Scientific proof that humans enjoy punishing wrongdoers: The implications for punishment and sentencing

Recent developments in brain science confirm that as a race we are in fact a punitive lot. Human beings actually derive pleasure from inflicting punishment on wrongdoers. We are wired in such a way that the part of our brain that reports pleasure is activated when we punish norm violators. This is even when punishment has no tangible or demonstrable benefits. However, we are not slaves lo our emotions. Another region of our brain 'kicks-in' if punishment becomes self-defeating, in that it conflicts with our other interests. The implications of this research for punishment theory and the practice of sentencing are discussed in this paper. The findings give qualified support to the theory known as intrinsic retributivism, but do not suggest it is the soundest theory of punishment. This is because we stop punishing when it comes at a cost to us. The good feeling that punishment invokes in punishers is another consequential consideration in favour of the utilitarian theory of punishment. However, it is not clear that the utilitarian calculus is necessarily affected by the findings. The main implication of the research findings relates to the relevance of public opinion to sentencing practice. The findings support the view that public sentiment, which seems to support increasingly tougher sanctions, can be curtailed of the public are informed that punishment comes of a cost to community.

Recent indigenous theatre in Australia:the politics of autobiography

Over the past decade Australian theatre has seen an increased profile for works written and created by Indigenous artists. This paper looks at the development of Indigenous theatre in Australia and considers how increased mainstream production opportunities have facilitated this expansion of Indigenous theatre practice. Based on the textual analysis of a number of key works, this paper looks at the development of the one-person show as the dominant genre for Indigenous theatre practices, and investigates the relationship between autobiography and the celebration of ‘otherness’. This study argues that this theatre work represents a shift away from conventional representations of Aboriginality towards a more self-determined expression of political identity.

A comparison of the sources and nature of body image messages perceived by indigenous Fijian and European Australian adolescent girls

Australian and Fijian adolescent girls reported on the influence that sociocultural factors, including parents, peers, and the media, had on their body image attitudes. It was expected that messages that promote a thin body would be less prevalent among Fijians, as their cultural traditions place more importance on robust body sizes. An inductive thematic analysis of the girls’ semi-structured interviews indicated that both Fijian (n = 16) and Australian (n = 16) girls (aged 13–17) reported messages from similar sources, which included parents, siblings, and friends/peers. Australian girls consistently reported messages that reinforced thinness. On the other hand, Fijian girls reported messages that emphasized both thinness and robustness. The discussion focuses on the conflict between Western ideals and cultural Fijian traditions and the implications for culturally sensitive interventions.

Body image attitudes and concerns among indigenous Fijian and European Australian adolescent girls

Research on body image has primarily been conducted among Western women who highly value the thin ideal body size. There has been limited research that has examined body image attitudes among Fijian adolescent girls who are exposed to both traditional sociocultural pressures that promote a larger body size and Western pressures that promote slimness. Using in-depth semi-structured interviews, we examined the factors associated with body image attitudes and concerns among a sample of 16 indigenous Fijian and 16 European Australian adolescent girls aged between 13–18 years. An inductive analysis of girls’ responses indicated that both groups of girls experienced body image concerns including body dissatisfaction, a preference for thinness and concerns associated with weight gain. These findings have implications for our understanding of the role of culture in shaping body image among girls and may prove useful in the development of future survey research that can be implemented among both Fijian and Western adolescents.

Indigenous Australian accountants : why so few? A historical and cultural perspective

At a time when there is a growing call for Indigenous Australians to become self-sustainable and self-governing (Smith, 2002, Dodson & Smith, 2003, Martin, 2003) the very small number of Indigenous Australians in the accounting profession raises the question "why so few?" The number of Certified Practicing Accountants and Chartered Accountants of Australia is approximately 150,000 and to date only nine (9) qualified Indigenous Australian accountants have been located, representing 0.006%. This paper analyses the barriers faced by Indigenous Australians within the context of theories of cultral identity and colonisation of Australia. These theories are propounded as a means of exploring why there are so few Indigenous Australians represented in the accounting profession. An overview of colonial rule implemented by the British government from settlement of Australia in 1788, through to modern day Australia will be forwarded in an effort to draw out the implication of colonial rule on the development of Indigenous Australians whilst paying particular attention to the cultural identity of Indigenous Australians and the influence this has had on their career choices.

