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.

Applications of cognitive theories to children's fire safety education

Children under five have the highest rate of fire-related accidents (Australian Institute of Health and Welfare, 2001). It is therefore essential to develop effective fire safety education programs to prevent casualties due to a fire. At present, there are fire education programs conducted across Australia for primary school children. However, it is vital that these programs get their message across to the children in the most efficient manner to help children retain the information. The present study evaluated the effectiveness of the 'Fire Ed' program conducted in Victoria and assessed the retention of fire safety information in children in preparatory and Grade five levels. The findings suggest that the information is not retained over long periods of time. Suggestions are made to provide fire safety education in line with
theories of cognitive development to make it more effective.

Abstracts of the Inaugural Australian Conference for Cognitive Neuropsychology and Cognitive Neuropsychiatry

The first Australian Conference for Cognitive Neuropsychology and Cognitive Neuropsychiatry was conducted by the School of Psychology at Deakin University, Geelong, from Friday, July 13 to Sunday, July 15 and was attended by over 50 cognitive psychologists, neuropsychologists and speech pathologists from Australia, New Zealand, Singapore and the UK. The Conference aimed to bring together researchers from different disciplines including linguistics, psychology, philosophy and speech pathology to present research that relates (neuropsychological or psychiatric) impairment to theories of normal cognitive functioning. The scientific program of the conference included 24 papers of exceptional quality. They were organised into the following thematic sessions: Disorders of language comprehension and production; Semantic memory and category-specific disorders; Reading: development and acquired dyslexia; Writing: development and acquired dyslexia; Memory; Object and face recognition; Theory of mind; Misidentification syndromes. Keynote speakers were Professor Andy Young from the University of York, England and Professor Max Coltheart from the Macquarie Centre for Cognitive Sciences, Sydney.

Situationist outdoor education in the country of lost children

This thesis is a study of outdoor education, in the deliberative tradition of curriculum inquiry. It examines the intentional generation and distribution of knowledge, beliefs, and attitudes through organised outdoor activities, both as a research interest, and as a critical perspective on outdoor education discourse. Eight separate but interrelated research projects, originally published in 11 refereed journal articles, develop and defend the thesis statement: The problem of determining what, if any, forms of outdoor experience should be educational priorities, and how those experiences should be distributed in communities and geographically – that is who goes where and does what – is inherently situational. The persistence of a universalist outdoor education discourse that fails to acknowledge or adequately account for social and geographic circumstances points to serious flaws in outdoor education research and theory, and impedes the development of more defensible outdoor education practices. The introduction explains how the eight projects cohere, and illustrates how they may be linked using the example of militaristic thinking in outdoor safety standards. Chapters 1 and 2 defend and elaborate a situationist approach to outdoor education, using the examples of outdoor education in Victoria (Australia), and universalist approaches to outdoor education in textbooks respectively. Chapters 3 and 4 expand on some epistemological implications of the thesis and examine, respectively, the cultural dimensions of outdoor experience, and the epistemology and ontology of local natural history. Chapters 5 and 6 apply a situationist epistemology to personal development based outdoor education. Traditions of outdoor education that draw on person-centred rather than situation-sensitive theories of behaviour are examined and critiqued. Alternatives to person-centred theories of outdoor education are discussed. Chapters 7 and 8 use situationist outdoor education to provide a critical reading of nature-based tourism. Chapters 9, 10, and 11 return to the theme of safety in the introduction and Chapter 1, and examine the safety implications of a situationist epistemology. Closing comments briefly draw together the conclusions of all of the chapters, and offer some directions for future outdoor education research.

