Indigenous family violence : an attempt to understand the problems and inform appropriate and effective responses to criminal justice system intervention

Whilst high levels of concern about the prevalence of family violence within Indigenous communities have long been expressed, progress in the development of evidence-based intervention programs for known perpetrators has been slow. This review of the literature aims to provide a resource for practitioners who work in this area, and a framework from within which culturally specific violence prevention programs can be developed and delivered. It is suggested that effective responses to Indigenous family violence need to be informed by culturally informed models of violence, and that significant work is needed to develop interventions that successfully manage the risk of perpetrators of family violence committing further offences.

Morals, rights and practice in the human services : effective and fair decision-making in health, social care and criminal justice

Provides a synthesis of human rights theory and human services practice and offers a rights based model to aid professional decision making and practice.

Elements of psychological maturity and its influence on antisocial and criminal behavior

Insights from developmental psychology provide a useful perspective from which to understand why young people might engage in higher levels of antisocial behavior than adults. They can also be useful in term of highlighting which aspects of development result in young people making less mature judgments. Yet despite this extensive body of knowledge, there is no psychological or legal definition of maturity that can be applied to legal decision making. Within a criminal context, investigations of adolescent immaturity have emphasized cognitive factors, influenced by the informed consent model which places a premium on factors such as “knowledge” and “competence”, with an emphasis on cognitive functioning (e.g., thinking, reasoning, and understanding). This approach has been criticized for failing to adequately illustrate differences between adolescent and adult decision making. This paper reviews the notion of psychological maturity and comments on the importance of a broader assessment that includes psychosocial factors in the face of a growing trend in many jurisdictions to transfer juvenile offenders to the adult jurisdiction based on the severity of crime committed rather than their level of culpability.

Mental health, criminal justice and culture : some ways forward?

Objective: This paper aims to offer an overview of the mental health needs of Indigenous men and women in the criminal justice system and how Indigenous cultural perspectives on mental health might infl uence forensic mental health service provision.
Conclusion: There is a need for both mental health and criminal justice agencies to collaborate more closely in developing new models of service provision that incorporate Indigenous perspectives on social and emotional wellbeing, recognize culturally specifi c mental health risk and protective factors in relation to prevention, early intervention and treatment, and take advantage of the opportunities for treatment that arise in the context of criminal justice system intervention.

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.

The capacity of criminal sanctions to shape the behaviour of offenders : specific deterrence doesn’t work, rehabilitation might and the implications for sentencing

There is a considerable gap between the law and knowledge regarding the efficacy of state-imposed sanctions to achieve several key sentencing objectives. Two sentencing objectives which often carry considerable weight in the sentencing calculus are rehabilitation and specific deterrence, despite the fact that neither has been proven to be attainable. This article examines the empirical data on whether specific deterrence and rehabilitation are attainable, and consequently whether they should be retained or abolished as sentencing objectives.

'Without fists' : age-mixing and its influence on safety and criminal contamination in women's prisons

Prisons are often considered to be places where violence and intimidation prevail, and where young prisoners are at risk of victimisation from adult prisoners. For this reason, youth in custody are housed separately from adult offenders in most Western jurisdictions. In New Zealand, for a variety of reasons, a separate facility for young women in custody is not provided as it is for young men. Therefore, researchers were able to conduct a study to investigate the experience of age-mixing from the point of view of young women in custody. Dominant notions of what constitutes contamination and who perpetrates violence in the custodial setting have been challenged as a result of analysis of this data. In fact, young women who were age-mixed in custody asserted that age-mixing has the effect of decreasing the degree and impact of the prevailing violent culture.