Models of understanding criminal behaviour and the sentencing process : a place for criminological theory?

The method by which a sentencing court understands the reasons for the commission of a criminal offence is crucial to the framing of the ultimate disposition imposed in all of the circumstances of the offence and the offender. Under Australian criminal law the insights of criminology are rarely. if ever. used in the discharge of the sentencing function. In particular, theories of crime causation evident in schools of criminological thought are not relied upon even though ostensibly such theories would appear to have a degree of relevance to the sentencing task. In this article, a short sketch of contemporary criminological theory is provided. This is followed by a survey of the use of criminological theory under Australian criminal law and what role, if any, it plays in contemporary  criminal justice administration. Finally, consideration is given as to whether or not criminological theory would be of assistance in the discharge of the  sentencing task in relation to not only understanding the reasons for the commission of the offence by the offender, but also in the determination of the appropriate sanction.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.

`All things to all people`: indigenous teachers in the Australian teaching profession

This paper reports on the findings of a four-year study that seeks to understand the experiences and career pathways of Indigenous teachers in Australia. We present data obtained from in-depth interviews with current and former teachers in order to provide a qualitative account of what lies behind demographic trends in Indigenous teacher recruitment and retention in Australia. The paper highlights the expectations of school and wider communities that Indigenous teachers will be 'all things to all people' and will fill a number of complex and sometimes conflicting roles within and beyond classrooms. We speculate that these expectations contribute to their decisions to resign from the school system to work elsewhere. We also introduce and problematise the notion of the Indigenous teacher as a category in the consciousness of teachers, administrators and other participants in the discourses of Australian schooling.
We conclude by arguing the need for non-Indigenous student-teachers to be better prepared to work alongside Indigenous colleagues and to take more active roles in the implementation of policy and initiatives around Indigenous education. The paper also raises implications for the recruitment and retention of Indigenous teachers.

Building audiences for Indigenous theatre : a case study of Kooemba Jdarra

This paper uses audience research data to examine the positioning of Indigenous theatre in the Australian theatre environment. Kooemba Jdarra is an Aboriginal theatre company in Brisbane, Australia, with a distinguished history of developing Aboriginal artists, writers and directors. However, it has struggled to maintain its positioning because of the perceived risks of participation by audiences who prefer to see Indigenous theatre within the program of the mainstream state theatre company. The paper concludes with strategies for decreasing risk for audiences and for greater advocacy by the company in positioning itself in the mainstream Australia theatre environment.

Addressing training needs for community care assessment in remote Indigenous communities

Access to Home and Community Care services in Australia is based on the assessed needs of individual clients, with individual Home and Community Care organisations generally being responsible for initial assessment of eligibility and need. Home and Community Care funded services are expected to operate within the agency's program guidelines and to adhere to minimum service standards. However, service delivery contexts in remote areas of Australia present particular challenges for staff in the practice of assessment and care planning. This paper discusses the findings of a project which investigated approaches to assessment of client needs in remote Home and Community Care services. Some of the challenges of providing care in remote/Indigenous contexts are discussed. The research project highlighted that there was an inadequate knowledge base to assist staff with assessment and care planning in these cross-cultural contexts; a greater focus on developing the assessment skills of staff was needed. Subsequently, an education program incorporating the International Classification of Functioning, Disability and Health was developed for Home and Community Care assessment staff in remote communities. Rather than focusing on process skills and procedures, the program was designed to equip staff with a solid and consistent conceptual framework to assist with assessment and care planning.