Understanding criminal behaviour: identifying psychological differences between domestically violent offenders and non-offenders

Numerous theories have been formulated in an attempt to explain the psychological differences between violent offenders and non-offenders. Constructs that have emerged as salient in such scholarship include anger expression, social problem solving, locus of control, attitudes toward women, impulsivity and temper. Although a considerable amount of sound research has been conducted into 'violent offending' per se, in general terms, research into family and domestic violence is yet to be as methodologically and theoretically rigorous. In an attempt to link these areas of work, and to identify the risk factors (or 'criminogenic needs') of specific sub-groups of male offenders, this research compared: (I) property offenders, (2) those who had been· 'violent against strangers', (3) those who had been 'violent against intimates' and (4) non-offenders. In an effort to address one of the shortcomings of prior research, potentially confounding variables such as age, education level cultural identity, and socio-economic status were controlled for in an effort to arrive at more meaningful representations of each offender group's specific psychological deficits and abundances. A number of differences were highlighted between the groups, but few of these remained after demographic
covariates were controlled for. This paper details the nature of these differences, while also proposing that future studies adopt a similar methodology.

New criminal sanctions-inflicting pain through the denial of employment and education

Imprisonments and fines are the standard sanctions employed by most western countries in punishing offenders.  Where neither of these penalties is appropriate, the courts normally have a variety of indeterminate sanctions at their disposal.  However the general effectiveness of these sanctions is questionable.  This paper argues that the criminal justice system has been too slow and unimaginative in developing efficient and effective methods of punishing offenders.  There are ways of inflicting pain on offenders that do not encroach on their liberty or affect their material wealth.  It is suggested that new sentencing options should include the annulment or suspension of an offenders academic qualifications and the making of orders preventing an offender from working or being enrolled in an educational or vocational pursuit.

The desirability of criminal penalties for breaches of part IV of the trade practices act

Following the introduction of criminal sanction, including jail terms, for hard core cartelisation in the United Kingdom, the Dawson Review has recently recommended that criminal penalties be introduced in Australia for individuals and corporations found to have engaged in hard core cartels. A number of reasons have been advanced to justify the introduction of criminal sanctions for this type of conduct, the most common of which are that it would bring Australia in line with other competition regimes and that criminal sanctions are more likely to provide an effective deterrent. This article evaluates those reasons, and others, to determine whether there is any adequate justification for the proposed criminal regime.

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.

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.

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.

Criminal penalties for contraventions of Part IV of the Trade Practices Act

In 2003 the Dawson Committee, commissioned by the Government, recommended that criminal penalties should be introduced for cartel conduct. The Government accepted this recommendation in principle and set up a working party to consider the implementation difficulties that had been identified in the Dawson Report. Nothing further was heard from the Government until February 2005 when the Government announced that it would introduce criminal penalties for serious cartel conduct. This paper evaluates the Government proposals and makes suggestions for their implementation.

So far no good: the regulatory failure of criminal racial vilification laws in Australia

This article considers the efficacy of the two main legislative models in Australia which make racial vilification a crime. To this end, it considers whether the laws are compatible with the protection and promotion of freedom of speech; whether they sit comfortably within the existing criminal law frameworks; and whether the text of the offences is sufficiently clear and precise. It considers that the current models are fundamentally flawed and ought to be repealed, arguing, instead, for a particular kind of penalty enhancement statute.

Models of understanding criminal behaviour and the sentencing process : a place for criminological theory?

The method by which a sentencing court understands the reasons for the commission of a criminal offence is crucial to the framing of the ultimate disposition imposed in all of the circumstances of the offence and the offender. Under Australian criminal law the insights of criminology are rarely. if ever. used in the discharge of the sentencing function. In particular, theories of crime causation evident in schools of criminological thought are not relied upon even though ostensibly such theories would appear to have a degree of relevance to the sentencing task. In this article, a short sketch of contemporary criminological theory is provided. This is followed by a survey of the use of criminological theory under Australian criminal law and what role, if any, it plays in contemporary  criminal justice administration. Finally, consideration is given as to whether or not criminological theory would be of assistance in the discharge of the  sentencing task in relation to not only understanding the reasons for the commission of the offence by the offender, but also in the determination of the appropriate sanction.

Valuing criminal court services

Criminal courts fundamentally provide a forum for conducting prosecutions with a guilty plea or a trial. At present, there is no generally accepted  methodology for estimating the monetary value of those services. The  purpose of this paper is to attempt to fill this gap by proposing a  methodology predicated on the joint optimising decisions of society and the defendant, who are the two stakeholders in any criminal case. The technique can also be potentially used to evaluate both theoretically and empirically the impact of court delay reduction programs on social welfare, and the specification of socially optimal court waiting times.

Criminal legislation Victoria 2003

Fully annotated Crimes Act 1958 (Victoria) and Summary Offences Act 1966 (Victoria). Extracted from two-volume looseleaf service 'Bourke's Criminal Law Victoria'. Cross-referenced to cases, other acts and regulations and other publications dealing with the topics under discussion. Reflects the law as amended to 1 January 2003. Includes table of cases and index. Nash is a practicing QC and former academic at Monash University. Bagaric is a barrister and solicitor.

Criminal laws in Australia : cases and materials

This book is the most user-friendly of all the criminal law books currently available in Australia. This is the only book that deals comprehensively with the criminal law in all Australian states and territories. Unlike the other criminal law books available to Australian law lecturers, it is both a casebook and textbook.

Criminal laws in Australia, cases and materials

Criminal Laws in Australia: Cases and Materials" deals comprehensively with the criminal law in all Australian states and territories and is both a casebook and textbook.