10 resultados para Crimes de guerre

em Deakin Research Online - Australia


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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.

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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.

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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.

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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. 


This paper has two aims: to document the Victorian news media’s practice of reporting non-convictions for minor offences, and to argue that its authority to name and shame those who receive non-convictions should be considered through the lens of media power. It is the second stage in a research project on “naming and shaming” of people who come to the attention of journalists as potential news stories when they appear before the courts.

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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.

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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.