78 resultados para Politic-criminal obligation


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Australia has a substantial Vietnamese community, a consequence of the refugee exodus from Southeast Asia which followed the Communist victory in Vietnam in 1975. While Vietnamese Australians have contributed greatly to their host society, they are also stigmatised because of an association with the trade in illicit drugs, particularly heroin. Drug-related offending remains very high in Vietnamese Australian communities, with resultant high rates of incarceration and social exclusion. In its formative years the Vietnamese Australian community was faced with exclusion from economic and social opportunity, but was uniquely well-positioned as an ethnic enclave economy to take advantage of the growing demand for illicit drugs, especially heroin. I argue that the heroin trade had an effect analogous to ‘resource curse’, and has been a major source of continuing disadvantage and social harm to the Vietnamese Australian community.

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This collection contributes to, advances and consolidates discussions of the range of methods and approaches in criminology through the presentation of diverse international case studies in which the authors reflect upon their experiences ...

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 Australian Criminal Law in the Common Law Jurisdictions is a clear and comprehensive introduction to the fundamentals of criminal law. Updated throughout to reflect recent cases and legislation, the fourth edition combines clear case extracts with incisive author commentary and discussion.

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The potential for criminals and terrorism financiers to secure lucrativegovernment contracts poses a risk to Australia’s anti-money laundering,anti-corruption and counter-terrorism financing objectives. This articlecompares the customer due diligence measures that banks are required to implement to prevent money laundering and terrorism financing with the general supplier due diligence practices and processes of key Australian government departments and agencies. It identifies various weaknesses in current procurement practices relating to standard contracts and argues that these render Australian public procurement vulnerable to criminal abuse, threaten compliance with its sanctions regime and potentially undermine the crime combating objectives of its money laundering and terrorism financinglaws. The article recommends that the national interest calls for awhole-of-government approach to improve supplier due diligence in public procurement.

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Background : Violence risk assessment in schizophrenia relies heavily on criminal history factors.

Aims : To investigate which criminal history factors are most strongly associated with violent crime in schizophrenia.

Method : A total of 13 806 individuals (8891 men and 4915 women) with two or more hospital admissions for schizophrenia were followed up for violent convictions. Multivariate hazard ratios for 15 criminal history factors included in different risk assessment tools were calculated. The incremental predictive validity of these factors was estimated using tests of discrimination, calibration and reclassification.

Results : Over a mean follow-up of 12.0 years, 17.3% of men (n = 1535) and 5.7% of women (n = 281) were convicted of a violent offence. Criminal history factors most strongly associated with subsequent violence for both men and women were a previous conviction for a violent offence; for assault, illegal threats and/or intimidation; and imprisonment. However, only a previous conviction for a violent offence was associated with incremental predictive validity in both genders following adjustment for young age and comorbid substance use disorder.

Conclusions : Clinical and actuarial approaches to assess violence risk can be improved if included risk factors are tested using multiple measures of performance.

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 The thesis explored child sexual abuse in the criminal justice system and how victim age predicted case outcomes, including disclosures, charges and convictions. The findings highlighted that adolescent victims may experience unique challenges. Further, the relationships between victim age, case characteristics and evidence are crucial to explaining case outcomes.

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Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).

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Let me begin this commentary by suggesting that many of the ideas contained in this special issue will be important to the future of correctional psychology. Although each of the authors offer different perspectives on the role that the criminal justice system has to play in the process of desistance from crime, they all identify the importance of a valueoriented analysis to effective offender rehabilitation. Their focus is on promoting desistance at all points of the justice process; from how the legal system can promote therapeutic outcomes through to the provision of post-release support services and the need for community engagement. By approaching the tasks of both rehabilitation and reintegration from a values perspective, they have been able to identify a range of novel and innovative approaches that have the potential to make a real difference. Even more encouragingly, these draw on resources that may already be available to correctional psychologists and yet are often underutilized. In addition, the confidence, and indeed the optimism, expressed in these articles provides a refreshing counter to suggestions that contemporary correctional practice has become pre-occupied with the need to “manage” offenders and for professionals to focus on fulfilling their administrative obligations (see Hardy, 2014).

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Australian Aboriginal Traditional Owner ancestral responsibilities to Country involves listening and exercising vested responsibilities and duties of care, passed down from generation to generation through clan and familial connections. Traditional Owners is a term used to describe today’s descendants of the original Aboriginal inhabitants and have ongoing cultural and spiritual connections to land and water where their ancestors lived. The incorporation of Traditional Owner relationships to Country and the need to engage with Traditional Owners in Western planning regimes are often expressed positively; that Aboriginal needs and aspirations need to be recognized in the urban landscape. However in practice, decisions involving the address of Aboriginal aspirations are usually made in a generic context rather than a Country and knowledge specific context. This can have adverse effects on obligations to Country stewardship, and Custodial perceptions are being ignored and negated. Improving our understanding of how Traditional ancestral obligations to Country are expressed and embodied within the context of generic Western planning instruments, is critical as cities expand and increase the pressures and threats on Traditional Owners Country, their resources, their cultural heritage, their knowledge and their histories. This paper contributes to this understanding by focusing upon Traditional Owner communities in the Brisbane metropolitan region who are attempting to address their responsibility to Country through Western State and local planning instruments. This paper draws on empirical data collected through interviews and observations between 2013-2015 with the Quandamooka communities and a content analysis of current planning instruments. The paper reports on their obligations of and to Country and the consequences that engagement within Western planning instruments has had upon their Traditional Ownership well-being and landscape health. Lessons learned from this case study are discussed to offer future planning policy initiatives that could better meet the needs of Traditional Owners in Australian cities.