Transnational organised crime and the International Criminal Court developments and debates

Limitation to jurisdiction of International Criminal Court (ICC) - proposal to strengthen the universal criminalisation of transnational organised crimes by enabling them to be prosecuted through an international authority - debate on whether existing offences under the ICC Statute encompass certain transnational organised crimes - whether the Statute should be expanded to include crimes that have been recognised in international treaties.

Property crime and income generation by heroin users

This paper provides a detailed analysis of patterns of income generation among 202 active heroin users in South West Sydney. We explore both sources of income and the relative contribution of different types of income generating activities, including drug sales and related activities, property crime, prostitution, legitimate income and avoided expenditures. Despite claims that heroin use leads inevitably to property crime, drug market activities accounted for a greater proportion of drug user income in this sample. Results indicate that law enforcement crackdowns that reduce opportunities for generating income from the drug market may increase property crime by heroin users.

Transnational organised crime and international law: The Palermo Convention

The last decade has witnessed a significant growth in transnational organised crime activities. It has also seen multiple efforts by the international community to come to terms with this rise of organised crime and to work towards an international instrument to combat the activities of criminal organisations. In December 2000, the United Nations opened for signature the Convention against Transnational Organized Crime (2001), also known as the Palermo Convention, a treaty that is supplemented by three protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The conclusion of the Convention marks the end of more than eight years of consultations on a universal instrument to criminalise and counteract transnational criminal organisations. This article illustrates the developments that led to the Convention against Transnational Organized Crime and reflects on the amendments and concessions that have been made to earlier proposals during the elaboration process. This article highlights the strengths of the Convention in the areas of judicial cooperation and mutual legal assistance, and the shortcomings of the new Convention, in particular in failing to establish a universal, unequivocal definition of “transnational organized crime”.

Fear of crime in Brisbane - Individual, social and neighbourhood factors in perspective

Numerous theories apply to fear of crime and each are associated with different kinds of variables. Most studies use only one theory, though this study examines the relative importance of different kinds of variables across a number of theories. The study uses data from a survey of residents in Brisbane, Australia to examine the relative importance of individual attributes, neighbourhood disorder, social processes and neighbourhood structure in predicting fear of crime. Individual attributes and neighbourhood disorder were found to be important predictors of fear of crime, while social processes and neighbourhood structure were found to be far less important. The theoretical implications are that the vulnerability hypothesis and the incivilities thesis are most appropriate for investigating fear of crime, though social disorganization theory does provide conceptual support for the incivilities thesis. Although social processes are less important in predicting fear of crime than neighbourhood incivilities, they are still integrally related to fear of crime: they explain how incivilities arise, they buffer against fear of crime, and they are affected by fear of crime.

An overview of diversion strategies for Australian drug-related offenders

This paper provides a descriptive overview of options for diversion of drug-related offenders from the criminal justice system. Drug-related offences include drug offences (for example, possession of a prohibited substance); offences that are directly linked to intoxication (for example, drink-driving or assault); and offences committed to support drug use (for example, theft). After an offence has been detected by police, multiple opportunities for diversion occur throughout the criminal justice process. (a) Pre-arrest: when an offence is first detected, prior to a charge being laid. This is known as police diversion and includes fines, warnings and cautions, sometimes with educational information or referral to assessment and treatment. (b) Pre-trial: when a charge is made but before the matter is heard at court. Examples are treatment as a condition of bail, conferencing and prosecutor discretion. (c) Pre-sentence: a delay of sentence while assessment and treatment are sought. (d) Post-sentence: as part of sentencing, for example suspended sentences, drug courts, noncustodial sentences and circle sentencing. (e) Pre-release: prior to release from a sentence, on parole. Issues for diversion programmes include net widening, the ethics of coercion to treatment, the needs of families and intersectoral collaboration. A framework for diversion is presented in which increasingly treatment-focused and coercive diversion strategies are used as offenders' criminal careers and drug problems increase.