Female university students' perceptions of a sexual assault when victim and perpetrator gender are varied

This study examines the general impressions and blame attributions of Trinidadian university students in cases of sexual assault. Participants were 132 female students from the University of the West Indies, Faculty of Social Sciences. Each respondent read one of four sexual assault scenarios, in which victim and perpetrator gender were varied. Participants' impressions of the incident, opinions about each party's behaviour, blame attributions, attitudes about reporting the incident to the police, desired outcome, and their reasons for these were then assessed. Consistent with Burt's rape myth theory, the qualitative and quantitative results showed a tendency for participants to attribute an internal locus of control to female victims, and to blame them more than males. Although same sex events evoked significantly more emotional and disgust-related reactions, these reactions did not translate into different seriousness scores, or different ideas about whether the victim should report the incident to the police. Although respondents showed an ability to separate their initial reactions from their attitudes about the legal status of the event, many of the response patterns indicated gender role biases on the part of these future professionals.

Sentencing pathways for offenders in Victoria : clinical influences and considerations

This portfolio aims to review aspects of the sentencing of violent offenders under Victoria's criminal justice system. Focuses on a critique of current legislation, the way the rights of special needs offenders are acknowledged and enshrined in law, how these provisions are expressed in practice, and the clinical factors that contribute to, and influence, the dispositions individuals receive.

Female-perpetrated child sexual abuse

Research has shown that female-perpetrated child sexual abuse is under-recognised. Three studies were undertaken concerning victims' experiences, professional perspectives and court sentencing transcripts. These studies found that victim impact was significant; professionals considered the phenomenon less serious than male sexual offending; and that female sexual offenders were dealt with less harshly than male offenders within the criminal justice system. The portfolio examines four case studies concerning adult females who have reported a history of child sexual abuse within the context of a dual-diagnosis counselling agency and investigates both psychological and behavioural difficulties revealed by each of the young women.

Brief anger interventions with offenders may be ineffective : a replication and extension

Anger-management interventions are widely delivered in the criminal justice and forensic mental health systems. Whilst previous research has generally supported the thesis that anger management is an effective intervention for anger problems in general there remains a need to determine its effectiveness with offender populations. This paper reports the results of a controlled outcome study of a 20 h anger-management program offered to offenders. Those receiving treatment showed improvements in their knowledge about anger, but showed little change on measures of anger and anger expression when compared to waiting-list controls. Scores on measures of treatment readiness and level of need for treatment were however, correlated with post-treatment improvement. These findings are discussed in terms of their implications for the assessment and selection of appropriate participants for offender anger-management programs.

Mindfulness in forensic mental health : does it have a role?

Treatment and rehabilitation in forensic settings have been largely based on cognitive behavioural models and therapies. In the past decade, “third wave” approaches have developed in cognitive behavioural therapy, strongly influenced by spiritual and contemplative traditions such as Buddhism. Mindfulness is the most analysed and researched of such approaches. In this paper, we ask whether mindfulness is relevant to therapeutic work with offenders in forensic mental health and criminal justice services. We review the known criminogenic and other needs of offender groups and discuss whether the psychological processes affected by mindfulness are relevant to reducing risk, alleviating distress and facilitating coping. We conclude that they are. Finally, we address some of the problems that may arise in implementing mindfulness interventions in forensic settings.

Good lives model applied to a forensic population

According to the good lives model (GLM) all human beings seek primary goods (i.e., activities or experiences that benefit them) and offending reflects attempts to pursue these goods in ways that are unacceptable to society and damaging to the individual and others. The aim of this article was to explore how the GLM can be developed for use with a forensic population, a heterogeneous group of individuals whose common feature is the interface of the criminal justice and mental health systems. The conceptual, clinical and philosophical implications of using the good lives model of forensic mental health (GLM-FM) are explored. Three case studies are used to illustrate the ways in which the enriched model can provide a holistic approach to conceptualizing offending that occurs in the context of mental illness and in guiding treatment planning. It is suggested that the augmented model provides a clinically flexible and ethically sound framework for formulating treatment issues for forensic patients.

Dignity, virtue and punishment : the ethical justification of disciplinary segregation in prisoners

In this paper I reflect on Bersot and Arrigo’s argument that virtue ethics provides a sound ethical theory to guide judicial decisions concerning the legitimacy of subjecting mentality disordered offenders to long-term disciplinary solitary confinement. I expand on three issues evident in the Bersot and Arrigo paper: (1) the nature and justification of punishment; (2) the concept of dignity and its relevance to mentally disordered offenders placed in disciplinary solitary confinement, and (3) the nature and scope of virtue theory in the criminal justice context.

Understanding young offenders: developmental criminology

The role of criminological theory should be to inform practice. Program developers should start with a recognized theory about the causes of crime and then design interventions that target factors identified in that theory. Unfortunately, the link between theory and practice is not always apparent. In this paper, a number of prominent developmental theories of crime are considered. These theories are significant in that they provide a strong basis for understanding young offending, and how both the criminal justice system and service providers should approach the task of working constructively with those who appear before the court. This is followed by a review of programs that have been designed to address the risk factors identified in these developmental theories.

