : a phenomenological study

Schools in Queensland, Australia, are undergoing inclusive education reform, following the report of the Ministerial Taskforce on Inclusive Education (Students with Disabilities) in 2004. The State government’s responses to the taskforce report emphasise a commitment to social justice and equity so that all students can be included in ways that enable them to achieve their potential. Teacher aides are employed in schools as ancillary staff to support students with disabilities and learning difficulties. Their support roles in schools are emerging within an educational context in which assumptions about disability, difference and inclusion of students with disabilities and learning difficulties are changing. It is important to acknowledge teacher aides as support practitioners, and to understand their roles in relation to the inclusion of students with disabilities and learning difficulties as inclusive education reform continues. This study used a phenomenological approach to explore the lived experiences of teacher aides as they supported students with disabilities and learning difficulties in primary schools. Four key insights into the support roles of teacher aides in primary schools in Brisbane, Queensland emerged from the study: 1) teacher aides develop empathetic relationships with students that contribute significantly to the students’ sense of belonging within school communities; 2) lack of clear definition of roles and responsibilities for teacher aides has detrimental effects on inclusion of students; 3) collaborative planning and implementation of classroom learning and socialisation programs enhances inclusion; and 4) teacher aides learn about supporting students while on-the-job, and in consultation and collaboration with other members of the students’ support networks.

Inhibiting outrage: tactics and counter-tactics in legal cases of sexual harassment

Sexual harassment can be conceptualised as an interaction between harassers and targets. Utilising 23 detailed legal transcripts, this study explored evidence of a range of perpetrator tactics and target counter-tactics. These tactics can be readily fitted into the backfire framework, which proposes that powerful perpetrators of perceived unjust acts are likely to cover up the actions, devalue the target, reinterpret the events, use official channels to give an appearance of justice, and intimidate or bribe people involved. Targets can respond using counter-tactics of exposure, validation, reframing, mobilisation of support, and resistance. The findings have implications for raising awareness of harassing tactics and recommendations for effective informal responses in organisations.