Populism, law and order and the crimes of the 1%

The article examines the evidence of endemic financial crime in the global financial crisis (GFC), the legal impunity surrounding these crimes and the popular revolt against these abuses in the financial, political and legal systems. This is set against a consideration of the development since the 1970s of a conservative politics championing de-regulation, unfettered markets, welfare cuts and harsh law and order policies. On the one hand, this led to massively increased inequality and concentrations of wealth and political power in the hands of the super-rich, effectively placing them above the law, as the GFC revealed. On the other, a greatly enlarged, more punitive criminal justice system was directed at poor and minority communities. Explanations in terms of the rise of penal populism are helpful in explaining these developments, but it is argued they adopt a limited and reductionist view of populism, failing to see the prospects for a progressive populist politics to re-direct political attention to issues of inequality and corporate and white collar criminality.

Prisoners

This issue of Hot Topics aims to provide a range of information about prisons and prisoners in australia and nsW in particular. there are many issues to examine within our prison system – how imprisonment functions as a method of punishment, the statistics that demonstrate the backgrounds of disadvantage of most prisoners and highlight the over-representation of indigenous australians in the criminal justice system. there is some detail provided on the day-to-day regime for prisoners in nsW and a discussion of prisoners’ legal rights, including their right to full citizenship.

The Limited Benefit of Prison in Controlling Crime : On the Threshold of a Political Shift

In 2012 the New Zealand government spent $3.4 billion, or nearly $800 per person, on responses to crime via the justice system. Research shows that much of this spending does little to reduce the changes of re-offending. Relatively little money is spent on victims, the rehabilitation of offenders or to support the families of offenders. This book is based on papers presented at the Costs of Crime forum held by the Institute of Policy Studies in February 2011. It presents lessons from what is happening in Australia, Britain and the United States and focuses on how best to manage crime, respond to victims, and reduce offending in a cost-effective manner in a New Zealand context. It is clear that strategies are needed that are based on better research and a more informed approach to policy development. Such strategies must assist victims constructively while also reducing offending. Using public resources to lock as many people in our prisons as possible cannot be justified by the evidence and is fiscally unsustainable; nor does such an approach make society safer. To reduce the costs of crime we need to reinvest resources in effective strategies to build positive futures for those at risk and the communities needed to sustain them.

Giving voice : the prisoner and discursive citizenship

This Companion presents the major debates and issues in Critical Criminology. It presents new research on crime, policy and the internationalisation of the criminal justice system. It sheds light on traditional debates in critical criminology through a confronting analysis of contemporary developments in criminal justice and criminology. This is the first textbook that brings together the major Australian and New Zealand theorists in Critical Criminology. The chapters represent the contribution of these authors in both their established work and their recent scholarship. It includes new approaches to theory, methodology, case studies and contemporary issues. It traverses a range of debates including the criminalisation of Indigenous people, ethnic communities, the working class, rural communities and young people from critical perspectives, and introduces new concepts of state crime. It covers developments in the penal system that have responded to globalisation and neo-liberalism, particularly in law and order and anti-terror campaigns. This coverage is counterpoised by portrayals of resistance within the penal system and considerations of restorative justice. The Companion is relevant to a broad range of courses and levels of study. It covers the major components of a Criminology course through a critical lens. It is a thorough introduction to concepts and critiques in criminology, as well as a provocative analysis of the assumptions underpinning the criminal justice system. Students, teachers and scholars in criminology, law and sociology will find this Companion invaluable.

Australian Aboriginal English and cultural conceptions : can they affect policing?

It is well established that there are inherent difficulties involved in communicating across cultural boundaries. When these difficulties are encountered within the justice system the innocent can be convicted and witnesses undermined. A large amount of research has been undertaken regarding the implications of miscommunication within the courtroom but far less has been carried out on language and interactions between police and Indigenous Australians. It is necessary that officers of the law be made aware of linguistic issues to ensure they conduct their investigations in a fair, effective and therefore ethical manner. This paper draws on Cultural Schema Theory to illustrate how this could be achieved. The justice system is reliant upon the skills and knowledge of the police, therefore, this paper highlights the need for research to focus on the linguistic and non‐verbal differences between Australian Aboriginal English and Australian Standard English in order to develop techniques to facilitate effective communication.