The honeymoon killer : plea bargaining and intimate femicide : a response to Watson

In October 2003, US citizen Christina Thomas died while scuba diving on Queensland’s Great Barrier Reef. Following over five years of delays, her husband David Watson accepted a plea bargain to which he pleaded guilty to manslaughter on the basis of criminal negligence. Watson was initially sentenced to four and a half years imprisonment, suspended after 12 months, however this was later increased on appeal to suspension after 18 months. Using Watson as a framework for analysis, this article examines some of the limitations of an inefficient justice system, with a particular focus on the private nature of the plea bargaining process, and the potentially favourable representations and sentencing of men who kill a female intimate partner. The authors argue that the need to respond to court inefficiency and under-resourcing in the criminal courts creates pressures that can result in a desire for increased efficiency being prioritised above other justice concerns, and this allows for existing flaws within the operation of the criminal justice system to be exacerbated, and excused.

‘Till death do us part : judging the men who kill their intimate partners

This paper examines the construction of masculinity in judge’s sentencing remarks across seventeen cases of male perpetrated intimate femicide sentenced between March 2005 and May 2007 in the Victorian Supreme Court. Using a narrative analysis of sentencing transcripts it investigates how ideal understandings of hegemonic masculinity are used in judicial decision making to condemn or sympathise with male offenders of intimate femicide. The findings illustrate the profound influence that traditional understandings of masculinity and fatherhood still have on current sentencing practises despite the current climate of homicide law reform both within Australia and overseas. Whilst this paper did not directly assess the impact of recent homicide law reforms, specifically provocation, it is explicitly concerned with the continued influence of gender norms and bias at the sentencing stage of the legal process. As such, it provides a preliminary illustration of the key role that judges play in advocating or rejecting change within the criminal justice system, and more broadly legitimising attitudes about male violence against women throughout society. In condoning the use of extreme violence, in any context, judges send a message to society that such behaviour is either generally or specifically acceptable and accommodated within a legal framework.

The aftermath of provocation : homicide law reform in Victoria, New South Wales and England.

Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among criminological scholars and legal stakeholders in Australia and the United Kingdom. In response to these debates, criminal jurisdictions have conducted reviews of the partial defences to murder and implemented reforms targeted at reducing gender bias in the law which has played out through the operation of the partial defence of provocation. This research examines the different approaches taken to addressing the problem posed by provocation in Victoria, New South Wales and England. In doing so, it explores questions around the need for reform to the law of homicide, the effects of these reforms in practice, and the influential role of sentencing in questions surrounding homicide law reform. Throughout the analysis key frameworks of criminological thought in relation to feminist engagements with the law, the conceptualisation of denial and the influence of law and order politics upon the development of criminal justice policy are applied. By drawing on 81 in-depth interviews conducted with legal stakeholders across the three jurisdictions under study, and an analysis of relevant case law, this research concludes that reforms implemented to counter gender bias in the operation of homicide law have produced mixed results in practice, particularly in connection to the law’s response to three key categories of person in the courtroom: the jealous man, the female victim of homicide, and the battered woman.

The life conditions of Australian ex-prisoners : an analysis of intrapersonal, subsistence, and support conditions

Successful reintegration of ex-prisoners into the community is multifaceted. The life conditions of 36 adult Australian ex-prisoners (20 male and 16 female) were examined via a questionnaire administered at 1 to 4 weeks post release, and a subset of 19 of the original respondents were interviewed again at 3 to 4 months post release. Interviews focused on intrapersonal conditions (physical and psychological health and substance use), subsistence conditions (housing, employment, and finance), and support conditions (social support, support services/program participation, and criminal justice support). The majority of ex-prisoners self-reported chronic physical and mental health problems as well as a history of substance use and/or current substance use. Although the housing conditions of ex-prisoners were largely favourable and constant, the employment and financial conditions of this group were generally unfavourable. Level of social support was variable. Theoretical implications and practical applications of the present investigation for reintegration theory are discussed.

Tough, tougher, toughest? A new government’s approach to sentencing laws in Victoria

When in opposition, Victoria¹s Liberal/National coalition made a number of commitments to be 'tough on crime'. After winning the 2010 state election, the Government arguably reformed sentencing laws more quickly and more substantially in its first year of office than any other area of policy, with several key initiatives delivered or in train.

The Victorian experience exemplifies fast and forceful responses to perceived risks to community safety by new Australian Governments. While some political leaders have decried the 'law and order auction' approach by political parties, it remains a real tool in political discourse.

Some of these initiatives appear inconsistent with fundamental sentencing principles, and are designed more to address public perceptions which are disconnected from the realities of criminality and incidence of offending. A more appropriate basis for criminal justice policy may require Government to prioritise addressing the causes of offending behavior, rather than penalising consequences.

The mandatory life sentence for murder : an argument for judicial discretion in England

In 1965, alongside the abolition of capital punishment, a mandatory life sentence for murder was implemented in England and Wales. The mandatory life sentence served as a signal to the public that the criminal justice system would still implement the most severe sanction of life imprisonment in cases of murder. Nearly 50 years later, this article examines whether the imposition of a mandatory life sentence for murder is still in the best interests of justice or whether English homicide law would be better served by a discretionary sentencing system. In doing so, the article considers debates surrounding the political and public need for a mandatory life sentence for murder by drawing upon interviews conducted with 29 members of the English criminal justice system. This research concludes that a discretionary sentencing framework is required to adequately respond to the many contexts within which the crime of murder is committed.