Being and Living in an Australian Urban Community

There is a limited evidence base which highlights the plight of Australian Aboriginal and Torres Strait Islander populations living in urban areas and the issues that impact on Indigenous achievements in education, health status, housing needs, rates of incarceration and the struggle for cultural recognition. This is despite over 70 % of all Aboriginal and Torres Strait Islander people in Australia now living in urban or regional urban areas (ABS 2008). The statistics demonstrate that living in urban centres is as much part of reality for Australian Aboriginal and Torres Strait Islander people as living in a remote discrete community. Using the capital city of Brisbane, Queensland as a case study, this paper will explore some of the issues that Aboriginal and Torres Strait Islander peoples face against a backdrop of the statistics and some of the current literature. It will additionally explore why there has been limited research with Aboriginal and Torres Strait Islander populations in urban areas and highlight some of the innovative research taking place which will begin to redress this gap. The research issues presented within this paper will resonate with some of the Native American and Indigenous movement patterns and associated issues additionally occurring in the United States of America, Canada and New Zealand.

Sex and sentencing disparity in South Australia’s higher courts

In Australia, studies examining sex differences in sentencing are limited. Using data from South Australia’s higher courts, this article explores a study on the impact of sex on the decision to imprison and the length of imprisonment. After adjusting for past and current criminality, results showed that men were significantly more likely than women to be sentenced to a term of imprisonment and that when sentence length was decided, men received longer periods of incarceration. Furthermore, the study’s results suggest that different factors may be important in determining sentencing outcomes for women and men.

Alternatives to youth imprisonment : evaluating the Victorian youth attendance order

On 22 June 1988 the then Minister for Community Services Victoria, Race Matthews, officially launched the Youth Attendance Order (YAO), a high tariff alternative for young offenders aged between 15 and 18 years who were facing a term of detention. Throughout the order's gestation, much debate occurred about the impact it would have on rates of juvenile incarceration as well as about the potential ‘net widening’ effect it could have on less serious offenders. In May 1994 the National Centre For Socio-Legal Studies at La Trobe University submitted its report evaluating the Victorian Youth Attendance Order. This article presents some of the major findings of that report and examines the future options for this high tariff order in juvenile justice

Indigeneity and the likelihood of imprisonment in Queensland’s adult and children’s courts

Australian research on Indigenous sentencing disparities of the standard of international work is somewhat recent. Contrary to expectations based on international research, Australian studies generally have not found Indigenous offenders to be treated substantively more harshly than non-Indigenous offenders in similar circumstances. However, this research has primarily focused on adult higher courts, with little attention to lower courts and children’s courts. In this article, we examine whether Indigeneity has a direct impact on the judicial decision to incarcerate for three courts (adult higher, adult lower, children’s higher court) in Queensland. We found no significant differences in the likelihood of a sentence of incarceration in the higher courts (adult and children’s). In contrast, in the lower courts, Indigenous defendants were more likely to be imprisoned than non-Indigenous defendants when sentenced under statistically similar circumstances.

Women as victims and offenders : incarcerated for murder in the Australian criminal justice system

This study was undertaken in an effort to contribute to the limited knowledge of women who commit murder. Women account for approximately 10% of the total Australian homicides and according to Mouzos (2000), 20% of these female perpetrated homicides result in murder convictions. In her extensive study of female homicide offending in England, Brookman (2005) asserts that nearly two thirds of the victims of women who kill are intimates, to include violent partners and their own children. The other third of the victims consist largely of acquaintances and to lesser degree strangers (Brookman, 2005). This study strives to introduce further knowledge regarding women convicted of murder; the smaller subgroup of female homicide offenders of which less is known. It is comprised of women who killed intimates and non-intimates to include acquaintances. The study engages the narratives of seven women, all of whom were convicted of murder and serving lengthy sentences at the Dame Phyllis Frost Centre, a medium and maximum security prison that is located on the outskirts of Melbourne, Australia. The seven women fall largely outside of the characteristics of female homicide offenders as revealed in the studies from Australia’s National Homicide Monitoring Program (NHMP, 2007), from Canada by Hoffmann, Lavigne, and Dickie (1998) and research from the United States by Scott and Davies (2002). In this study there were no Indigenous women represented. Only one of the women had a previous criminal charge. The women were older on average than the prevailing demographics from western nations. Two of the women had substance abuse and co-occurring mental illness, which reflects a significant lower rate than the literature suggests. This study expands the current understanding of the phenomenon of women who murder. It communicates the narratives of seven women charged and convicted of murder as they attempt to understand their lives and identities. It moves the dialogue beyond the preponderance of feminist criminological research that examines motive and the relationship the woman has with her victim to the social discourses which dominate in her identity formation. This research found that in their attempt to create a favourable identity the women needed to engage with the master script of normative femininity through the feminisation of victimisation, motherhood and domesticity.