Human trafficking involving marriage and partner migration to Australia

In this report, what is known about human trafficking involving marriage and partner migration to Australia is described, drawing on primary information obtained from victim/survivor testimonies, stakeholder knowledge and expertise, and reported cases that progressed through the Australian justice system. It confirms what some stakeholders in the human trafficking area have long suspected—that marriage and partner migration have been used to facilitate the trafficking of people into Australia.

Young adults' perceptions of alcohol-involved sexual violence : explicating alcohol expectancies relating to sexual aggression and victimisation

Based on a mixed-methods research program, this thesis identifies the nature and impact of young Australian adults' alcohol-related beliefs relevant to intoxicated sexual aggression and victimisation. The thesis describes the development and validation of the Drinking Expectancy Sexual Vulnerabilities Questionnaire and demonstrates that sexual violence-related alcohol expectancies are linked to rape blame attributions. Findings show how Alcohol Expectancy Theory can be applied in rape-perception research and illuminate the reasons underlying negative responses to rape disclosure, the underreporting of sexual victimisation, cultural discourse about alcohol and rape, and biased decision-making in the criminal justice system.

Competition paper. Prostitution and public health in New South Wales

Using historical and contemporary resources, this paper provides a critical account of the contemporary governance of prostitution in New South Wales. A Foucauldian approach is used to analyse the ways in which prostitution has been problematized as a health issue and managed as a public health problem. The analysis differs from other critical studies of prostitution in that it examines specific techniques of power, the operations of which have not been confined to the workings of a repressive criminal justice system. It is shown that there currently co-exists two broad understandings of prostitution in New South Wales, Australia, which have informed current initiatives to manage prostitution. Prostitutes working in public spaces have been presented as sexual agents wilfully engaged in criminal conduct and the spread of contagion. They have been subject to intense official scrutiny and regulated through criminal sanctions. In contrast, prostitutes working in private spaces have been presented as victims of adverse circumstance, deserving of protection and compassion. They have been made subject to strategic interventions that have attempted to normalize prostitution and render the prostitute a hygienic subject.

Domestic violence (DV) service provision and the architecture of rural life: An Australian case study

This article uses the concept of the architecture of rural life to analyse domestic violence service provision in rural Australia. What is distinctive about this architecture is that it polices the privacy of the rural family. A tight cloak of silence is carved around instances of domestic violence. Imagined threats to rural safety are seen as coming from outsiders (i.e. urban influences or Indigenous), not insiders within rural families. This article draws on key findings from a study conducted in rural New South Wales, Australia. The study interviewed 49 rural service providers working in human services and the criminal justice system. The application of architecture of rural life as a conceptual tool demonstrates challenges with service provision in a rural setting. The main results of this study found that this architecture operates as a silencing form of social control in three distinctive ways. Firstly, shame about being a victim of domestic violence encourages rural women's complicity in remaining silent. Secondly, family privacy maintains a veil of silence that accentuates rural women's social and economic dependency on men. Thirdly, community sanctions act as a deterrent to women seeking help.

When death is not a crime : challenges for police and policing

The over-representation of vulnerable populations within the criminal justice system, and the role of police in perpetuating this, has long been a topic of discussion in criminology. What is less discussed is the way in which non -criminal investigations by police, in areas like a death investigation, may perpetuate similar types of engagement with vulnerable populations. In Australia, as elsewhere, it is the police who are responsible for investigating both suspicious and violent deaths like homicide as well as non - suspicious, violent deaths like accidents and suicides. Police are also the agents tasked with investigating deaths which are neither violent nor suspicious but occur outside hospitals and other care facilities. This paper reports on how the police describe - or are described by others - their role in a non - suspicious death investigation, and the challenges that such investigations raise for police and policing.

