Educational malpractice : legal cases and educators' views

The notion of being negligently and legally liable for poor teaching that results in the failure of students being able to achieve expected educational outcomes is an unimaginable prospect. However, there is an emerging trend of legal proceedings being brought against teachers, blaming them for low scores in literacy, numeracy or even the failure to pass an examination. The duty implied on educators to ensure the educational well-being of their students and the breach of such duty is what is commonly termed in the literature “educational malpractice” or “educational negligence.”

In this article, several cases relating to educational malpractice that took place in the U.S., the U.K., and Australia are reviewed, and the cases demonstrate that the courts are beginning to show a willingness to extend the tort of negligence to students’ intellectual harm. The author then conducted a small-scale investigation to ascertain the views of school principals regarding this issue, with very interesting results.

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.

Invasive plants – Do they devastate or diversify rural livelihoods? Rural farmers' perception of three invasive plants in Nepal

In this paper, we examine how rural people in the buffer zone of Chitwan National Park in Nepal perceive the effects of accidently transported invasive plant species, such as Mikania micrantha, Lantana camara and Chromolaena odorata, on their livelihoods. We found that their perception of the impact of each species on their livelihood varies with factors such as the duration of the presence of invasive plants in the landscape, and household characteristics. Results of a household survey indicate that farm households close to the forests have responded to the invasive species both as a victim and a beneficiary. Farm households are likely to adapt to the invaded environment as they have a history of interacting with invasive plants and can commoditise them through appropriate intervention. Additionally, the findings indicate that rural people are willing to invest in the control and management of invasive plants if appropriate technical assistance is available. Without assistance, they consider mitigating the infestation an unattainable mission and consider acceptance of the invasive species as a part of the rural ecosystem an inevitable outcome.

Professionals' perceptions of a new model of sexual assault investigation adopted by Victoria Police

This article presents a qualitative evaluation of a new method of operation for sexual assault investigation developed by Victoria Police. The model is characterised by two core components: the establishment of specialist teams of investigators responsible for investigation and victim support; and the establishment of service sites, referred to as 'Multidisciplinary Centres', where all key services are located in a single building separate from police stations. The research approach consisted of in-depth interviews with 90 stakeholders (police, counsellors, medical officers, child protection workers and prosecutors). Collectively, these interviews revealed strong, unanimous support for the ideologies that underpinned the new reforms. Reported outcomes included the following: improved collaboration; increased victim satisfaction, referrals between professionals and reporting rates; reduced response and investigation times; better quality briefs; and higher prosecution and conviction rates. These findings, along with the stakeholders' suggestions for further improvements, are discussed.

Victims' perceptions of a new model of sexual assault investigation adopted by Victoria Police

This paper evaluates a method of operation for sexual assault investigation recently developed by Victoria Police (Australia). The model (which is new to Victoria) is characterised by two core components: the establishment of specialist teams of investigators (responsible for investigation and victim support) and service sites referred to as ‘Multidisciplinary Centres’ where all key services are provided to victims in a single location separate from police stations. The approach consisted of in-depth interviews with 25 victims of sexual assault aged between 15 and 54 years. The overriding theme to arise from the interviews was the importance to victims of being treated with dignity and respect; six elements were highlighted by victims as assisting this. These elements are presented along with evidence to demonstrate that the police response to victims has become more victim-centred under the new model of service delivery.

Being the right kind of male teacher : the disciplining of John

In a context where the lack of male teachers is constructed as a worrying concern for many Western education systems, men who make the decision to become teachers, particularly in early childhood and primary education, are often adulated. However, alongside this adulation sits an expectation to be a ‘real man’. This paper tells the story of John, a male primary school teacher who left the teaching profession after one year as a result of incommensurable differences between the expectations held of him as a male teacher and his identity as a primary school teacher. While not an attempt to position John as a victim, this paper suggests that expectations of male teachers, such as to be effective disciplinarians, have normalising effects on men within the teaching profession that, in this case, led to a rejection of teaching as a career path. We contend that the image of the ‘imagined male teacher’ that underpins both current calls for more male teachers and John’s departure from schooling is likely to have a negative impact upon all students (boys and girls) and also denigrates the work of female teachers.

Distributed denial of service (DDoS) detection by traffic pattern analysis

In this paper, we propose a behavior-based detection that can discriminate Distributed Denial of Service (DDoS) attack traffic from legitimated traffic regardless to various types of the attack packets and methods. Current DDoS attacks are carried out by attack tools, worms and botnets using different packet-transmission rates and packet forms to beat defense systems. These various attack strategies lead to defense systems requiring various detection methods in order to identify the attacks. Moreover, DDoS attacks can craft the traffics like flash crowd events and fly under the radar through the victim. We notice that DDoS attacks have features of repeatable patterns which are different from legitimate flash crowd traffics. In this paper, we propose a comparable detection methods based on the Pearson’s correlation coefficient. Our methods can extract the repeatable features from the packet arrivals in the DDoS traffics but not in flash crowd traffics. The extensive simulations were tested for the optimization of the detection methods. We then performed experiments with several datasets and our results affirm that the proposed methods can differentiate DDoS attacks from legitimate traffics.