Action research of cyclonic transactions in online management education

The aim of the research was to generate a cyclonic model for understanding the influences and processes of continuously improving management education in an environment rich in online learning technologies. The research questions were:
1. What is the nature of the cyclonic interactions observed in the transactions of a team of online management educators?
2. How might an understanding of cyclonic interactions
a. help refine action research, and
b. generate rich insight for online management education?
The methodology was an action research project. The research team worked in an online Master of Business Administration (MBA) to continuously develop teaching practice in one unit of the MBA. The methodology matched the objectives of the project, and the appropriate rigour associated with qualitative, interpretive research. The results showed that theories of systems and relational dynamics, adapted to hermeneutics and aligned with other learning theories, can be framed by the metaphor of a cyclone to conduct research into teaching practice and build upon the theory base in the field of online education.
Online management education is subject to reinterpretations. The cyclonic framework explains some of the changes. The project showed that a chaotic but organised cyclonic program development process in one particular MBA course was informative for and informed by the chaotic and cyclonic globalized business world. For the education of managers the cyclonic view was relevant. The approach was metaphorical and, therefore, opened new ways of seeing and speaking. Findings pertained to the nature of the cyclonic interactions, how an understanding of cyclonic interactions helped to refine action research, and how an understanding of cyclonic interactions helped generate rich insight for online management education.
It was found that it was the asymmetrical impetus of imperfection that created the examples of cyclonic learning spirals formed as double feedback loops for improved understanding. Online education in the action research required cyclical enhancement of connectedness by teachers, stronger emphasis on relational considerations in learning, and heightened expectations of collaboration by educators. It became possible to correlate earlier conceptions of action research with cyclonic categories and analyse the parallels with events in this action research project. Models were developed and presented to explain 3 cyclonic connections with hermeneutics, collaborative teaching, online resource
development, and the environment of online management.

Crime risks of three-dimensional virtual environments

Three-dimensional virtual environments (3dves) are the new generation of digital multi-user social networking platforms. Their immersive character allows users to create a digital humanised representation or avatar, enabling a degree of virtual interaction not possible through conventional text-based internet technologies. As recent international experience demonstrates, in addition to the conventional range of cybercrimes (including economic fraud, the dissemination of child pornography and copyright violations), the 'virtual-reality' promoted by 3dves is the source of great speculation and concern over a range of specific and emerging forms of crime and harm to users. This paper provides some examples of the types of harm currently emerging in 3dves and suggests internal regulation by user groups, terms of service, or end-user licensing agreements, possibly linked to real-world criminological principles. This paper also provides some directions for future research aimed at understanding the role of Australian criminal law and the justice system more broadly in this emerging field.

What is crime? Who is the criminal?

The term "crime" is often "taken-for-granted" and poorly defined in contemporary Australian and International research. There is also considerable debate amongst scholars working in different theoretical tranditions about the appropriate definition of crime. This reflects broader public division about the types of behaviour or people that are classed as criminal.

Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism

In recent decades, a disturbing trend has emerged in Victoria and elsewhere that has witnessed the emergence of statutory rules that accord preferential treatment to prosecutors and complainants in instances where allegations of rape are made. This article examines not only the manifestations of such treatment in the form of Victorian crime legislation, but the means by which the statutory crime of rape in Victoria has been transformed into an offence which, though technically one of mens rea, can effectively be prosecuted as an offence of absolute liability. The piece concludes with a discussion of the likely reasons for this trend as well as the implications of allowing such a serious offence to be prosecuted as one of absolute liability.

Alcohol-related crime in city entertainment precincts: Public perception and experience of alcohol-related crime and support for strategies to reduce such crime

INTRODUCTION AND AIMS: Bars, pubs and taverns in cities are often concentrated in entertainment precincts that are associated with higher rates of alcohol-related crime. This study assessed public perception and experiences of such crime in two city entertainment precincts, and support for alcohol-related crime reduction strategies. DESIGN AND METHODS: A cross-sectional household telephone survey in two Australian regions assessed: perception and experiences of crime; support for crime reduction strategies; and differences in such perceptions and support. RESULTS: Six hundred ninety-four people completed the survey (32%). Most agreed that alcohol was a problem in their entertainment precinct (90%) with violence the most common alcohol-related problem reported (97%). Almost all crime reduction strategies were supported by more than 50% of participants, including visitors to the entertainment precincts, with the latter being slightly less likely to support earlier closing and restrictions on premises density. Participants in one region were more likely to support earlier closing and lock-out times. Those at-risk of acute alcohol harm were less likely to support more restrictive policies. DISCUSSION AND CONCLUSIONS: High levels of community concern and support for alcohol harm-reduction strategies, including restrictive strategies, provide policy makers with a basis for implementing evidence-based strategies to reduce such harms in city entertainment precincts. [Tindall J, Groombridge D, Wiggers J, Gillham K, Palmer D, Clinton-McHarg T, Lecathelinais C, Miller P. Alcohol-related crime in city entertainment precincts: Public perception and experience of alcohol-related crime and support for strategies to reduce such crime. Drug Alcohol Rev 2015].

Radicalisation theories, policing practices, and “the future of terrorism?”