Food policy, dietary intakes and chronic disease in prisons

International research on prisoners demonstrates poor health outcomes, including chronic disease, with the overall burden to the community high. Prisoners are predominantly male and young. In Australia, the average incarceration length is 3 years, sufficient to impact long term health, including nutrition. Food in prisons is highly controlled, yet gaps exist in policy. In most Western countries prisons promote healthy foods, often incongruent with prisoner expectations or wants. Few studies have been conducted on dietary intakes during incarceration in relation to food policy. In this study detailed diet histories were collected on 120/945 men (mean age = 32 years), in a high-secure prison. Intakes were verified via individual purchase records, mealtime observations, and audits of food preparation, purchasing and holdings. Physical measurements (including fasting bloods) were taken and medical records reviewed. Results showed the standard food provided consistent with current dietary guidelines, however limited in menu choice. Diet histories revealed self-funded foods contributing 1–63% of energy (mean = 30%), 0–83% sugar (mean = 38%), 1–77% saturated fats (mean = 31%) and 1–59% sodium (mean = 23%). High levels of modification to food provided was found using minimal cooking amenities and inclusion of self-funded foods and/or foods retained from previous meals. Medical records and physical measurements confirmed markers of chronic disease. This study highlights the need to establish clear guidelines on all food available in prisons if chronic disease risk reduction is a goal. This study has also supported evidenced based food and nutrition policy including menu choice, food quality, quantity and safety as well as type and access to self-funded foods.

Review : "The Jammed" -- Dee McLachlan

Synopsis and review of Australian crime film The Jammed (Dee McLachlan, 2007). Includes cast and credits. One of the strengths of Dee McLachlan’s shocking and moving film is the extensive research undertaken in pre-production, which grounds the film in a reality of which many Australians are unaware. The film opens with a caption stating that it was inspired by court transcripts, and closes with an intertitle stating that in 2001 and 2002, two sex trafficked victims died in Villawood Detention Centre. The film makes it clear that human trafficking and the coercion of women into prostitution are as much problems in Australia as anywhere; Project Respect, an organisation that acts on behalf of trafficked sex workers, has estimated that about 1000 women are illegally brought to Australia to work as prostitutes each year. The film’s title is taken from the term used by support workers to describe how the women are ‘jammed’ between their captors and the authorities; their illegal status and often heavy endebtedness, coupled with their innate fear of authority figures and the captors threats to their families back home, deter them from escaping or going to the police. The latter course of action may only lead to incarceration and deportation, as it does for Crystal in The Jammed. They are also deterred from speaking out by the implied (and often real) collusion between the traffickers and the authorities. While she is held in an apartment shortly after she arrives in Australia, Crystal threatens to call the police, only to be told by her captor ‘My best friend is the police’...

Contemporary comment : is it time for Australia to adopt Circles of Support and Accountability (COSA)?

Circles of Support and Accountability (COSA) - an innovative process for reintegrating child sex offenders into the community after a period of incarceration - have not yet been firmly established in any Australian jurisdiction. This is the case despite their widespread use in Canada, the United Kingdom. and parts of the United States of America, and despite a growing body of research evidence that demonstrates their efficacy in reducing recidivism among child sex offenders. This Contemporary Comment outlines the emergence of COSA and the existing evidence in support of COSA. It argues that COSA should be piloted in Australia.

It's just an old apron : aprons, artefacts and art - representations of personal and private 'her-stories', as public histories

This paper examines art and artefact in the representation and recollection of deeply personal WWII women’s experiences as POW’s under the Japanese. This kind of treatment of internees in the Tjideng Women and Children’s internment camp (and others) in Batavia under the Japanese in WWII, stands in stark and brutal contrast to the idyllic life lived by many families up to that time in what was then known as the Dutch East Indies (Indonesia). The deprivation and brutality of the Japanese incarceration of these women and children evoked responses - not military, but certainly militant, if muted. Representations of those responses – as both art and artefact - may be found in the most unlikely places and unexpected forms - and are still being unearthed to this day. However close we might personally be to these artists and artisans, can we, as observers from a distance, ever truly comprehend through spoken or written words alone, the day-today realities of those extraordinary times?

The promise of justice reinvestment

Abstract: This article examines the notion and practice of Justice Reinvestment (‘JR’), an emerging approach addressing the high social and economic costs of soaring incarceration rates. JR invests in public safety by reallocating dollars from corrections budgets to finance education, housing, healthcare, and jobs in high-crime communities. Key distinguishing features of JR (including justice and asset mapping, budgetary devolution and localism, and the desirability of bipartisanship) are briefly outlined, followed by discussion of its recent emergence and application in the United States, and to a lesser extent in the United Kingdom. The prospects for the adoption of JR approaches in Australia are then considered, with particular reference to the high imprisonment rates of Indigenous people. If JR is to be promoted in the Australian context it is important that it be subject to critical scrutiny and therefore some of the key problems are briefly outlined, before a conclusion which emphasizes the potential benefits of JR.

