Autism behind bars : a review of the research literature and discussion of key issues

Individuals with autism spectrum disorder (ASD) may experience difficulties coping at all levels of involvement in the criminal justice system. Questions remain, however, regarding the presence and type of difficulties faced by individuals with ASD in the context of incarceration within prison settings. Despite the potential impact for community safety and concerns regarding justice, these issues have received very little academic attention. The research that does exist is generally limited by poor methodology and small sample sizes. The current paper provides a brief review and discussion of the limited extant literature regarding the experiences of prisoners with ASD with the view to summarising areas of difficulties potentially faced by such individuals. It is hoped that this brief review may highlight the need for academic attention in order to inform practice and policy regarding the criminal justice response to this potentially vulnerable population.

Occupational therapy in forensic psychiatry: Recent developments in our understandings (2007-2013)

Introduction: Occupational therapy in forensic settings has developed in recent decades, leading to an increasing amount of research being conducted in this field. There have been two previous attempts to provide overviews of this body of evidence and future directions for research; however, the rate of research has accelerated in recent years. This critical review addresses the following question: what evidence has been published about occupational therapy in forensic psychiatry over the past 7 years? Method: A mixed methods approach was adopted, with four databases and a search engine consulted (OTDBase, CINAHL, AMED, PSYCHInfo, Google Scholar). The inclusion criteria were: (a) articles published in peer reviewed journals since 2007 and (b) authored by at least one occupational therapist. Twenty-five studies were identified for review, and the four dimensions of occupation - doing, being, becoming and belonging - were used to provide a theoretical context for the subsequent discussion. Findings: The recent evidence base in forensic psychiatry focuses on doing and being, with fewer articles addressing becoming and belonging. Conclusion: This review has identified increasing numbers of studies about forensic occupational therapy, which may reflect growth in both interest and the worldwide workforce.

Policing in cool and hot climates: legitimacy, power and the rise and fall of mass stop and search in Scotland

Prior to the amalgamation of Scotland’s eight police forces into Police Scotland in 2013 by the Scottish National Party government, Scottish policing generally enjoyed a ‘cool’ political climate, with low scrutiny and minimal political engagement. This paper argues these conditions hindered the critical interrogation of Scottish policing, allowing a policy of unregulated and unfettered stop and search to flourish unchallenged for two decades. We then show how this policy was swiftly dismantled in the ‘heated’ environment that followed centralization, a move that gave rise to the unprecedented scrutiny of Scottish policing by media and political commentators. The analysis suggests that the legitimacy and reputation of the police may owe a debt to political environments that encourage either ‘soft’ or ‘hard’ analysis. Also, that more heated political environments, often disparaged by academics and criminal justice practitioners, can drive accountability and contribute to more progressive outcomes.

An examination of stakeholder attitudes and understanding of therapeutic jurisprudence in a mental health court

Mental health courts represent a key component of contemporary responses to mental illness and disability in the criminal justice system, and yet there is uncertainty about how these courts should balance their punishment and treatment roles. This paper reports an analysis of interviews with court professionals which considers their understanding of the rationale underpinning an Australian mental health court, its effectiveness in achieving its criminal justice and clinical goals, and of broader notions of therapeutic jurisprudence. This reveals considerable support for diversionary mental health court programs of this type and professional confidence that this type of program is effective. However, the analysis also highlights conflict in the practice frameworks of the different professional groups who regularly contribute to the operations of the court. Suggestions to enhance service delivery are offered.

The naming of child homicide offenders in England and Wales: the need for a change in law and practice

Judicial decisions about whether or not to publicly name child homicide offenders have long ani- mated debate in the United Kingdom and internationally. This article draws on case law and in- depth interviews conducted with members of the English criminal justice system to critically analyse the viability of current domestic legislation in the context of the UK’s international human rights obligations. The article identifies ambiguities surrounding the definition of ‘public interest’ in law; the merits of equating the naming of child offenders with open justice, accountability and transpar- ency; and the increasing sabotage of the principle of rehabilitation. By identifying the complexities of this contentious area of judicial discretion, this article highlights the need for a rights-based approach to decisions about publicly naming children in conflict with the law.

‘Cemented in their cells’: a human rights analysis of Blessington, Elliott and the life imprisonment of children in New South Wales

In 2010, two Australians, convicted in childhood of rape and murder, lodged a joint submission with the United Nations Human Rights Committee, claiming that successive changes to sentencing legislation in New South Wales breached their human rights by denying them any meaningful prospect of release. In this article, we examine the political, legislative and procedural moves that have resulted in Australian children being sentenced to life without parole or release. We argue that successive legislative changes in various Australian jurisdictions have resulted in a framework for sentencing decisions that is considerably out of step with international legal standards for criminal justice. These increasingly punitive legislative changes exacerbate Australia’s already declining record of cooperation with UN processes, and reveal Australia’s reluctance to respect the legitimacy and authority of international law. Against this troubling context, the views of the Human Rights Committee serve as a much-needed reminder about the importance of a principled approach to child sentencing that forecloses neither the goal of rehabilitation nor the prospect of release and reintegration.

Gendering Security: violence and risk in Australia's night-time economies

Expanding the Gaze is a collection of important new empirical and theoretical works that demonstrate the significance of the gendered dynamics of surveillance.