This article explores how theories of radicalisation have placed an emphasis on the development of an indicators-based approach to identify individuals who might engage in politically motivated violence. We trace how policing agencies have juxtaposed the search for indicators as a defence against criticisms of racial profiling. However, through an analysis of Canadian counter-terrorism training programmes, we demonstrate that the search for radicalisation indicators reaffirms pre-emptive and discriminatory security practices. We insist that despite efforts to theorise radicalisation outside of the practices of the “war on terror”, current trends risk rationalising prejudicial policing that affirms social exclusion and injustice.

`I feel enlightened now, but...`: the limits to the pedagogic translation of critical social discourses in physical education

The emancipatory goal that underpins critical theories of teaching and learning is built on a theory of rational self-determination. In the context of physical education, critical educators believe that through a process of enlightenment teachers can recognize and transform elements of injustice and inequality that exist, albeit unwittingly, in their practice. However, despite the broad appeal of this orientation there are relatively few empirical accounts of how theories of enlightenment manifest themselves in the practice of emancipation. Propelled by the lacuna that clearly exists between critical theory and critical practice, this paper reports on the introduction of critical social discourses to a preservice PE program. It uses a case study methodology to report on two student-teachers' engagement with a range of critical social discourses during a year-long PE unit. The paper discusses some of the ways these students engaged with the theory and practice of a critical orientation for teaching and learning in physical education. Aspects of their experiences are then interpreted through Fay's (1987) critical but postmodern "limits to change" thesis. The paper concludes with tempered optimism about the potential for critical social discourses to guide preservice teachers in practical ways.

Quo iure? Defendants' liability to rescuers in the tort of negligence

The year 2001 marks the 80th anniversary of Cardozo J's judgment in Wagner v International Railway Co 232 NY 176 (1921). This article examines theoretical and procedural problems associated with the concept of duty of care as a foundation for the defendant's liability in negligence to altruistic rescuers, and suggests that Cardozo J's judgment did not establish the principle that defendants owe rescuers a duty of care in negligence. It is argued that subsequent judgments failed to provide the duty of care owed to rescuers under tortious negligence with proper jurisprudential foundations. Conceptual difficulties inherent in a jurisprudential principle that would provide physically injured rescuers with a legal right to a duty of care from the defendant under the tort of negligence were compounded once compensation for negligently occasioned pure emotional distress became available. This article analyses various theories of recovery for pure psychiatric injury and the classification of rescuers into primary and secondary victims. It proposes a solution in the form of a separate cause of action on the case for liability to injured rescuers, partly based on the principle of necessity that governs the Roman action for negotiorum gestio. Cases from the United States, England and Australia are used to illustrate the similarities and differences in the development of and approaches to, the law of rescue.

Grassroots energy: a case study of active citizenship and public communication in risk society

In 2001, the Victorian state government approved the construction of a 500-megawatt power station at Stonehaven by US multinational corporation, AES Power One. In 2002 plans had stalled and the company had withdrawn from the process. By March, 2002 the state government flagged that the power station was no longer required to meet power supply demands. This paper applies Beck’s theories of risk society and reflexive modernisation to a case study. It asks to what extent is Australia a risk society? Is the Stonehaven case part of a larger-scale cultural and political movement and if so what are the consequences for corporate and civil citizenship and public communication in Australia?

Expanding criminal sanctions for corporate crimes-deprivation of right to work and cancellation of education qualifications

Fines are the standard sanctions employed by most Western countries when a corporation has been convicted of a crime. However, some offences committed by corporations are too serious to be dealt with by way of a fine. There is a need to consider other sanctions that can be invoked in order to deter corporate crime. In this article, it is suggested that the focus should be on criminal sanctions against the natural persons who can potentially commit crimes on behalf of a corporation. New sentencing options against those who can potentially commit crimes on behalf of a corporation should include the annulment or suspension of an offender's academic  qualifications and the making of orders preventing an offender from working or being enrolled in an educational or vocational pursuit.

Reflexive modernity and the art of public communication

In 2000, Victoria’s largest regional council, the City of Greater Geelong, allocated $200,000 to fund a community art and place-making project in inner Geelong West. The Walk West project was conceptualised and lobbied by a community group for six years. The project addressed the impact of a large section of freeway installed in the seventies and its consequences for quality of life in the locality.

This article reports on an example of highly developed community relations. It examines public art and placemaking as public communication tools and their relationship to political and social activity in post-amalgamation Victoria. In particular it applies the theories of Ulrich Beck and the notion of reflexive modernity in risk society where citizens’ initiative groups will play an increasingly important role in reclaiming the biological and cultural heritage lost as a result of ‘progress’.