Expanding criminal sanctions for corporate crimes-deprivation of right to work and cancellation of education qualifications

Fines are the standard sanctions employed by most Western countries when a corporation has been convicted of a crime. However, some offences committed by corporations are too serious to be dealt with by way of a fine. There is a need to consider other sanctions that can be invoked in order to deter corporate crime. In this article, it is suggested that the focus should be on criminal sanctions against the natural persons who can potentially commit crimes on behalf of a corporation. New sentencing options against those who can potentially commit crimes on behalf of a corporation should include the annulment or suspension of an offender's academic  qualifications and the making of orders preventing an offender from working or being enrolled in an educational or vocational pursuit.

Vigilantism, the press and signal crimes 2006 - 2007

The clear presence of vengeance as an underlying motive behind calls for self-help in the immediate aftermath of some violent homicides indicates that community protection is largely irrelevant where vigilantism is associated with these 'signal crimes'. This paper documents the characteristics of five major cases between 2006 and 2007 where the threat ofcommunity-generated vigilante activity received media coverage, the nature of that coverage, the role of police in cautioning the public to reassert their legitimacy and monopoly over the correct procedures for conducting criminal
investigations and the implications of these issues in light of the moral 'outrage' associated with the status of the victim in each case. In an era of increased community concern about crime, it appears vigilantism is an important rhetorical indicator of the level of collective insecurity prompted by fatal assaults, especially in regional areas characterised by underlying racial
tensions and cases involving vulnerable child victims. However, when viewed alongside the virtual victimhood promoted by stylised press reporting, it appears 'vigilantism' is a pertinent signifier of public anxiety over the timing, location and antecedents of some serious violent crimes, rather than a descriptor of any substantive community-generated measures aimed at promoting greater levels of public safety.

‘The Snowtown we know and love’ : small newspapers and heinous crimes

This paper examines the role of small newspapers in Australia when bizarre and shocking crimes are committed locally. These crimes often attract intense media attention that casts a net of shame across entire townships through their representation as places of fascination and fear in the public imagination. We take a practice approach in the tradition of Pierre Bourdieu to explore the complex editorial considerations, news judgements and community responsibilities small newspapers must negotiate when covering these stories for local audiences. This study focuses on three towns in regional Australia that have been represented in metropolitan and international news media as ‘dead zones' after shocking crimes: Bowral in NSW, Snowtown in South Australia and Moe in Victoria.

News judgements: a critical examination of reporting non-convictions for minor crimes

This paper considers issues related to the reporting of non-convictions for minor criminal offences. The entry point for the discussion is a content analysis of press court reporting across the Australian state of Victoria that shows that many newspapers report non-convictions. The paper observes that as the practice of reporting non-convictions has extended into digital space, a person the local court decides should not have a black mark recorded against their name can now be named and shamed before a global audience for an indefinite period. 

The digital pillory: media shaming of 'ordinary' people for minor crimes

This paper discusses the intensified role of the media in shaming ‘ordinary' people when they commit minor offences. We argue that shaming is a powerful cultural practice assumed by the news media in western societies after it was all but phased out as a formal punishment imposed by the judiciary during the early nineteenth century. While shaming is no longer a physically brutal practice, we reconceptualize the idea of a ‘lasting mark of shame' at the hands of the media in the digital age. We argue that this form of shaming should be considered through a lens of media power to highlight its symbolic and disciplinary dimensions. We also discuss the role new and traditional media forms play in shaming alongside formal punishments imposed by the judiciary. While ‘ordinary' people armed with digital tools increase the degree of disciplinary surveillance in wider social space, traditional news media continue to play a particularly powerful role in shaming because of their symbolic power to contextualize information generated in social and new media circles and their privileged position to other fields of power.

Naming and shaming: a report on media shaming for minor crimes in Victoria

This exploratory study examines the power of the news media to publicly name ordinary people who receive non-convictions for committing minor crimes. If a magistrate imposes a non-conviction, it means the offender is guilty, but gets a chance to reform away from the public gaze. They are not required to reveal the crime in any job application, and it does not restrict them from overseas travel. This report argues that the power of media to report non-convictions is an issue of national importance in this changing digital landscape because the news media can impose relatively permanent public records, especially in digital space, that detail's one's minor misdemeanour.

Violence from below : explaining crimes against civilians across Soviet space, 1943–1947

The end of World War II brought little relief to the lands it ravaged most. Mass wartime violence continued in the Soviet space beyond the ‘false peace’ of 1945. Historians have sought to explain this violence in terms of the ‘wartime brutalisation’ of state and citizens alike, though this approach is limited in explaining how and why violence continued after 1945. This article shifts focus from psychology to social history to argue that the disintegration of Soviet state control is central to explaining the enduring violence after 1945 and understanding its emergence as much ‘from below’ as ‘from above’.

Black and white is always grey-the power of the police to conduct a strip search in Victoria

The performance of a strip search by a police officer is a serious interference with the liberty and dignity of an individual. However, it is considered by police to be an important part of their law enforcement armory and one that is increasingly necessary to utilise to assist in the investigation and prosecution of drug-related crimes. This article considers the troublesome issue of whether and in what circumstances the common law may extend to police the power to conduct a strip search. In addition, there is an examination of the statutes and regulations that purportedly give police in Victoria the power to strip search with particular attention given to ss 81 and 82 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

The status of child offenders under international criminal justice: lessons from Sierra Leone

This article analyses the status of child offenders under international criminal justice. International criminal proceedings, especially those in the African continent, have recently highlighted the significance of children and young people as perpetrators of genocide, crimes against humanity and war crimes. It has been suggested by one commentator that there exist international prohibitions on the prosecution of children for international crimes. It will be argued here that this claim is not substantiated in respect either of customary or treaty-based international obligations.

The importance of degree versus type of maltreatment: a cluster analysis of child abuse types

The author conducted secondary data analysis of 3 previously reported studies (D. J. Higgins & M. P McCabe, 1998, 20(K)b, 2(X)3) to examine whether respondents are best classified according to their experience of separate maltreatment types (sexual abuse, physical abuse, psychological maltreatment, neglect, and witnessing family violence) or whether their experience reflects a single unifying concept: child maltreatment.

Criminal responsibility based on complicity among corporate officers

In a 2001 Issues Paper entitled 'Sentencing: Corporate Offenders', the New South Wales Law Reform Commission outlined a number of reasons for not ascribing liability to individuals within a corporation for unlawful acts arising from the operation of the corporation. One of the reasons raised in the Issues Paper, a reason traditionally used to avoid liability being imposed on individuals for corporate crimes, is that it is conceptually difficult to look behind the form to the substance of a corporate crime in order to establish liability for individual acts, when on the surface the unlawful conduct was caused by a corporation as a collective body. In this article, the authors challenge this position by suggesting that the doctrine of complicity can be used to [*2] pierce the corporate veil and direct criminal liability to those individuals who control the actions of the company. This proposition that company officers can be found liable pursuant to the principles regarding accessorial responsibility is not novel. However, what is unusual is the infrequency with which this wide ranging doctrine is applied in the corporate setting. The focus of this article is to underline the relevance of this doctrine to corporate offenders and, in the process, to assert that the problems of punishing corporate offenders are in principle no different to punishing other crimes which are committed by more than the one offender and can be addressed by the proper application of existing legal principles.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.