The mythical properties of police body-worn cameras: A solution in the search of a problem

Over the past few years, Australian police agencies have begun to enthusiastically introduce body-worn cameras on police personnel. These devices are now either implemented or under trial across the country. There is also an emergent ‘surveillance consensus’ (Hempel and Töpfer 2009) concerning their use amongst Australian police. While more detailed empirical examination of information flows that shape this surveillance consensus is warranted, this contribution to the debate seeks to draw from policing scholarship to critically explore the intersections between the rationalizations for body-worn cameras and the broader policing scholarship. More directly, body-worn cameras cannot be understood in narrow instrumental terms, but must be located within the broader literature on governing police and the law and order politics that surrounds many contemporary police and criminal justice reforms (Cox 2015; Gregg and Wilson 2015). I begin with a summary of the introduction of body-worn cameras in Australia. The article then identifies five problems body-worn cameras purportedly address and provides a brief case summary indicating how current ‘privacy protections’ fail to establish real limits to the collection, use, and dissemination of images from body-worn cameras.

Identifying the characteristics of child sexual abuse cases associated with the child or child's parents withdrawing the complaint

Most child sexual abuse cases do not result in a full trial or guilty plea; rather, case attrition occurs at earlier stages of the criminal justice system. One reason for the attrition of these cases is the withdrawal of complaints, by children or their caregivers. The aim of the current study was to determine the case characteristics associated with complaint withdrawal in child sexual abuse cases by the child or his or her parents once a report has been made to authorities. All child sexual abuse incidents reported to authorities in one jurisdiction of Australia in 2011 were analyzed (N=659). A multinomial logistic regression was used to predict the following case outcomes: (1) withdrawn by the child or his or her parents, (2) exited for other reasons (e.g., the alleged offender was not identified, the child refused to be interviewed), and (3) resulted in a charge. Five predictors significantly added to the prediction of case outcome: child age, suspect gender, suspect age, child-suspect relationship, and abuse frequency. These results should contribute to the design of interventions in order to reduce complaint withdrawals if these withdrawals are not in the child's best interests.

Upholding whose right? Discretionary police powers to punish, collective 'pre-victimisation and the dilution of individual rights

This article uses the example of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of individual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the individual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right –appears to belie a growing uncertainty over whose rights should be upheld and how.

Quality of internal control procedures : antecedents and moderating effect on organisational justice and employee fraud

Purpose – This study aims to bring together theoretical concepts from the organizational justice, internal control and fraud literature to develop two distinct models relating to employee fraud and the quality of internal control procedures (ICP), respectively.

Design/methodology/approach – Survey data from 64 Australian firms were used to develop the two models. The first model was tested using a logistic regression analysis, and the second model was tested using a multiple regression analysis.

Findings – The first model reveals that the quality of ICP has a moderating effect on the relationship between perceptions of organizational justice and employee fraud. The second model indicates that ICP quality is significantly and positively related to three key organizational factors: the corporate ethical environment, the extent of risk management training of staff, and the internal audit (IA) activity level.

Practical implications – Risk management strategies relating to employee fraud will need to pay greater attention to organizational factors that affect both perceptions of justice at the workplace and ICP quality, including fostering a more ethical and equitable work environment, increasing IA activities and staff training in risk management.

Originality/value – Using the fraud triangle framework, this study extends previous literature by providing empirical evidence on the role of organizational justice and ICP regarding employee fraud.

Criminal processes and investigative procedures : Victoria and Commonwealth

This book is designed to be a useful and practical tool for both students and legal practitioners alike. In addition to focusing on the recently enacted Criminal Protective Act 2009, this text also highlights other key aspects of the criminal processes.

Young people and the justice system : consideration of maturity in criminal responsibility

The age of majority determines when a young person is considered adult in the eyes of the law, and in many countries this is set at 18 years. This does not take into account the differing ways and time-frames in which young people mature and develop. In justice systems in which individuals can be awarded leniency due to mental impairment, it becomes apparent that a similar justification can be made for issues surrounding maturity. This is of particular importance due to a growing trend in the Western world for young people to be tried as adults based on their crime, rather than their individual culpability. The aim of this review was to consider the interaction between maturity and criminal culpability.

Procedural justice and tax compliance

Throughout the 1990s, tens of thousands of Australian taxpayers invested in mass-marketed tax effective schemes. They enjoyed generous tax breaks until the Australian Taxation Office (ATO) told them in 1998 that they abused the system. This study examines the circumstances surrounding taxpayers' decision to invest in scheme arrangements. It also explores investors' perceptions of the way the ATO handled the schemes issue and, perhaps more importantly, why such a large number of investors defied the ATO's demands that they pay back taxes. Data were taken from in-depth interviews conducted with 29 scheme investors. Consistent with the procedural justice literature, the findings revealed that many of the scheme investors interviewed defied the ATO's demands because the procedures the ATO used to handle the situation were perceived to be unfair. Given these findings, it will be argued that to effectively shape desired behaviour, regulators will need to move beyond enforcement strategies linked purely to deterrence. A strategy that aims to emphasise the procedural justice aspects of a regulatory encounter will be discussed.