Investigating death among vulnerable and marginalised populations

As criminologists we are already very aware of the ways in which prejudice and moral panics can influence how criminal justice personnel engage certain populations in the criminal justice system (Hudson 2008). What may be less well-known is how similar ways of thinking and acting also occur in non-suspicious coronial death investigations. This is because these systems have a lot in common. Similar populations are over-represented in both and this tends to mean that the same populations come to the attention of police, magistrates and pathologists as offenders in the criminal justice system and when their families are victims in the coronial system (Carpenter and Tait 2009; Cuneen 2006). It is also the case that a criminal lens can pervade non-criminal death investigations especially when the experience and training of many coronial professionals is in the criminal justice system (Carpenter, Tait and Quadrelli 2013). This can mean that similar strategies are relied upon by personnel when dealing with families when they are both victims and offenders.

Forensic victimology

Forensic victimology is intended to serve the justice system by educating it. This area of study is aimed at helping to provide for informed investigations, to require scientific examinations of victim evidence to be presented in court, and to result in more informed legal outcomes. The purpose of this chapter is to provide a discussion regarding the nature and scope of forensic victimology, its investigative implications, and its impact on court proceedings. We will begin with a brief section outlining the more Traditional Victimology...

Investigating death: the emotional and cultural challenges for police

The over-representation of vulnerable populations within the criminal justice system, and the role of police in perpetuating this, has long been a topic of discussion in criminology. What is less discussed is the way in which non-criminal investigations by police, in areas like a death investigation, may similarly disadvantage and discriminate against vulnerable populations. In Australia, as elsewhere, it is police who are responsible for investigating both suspicious and violent deaths like homicide as well as non-suspicious, violent deaths like accidents and suicides. Police are also the agents tasked with investigating deaths which are neither violent nor suspicious but occur outside hospitals and other care facilities. This paper, part of a larger funded Australian research project focusing on the ways in which cultural and religious differences are dealt with during the death investigation process, reports on how police describe – or are described by others – during their role in a non-suspicious death investigation, and the challenges that such investigations raise for police and policing. The employment of police liaison officers is discussed as one response to the difficulty of policing cultural and religious difference with variable results.

Claire Renzetti (2013) Feminist Criminology. London, UK:Routledge

Feminist Criminology, a recent addition to the suite of slimline Key Ideas in Criminology Series (Routledge), captures and retrospectively unpacks the complexity, diversity and essence of feminist criminology. Claire Renzetti provides a rich, engaging and thought‐provoking account, taking the reader on a journey encompassing the historical, legal, sociological and psychological dimensions that examine the context, synergies and disjunctions among past, present and future feminist criminologies. Her unique approach considers the micro and macro dimensions of, and impact within, the discipline, academy, criminal justice system and society more broadly. Emphasising the fluidity underpinning feminist perspectives, Renzetti contends that ‘there is no single unitary perspective in criminology’, with feminist criminology offering ‘a diverse collection of theoretical perspectives and methods’ (p. 99). Opting for the path less travelled and rejecting the marginalising of feminist criminology with the notional ‘add and stir’ approach, Renzetti advocates moving beyond a tolerance approach to one that embeds analyses of gender, ‘race’ and class within mainstream criminological research paradigms. Charting the development of feminist criminology from the 1970s to the present, Renzetti offers ‘an assessment of criminology’s potential for shaping the future of our discipline’ and the practice of criminal justice (p. 1). Feminist Criminology is organised into five chapters, each progressing concise summaries of feminist approaches, contributions to criminological practice, and shifting academic landscapes; the text concludes with an appraisal of future directions for feminist criminology.

Romantic terrorism: An autoethnography of domestic violence, victimization and survival

Romantic Terrorism offers an innovative methodology in exploring the ways in which domestic violence offenders terrorise their victims. Hayes and Jeffries employ a collaborative auto-ethnographic approach to analyse their own lived experiences of domestic violence, particularly how romantic love is employed and distorted by abusers. Its focus on the insidious use of tactics of coercive control by abusers opens up much-needed discussion on the damage caused by emotional and psychological abuse, which are often overlooked or downplayed in both the literature and the criminal justice system. To this end, it offers strategic advice for policy-makers, practitioners, and criminal justice professionals involved in domestic violence service provision.