The subject and architecture

Invited Presentation on my book Architecture for a Free Subjectivity. In March of 1982, Skyline, the Institute for Architecture and Urban Studies serial, published the landmark interview between Paul Rabinow, an American anthropologist, and Michel Foucault, which would only appear two years later under the title “Space, Knowledge, and Power,” in Rabinow’s edited book The Foucault Reader. Foucault said that in the spatialization of knowledge and power beginning in the 18th century, architecture is not a signifier or metaphor for power, it is rather the “technique for practising social organization.” The role of the IAUS in the architectural dissemination of Foucault’s ideas on the subject and space in the North American academy – such as the concept “heterotopia,” and Foucault’s writing on surveillance and Jeremy Bentham’s Panopticon, subsequently analysed by Georges Teyssot, who was teaching at the Venice School – is well known. Teyssot’s work is part of the historical canalization of Foucauldianism, and French subjectivity more broadly, along its dizzying path, via Italy, to American architecture schools, where it solidified in the 1980s paradigm that would come to be known as American architecture theory. Foucault was already writing on incarceration and prisons, from the 1970s. (In the 1975 lectures he said “architecture was responsible for the invention of madness.”) But this work was not properly incorporated into architectural discussion until the early ’80s. What is not immediately apparent, what this history suggests to me is that subjectivity was not a marginal topic within “theory”, but was perhaps a platform and entry point for architecture theory. One of the ideas that I’m working on is that “theory” can be viewed, historically, as the making of architectural subjectivity, something that can be traced back to the Frankfurt School critique which begins with the modern subject...

‘Structuring’ judicial sentencing discretion : consistency, guidance or pandering to the punitive?

Until quite recently, most Australian jurisdictions gave statutory force to the principle of imprisonment as a sanction of last resort, reflecting its status as the most punitive sentencing option open to the court.1 That principle gave primary discretion as to whether incarceration was the most appropriate means of achieving the purpose of a sentence to the sentencing court, which received all of the information relevant to the offence, the offender and any victim(s). The disestablishment of this principle is symptomatic of an increasing erosion of judicial discretion with respect to sentencing, which appears to be resulting in some extremely punitive consequences.

Urban Aboriginal and Torres Strait Islander children's exposure to stressful events : a cross sectional study

Objectives To determine the frequency and types of stressful events experienced by urban Aboriginal and Torres Strait Islander children, and to explore the relationship between these experiences and the children’s physical health and parental concerns about their behaviour and learning ability. Design, setting and participants Cross-sectional study of Aboriginal and Torres Strait Islander children aged ≤ 14 years presenting to an urban Indigenous primary health care service in Brisbane for annual child health checks between March 2007 and March 2010. Main outcome measures Parental or carer report of stressful events ever occurring in the family that may have affected the child. Results Of 344 participating children, 175 (51%) had experienced at least one stressful event. Reported events included the death of a family member or close friend (40; 23%), parental divorce or separation (28; 16%), witness to violence or abuse (20; 11%), or incarceration of a family member (7; 4%). These children were more likely to have parents or carers concerned about their behaviour (P < 0.001) and to have a history of ear (P < 0.001) or skin (P = 0.003) infections. Conclusions Children who had experienced stressful events had poorer physical health and more parental concern about behavioural issues than those who had not. Parental disclosure in the primary health care setting of stressful events that have affected the child necessitates appropriate medical, psychological or social interventions to ameliorate both the immediate and potential lifelong negative impact. However, treating the impact of stressful events is insufficient without dealing with the broader political and societal issues that result in a clustering of stressful events in the Aboriginal and Torres Strait Islander population.

Vulnerability criminalised: Transgender people in prisons

Purpose of this paper: International research identifies transgender people as a vulnerable group in prison systems, with basic needs often being denied. This paper outlines Australian contexts of incarceration, and links between institutional responses and the vulnerabilisation of transgender prisoners. Design/methodology/approach: The paper critically analyses Australian prison policies regarding the treatment of transgender prisoners. Findings: The policy analysis illustrates the links between institutional practices and the increased vulnerability of transgender prisoners. The paper argues that policies further criminalise, and potentially doubly punish, transgender prisoners. Research limitations/implications: This paper analyses the publicly available policies on regulating transgender people’s imprisonment. Given the limited Australian research into transgender prisoner’s lived experiences, there is a gap in relation to policies, their perception, and how corrective services personnel enact the limited procedures available to them in managing transgender prisoners. Practical Implications: Current policies and practices significantly enhance the vulnerability of transgender prisoners. This policy analysis highlights the critical importance of policy and practice reform in relation to housing, safety, health and welfare services, and misgendering. What is the original/value of paper: The policy analysis provides practitioners with an outline of critical issues that arise when transgender people are imprisoned and suggests key areas for future research.