Judicial valuation of the social costs of crime

The true economic functions of the criminal courts are, first, to deter potential prospective offenders from committing offences, and in so doing reduce the total social costs of crime in the future; and secondly, to force the convicted offender to bear some of the costs, which the crime has externalised onto the victim(s) and wider society through retributive justice. These objectives are achieved through the sentencing function. Critics have lamented that too many extraneous factors are taken into account when setting penalties but the authors argue in this article that nevertheless these sentences are optimal because of the judges' comparative advantage. What is of great interest, and the focus of this article, are the implicit valuations of the social costs of crime that these sentences imply. Using the South Australia higher criminal courts as a case study, the authors estimate and utilise these judicial valuations to suggest a methodology for measuring the true economic value of the criminal courts. The analysis helps put into perspective the courts' very valuable contribution to social welfare.

Virtual thievery : an insight into the criminal mind of virtual property thieves

Virtual worlds have become highly popular in recent years with reports of over a billion people accessing these worlds and the virtual goods market growing to near $50 US billion dollars. An undesirable outcome to this popularity and market value is thriving criminal activity in these worlds.  The most profitable transgression at the moment in virtual worlds is named Virtual Property Theft.  The aim of this study is to gain insight using an online survey, as to how thieves in these synthetic worlds conduct their criminal activities.  This survey asked questions on: thief profiling, how theft was conducted, times of criminal activity, which items are stolen and distributed, victim targeting and criminal profiteering.  This survey is the first to report an insight into the criminal mind of virtual thieves.  The results of this study will provide a pathway for designing an effective anti-theft mechanism capable of abolishing this criminal enterprise.

“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

Prosecutors' perceptions of the utility of 'relationship' evidence in sexual abuse trials

For successful prosecution of sex offences, defined elements that comprise each charge (such as the acts that occurred and offenders’ identities) need to be established beyond reasonable doubt. This study explored the potential benefit (from a prosecution perspective) of eliciting another type of evidence; evidence regarding the relationship between the victim and perpetrator that may explain the victim’s responses.

Fourteen prosecutors representing every major Australian jurisdiction participated in individual interviews or a focus group where they were asked to reflect on the perceived relevance of relationship evidence in sex offence trials, and the potential impact of this evidence on court process and outcomes.

All prosecutors gave strong support for the premise of including relationship evidence in victim and witness statements, as well as in suspect interviews; however, this type of evidence was not routinely being included in interviews or admitted in trials.

The majority of the discussion centred on:

A direct insight into victims of cybercrime

With increasing popularity and 1.9 billion cumulative registered accounts, virtual worlds are seeing an increase in a cybercrime named Virtual Property Theft. Currently, there is no data available on victim's perception of reasons for this theft. In this study, the authors aim to identify these reasons, and fill the need for a deeper understanding of VPT. This study used a survey including questions on virtual property ownership, theft, recovery and security. This survey is the first to report the views of victims of theft and remarkably showed although users are aware of offenders and have adequate security knowledge, 23% still become victims. This highlights that cyber criminals have found loopholes in existing security systems. Finally, given the continual growth of virtual worlds, it is essential to develop new policies and effective regulations. In this paper we will discuss the most critical survey results relating to security and provide statistical analysis.

Mock jury attitudes towards credibility, age, and guilt in a fictional child sexual assault scenario

Low conviction rates of child sexual assault (CSA) remain a persistent social problem in Australia. One reason for this may be the impact of attitudes regarding the victims when the evidence is weak. This article examines the effects of victim age on perceptions of credibility and verdict in a CSA case. Eleven electronic focus groups deliberated a fictional CSA case, in which the age of the child was systemically varied between 6 and 15 years. Deliberation transcripts were analysed with NVivo (Version 9, QSR International Pty Ltd., Burlington, MA, USA), from which thematic clusters were derived. Results showed that as the child's age increased, credibility and guilty verdicts decreased. In addition, testimony alone had little impact in influencing the verdict. These findings suggest that in lieu of corroborating evidence, increasing supporting information, such as expert testimony, and providing structured deliberation for the jury may reduce the influence of victim blame, particularly when the child victim is older.

Iranian women's sports fandom : gender, resistance, and identity in the football movie offside

As sport enters new global territories, attending to questions of cultural difference is increasingly important to studies of women’s sports fanship. This article draws on theories of transnational feminism and feminist sports scholarship to contemplate the cinematic portrayal of the non-Western female football supporter. Women sports fans rarely appear as film protagonists, with the notable exception of the 2006 movie Offside, which tells the story of Iranian women soccer fans attending a World Cup qualifying match. By focusing on the ways that women fans negotiate their marginal status in the sporting arena, I argue that the film unsettles cultural associations between masculinity and football in Iran, and confounds the oppositional construction of the “other” woman as a passive victim of, or freedom fighter against, Islam. 

Prison rape : is it okay to make jokes about rape in prison?

The trivialisation of sexual violence through what passes as humour is much less common than it once was. Jokes about rape are not innocent, are not harmless fun, are not unconnected to the horrible crime they make light of. Their gradual marginalisation represents social change of real importance. But there is one last refuge of the rape joke in mainstream popular culture, and its continued presence reflects a shameful blind spot in our society. It is a joke which conceals a horrible and damaging reality which is somehow both a taboo topic and a truth universally acknowledged.

A picture that circulated widely on Facebook and other social media last year captures the horror in the humour. It is a picture of a man’s back, decorated with a huge image of an alluring, naked woman, with the man’s buttocks marked to look like breasts. The caption: This man had what he thought was the best tattoo in the world . . . until he went to prison. How can a gag about a man being anally raped while in prison be widely popular, seen as funny, a giggle to share? Were the prospective victim a child or a woman, or were the rape in almost any other setting, the reaction would surely be revulsion and anger. Jail rape, though, somehow remains funny.