Just deserts in a post-colonial society : problems in the punishment of indigenous offenders

An enduring aspect of the operation of the criminal justice system in Australia has been the disproportionate representation of indigenous persons. Under current sentencing principles, aboriginality can be taken into account as a factor in mitigation because of the nature of social and economic disadvantage suffered by indigenous communities. It is contended that such an approach is inadequate as it fails to comprehend the reasons for that disadvantage. In short, the effects of colonialism and dispossession. An account of punishment will be developed that colonialism and dispossession cannot be omitted from any satisfactory account of the theory and history of punishment of indigenous persons. By relying on the notion of ‘just deserts’ an account of punishment will be proposed that extends the categories currently put forward to justify punishing indigenous persons. Traditional, philosophical accounts of punishment and insights from critical race theory will both be used in an attempt to articulate what ‘just deserts’ means in the context of a post-colonial society.

Evidence of panel stationarity from Chinese provincial and regional income

The aim of this paper is to examine whether Chinese provincial and regional real GDP and per capita real GDP are panel stationary for the period 1952–2003. We allow for multiple structural breaks based on a technique developed by Carrion-i-Silvestre et al. [Carrion-i-Silvestre, J. L., Barrio-Castro, T, D., & Lopez-Bazo, E. (2005). Breaking the panels: An application to the GDP per capita. Econometrics Journal, 8, 159–175]. Allowing for at most five structural breaks, we find that for 67% of the provinces, per capita real GDP is stationary; while we only find stationarity of real GDP for 17% of the provinces. However, when we extend the analysis to panel data models, we find statistically strong evidence of panel stationarity of Chinese provincial and regional income.

Is Asian per capita GDP panel stationary?

The goal of this paper is to examine whether per capita GDP for 15 Asian countries is panel stationary. We apply a panel test for stationarity that allows for multiple structural breaks developed by Carrion-i-Silvestre et al. (Econ J 8: 159–179, 2005). Our main findings are: (1) when we apply conventional tests, such as the ADF and KPSS univariate tests without structural breaks, we find little evidence for stationarity; (2) when we apply the KPSS univariate test with multiple structural breaks, we find evidence of stationarity for 10 out of 15 countries; and (3) when we apply the KPSS panel test with multiple structural breaks, we find overwhelming evidence of panel stationarity of per capita real GDP for different panels of Asian countries.

Are shocks to national income persistent? New global evidence

Purpose – This paper aims to investigate the integrational properties of real GDP for 125 countries
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Design/methodology/approach – The paper applies the Kwiatkowski et al. univariate test and a KPSS-type univariate test that accounts for multiple structural breaks – a test procedure proposed by Carrion-i-Silvestre et al. The panel versions of the KPSS-type test, proposed by Carrion-i-Silvestre et al. with and without structural breaks, are also applied.

Findings – The paper finds that, while univariate tests with and without structural breaks provide mixed results on persistence, the panel test suggests that shocks to national output are persistent.

Originality/value – This is a multi-country study that focuses on both developed and developing countries and uses more recent data to provide new and comparable evidence on the persistence of output.

Sentencing in Australia

Sentencing in Australia provides an up-to-date explanation of sentencing law and practice in all nine Australian jurisdictions.

Sentencing is the area of law which consumes most court of appeal work and this title satisfies the need for a thorough and coherent treatment of this complex subject, which involves a wide range of complex and interacting factors.

In this new work, lawyer and academic Mirko Bagaric and barrister Richard Edney consider the law across Australia. They examine existing practice and provide extensive analysis of the objectives of sentencing, in the form of incapacitation, deterrence, rehabilitation and proportionality.

The work systematically and comprehensively covers key mitigating and aggravating factors and the considerations which strongly influence sentencing determinations.

Response of inflation to shocks: new evidence from Sub-Saharan African countries

In this paper, we investigate whether or not the inflation rate of 17 Sub-Saharan African countries can be modelled as a stationary process. We achieve this goal through using univariate and panel stationarity tests for data over the period 1966 to 2002. We use the Kwiatkowski, Phillips, Schmidt and Shin (KPSS, 1992) univariate test and allow for multiple structural breaks. We find that except for Burkina Faso, Burundi and Gambia, the inflation rate is stationary for the rest of the 14 countries. We then apply the panel version of the KPSS test, developed by Carrion-i-Silvestre et al. (2005), which accounts for multiple structural breaks. We find strong evidence of panel stationarity of the inflation rate. However, for a panel consisting of Burkina Faso, Burundi and Gambia, we could not find evidence that the inflation rate is stationary. © 2013 Elsevier B.V.

(Particularly) Burdensome prison time should reduce imprisonment length — and not merely in theory

Imprisonment is the harshest sanction in our system of law. It is a sanction that isincreasingly imposed by the courts. The severity of imprisonment as a sanction stemsprincipally from the considerable restrictions it imposes on an individual’s liberty.However, the deprivation experienced by a prisoner can vary considerably, depending onthe strictness of the prison regime in which the prisoner is confined and his or her state ofhealth. Prisoners subjected to non-mainstream conditions almost invariably suffer morethan those in normal conditions. There is no settled approach regarding the extent towhich prison conditions should impact on the length of a prison term. The jurisprudencein this area is inconsistent. It is particularly unsettled when the additional burden stemsfrom subjective matters relating to an accused, such as ill health. In this article we makerecommendations regarding the manner in which prison conditions should impact on thelength of a prison term. The main recommendation is that prisoners who spend time inparticularly burdensome conditions should have their sentence reduced by a factor of0.5 days for each day spent in such conditions. In this article we also recommend thatAustralia should adopt a model similar to those which exist in some Scandinaviancountries, whereby the only deprivation stemming from imprisonment is the loss ofliberty. This would mean that few prisoners would ever be subjected to particularlyburdensome conditions. This would make many of the recommendations in this paperobsolete. However, there is no evidence that Australian prison conditions are about tofundamentally alter. Hence, the recommendations will remain pragmatically relevant inthe foreseeable future.

Resolving future fire management conflicts using multicriteria decision making

Management strategies to reduce the risks to human life and property from wildfire commonly involve burning native vegetation. However, planned burning can conflict with other societal objectives such as human health and biodiversity conservation. These conflicts are likely to intensify as fire regimes change under future climates and as growing human populations encroach farther into fire-prone ecosystems. Decisions about managing fire risks are therefore complex and warrant more sophisticated approaches than are typically used. We applied a multicriteria decision making approach (MCDA) with the potential to improve fire management outcomes to the case of a highly populated, biodiverse, and flammable wildland-urban interface. We considered the effects of 22 planned burning options on 8 objectives: house protection, maximizing water quality, minimizing carbon emissions and impacts on human health, and minimizing declines of 5 distinct species types. The MCDA identified a small number of management options (burning forest adjacent to houses) that performed well for most objectives, but not for one species type (arboreal mammal) or for water quality. Although MCDA made the conflict between objectives explicit, resolution of the problem depended on the weighting assigned to each objective. Additive weighting of criteria traded off the arboreal mammal and water quality objectives for other objectives. Multiplicative weighting identified scenarios that avoided poor outcomes for any objective, which is important for avoiding potentially irreversible biodiversity losses. To distinguish reliably among management options, future work should focus on reducing uncertainty in outcomes across a range of objectives. Considering management actions that have more predictable outcomes than landscape fuel management will be important. We found that, where data were adequate, an MCDA can support decision making in the complex and often conflicted area of fire management.