'Devils and dust' : extending the 'uncivil politics of law and order' to the 'war on terror'

The ‘war on terror’ and ongoing terrorist attacks around the world have generated a growing body of literature on national and international measures to counteract terrorist activity. This detailed study investigates an aspect of contemporary counter-terrorism that has been largely overlooked; the impact of these measures on the continued viability of the democratic state.

Challenges to Criminal Justice Reform

The Promise of Law Reform the most comprehensive examination of the institutions and processes of law reform published in the common law world and provides a rich source of information, inspiration and ideas. It is an edited collection of 30 essays published to celebrate the 30th anniversary of the Australian Law Reform Commission. The authors - law reform commissioners, judges, academics, politicians, government officials, and journalists - reflect the plurality of law reform styles and structures, within Australia and overseas. They cover the broad themes of the history, purpose and function of law reform; institutional design of law reform agencies; methodology and operations; how successful law reform should be assessed and judged; cooperation and mutual assistance; other law reform initiatives; and law reform in action.

Commissions of Inquiry and Penal Reform

As prison populations increase in Australia and worldwide, Corrections Criminology is a timely stocktake of what we know about corrections. The book encompasses corrections in the community as well as private and public prisons, and is written by leading academics and senior practitioners. The book covers seven main themes: Trends in Correctional Populations (in Australia and worldwide) The Objectives, Standards and Efficacy of Imprisonment, including key issues such as accountability, treatment of prisoners, security and privatisation Special Prison Populations, such as Indigenous, female and ageing prisoners Prisoner Health, including mental health and strategies for minimising self-harm Rehabilitation and Reparation, including consideration of “what works?” and post-release support Correctional Officers, particularly considering the changing career of corrections staff and Future Directions in corrections.

Royal Commissions and Criminal Justice : Behind the Ideal

Royal commissions are approached not as exercises in legitimation and closure but as sites of struggle that are heavily traversed by power holders yet are open to the voices of alternative and unofficial social groups, social movements, and individuals. Three case studies are discussed that highlight the hegemony of the legal methodology and discourse that dominate many inquiries. The first case, involving a single-case miscarriage inquiry, involves a man who was accused, convicted, and served a prison sentence for the murder of his wife. Nineteen years following the murder another man confessed to the crime. The official inquiry found that nothing had gone wrong in the criminal justice process; it had operated as it should. Thus, in the face of evidence that the criminal justice process may be flawed, the discursive strategy became one of silence; no explanation was offered except for the declaration that nothing had gone wrong. The fallibility of the criminal justice system was thus hidden from public view. The second case study examines the Wood Royal Commission into corruption charges within the NSW Police Service. The royal commission revealed a bevy of police misconduct offenses including process corruption, improper associations, theft, and substance abuse, among others. The author discusses the ways in which the other criminal justice players, the judiciary and prosecuting attorneys, emerge only briefly as potential ethical agents in relation to police misconduct and corruption and then abruptly disappear again. Yet, these other players are absolved of any responsibility for police misconduct. The third case study involves a spin-off inquiry into the facts surrounding the Leigh Leigh rape and murder case. This case illustrates how official inquires can seek to exclude non-traditional viewpoints and methodologies; in this case, the views of a feminist criminologist. The third case also illustrates how the adversarial process within the legal system allows those with power to subjugate the viewpoints of others through the legitimate use of cross-examination. These three case studies reveal how official inquiries tend to speak from an “idealized conception of justice” and downplay any viewpoint that questions this idealized version of the truth.

Prisoners as Citizens

As prison populations continue to expand across the western world the question of the rights of prisoners has become an increasingly pressing issue, particularly in the light of new human rights discourses. This important new book gives voice to a diverse range of viewpoints arising out of this debate in the Australian context, while the issues raised will have powerful echoes elsewhere. The contributors to this book include the prisoners themselves, human rights activists, academics, criminal justice policy makers and practitioners. Overall the book presents a powerful argument that prisoners do and should have rights in any society that professes to be a democracy, bringing to the fore a debate that society would often prefer to forget.

Searching for a social democratic narrative in criminal justice

Paul Keating recently noted that what the Rudd Government lacked was an overall narrative or story. I would like to argue that Paul Keating is correct and suggest a narrative: that of retrieving and defending aspects of our social democratic heritage from some of the damaging effects wrought by neo-liberalism. Moreover I want to argue that criminal justice policy needs to be seen as a part of this broader narrative, which requires it being prised from its current site, where it is wedged firmly in the narrative of law and order.

Sport and the law : waiting for Snicko

It is just past that time of year: the semis and finals of the winter sporting codes have come and gone.. As a result, the decisions of video refs and disciplinary citing committees working off video replays have assumed even more importance.

Speaking too soon : the sabotage of bail reform in New South Wales

Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have unintended consequences: in short, they are a mess. The whole process of reversal is an example of law and order politics driven by the shock jocks and tabloid media, the views of which, are based on fundamental misconceptions of the purpose of bail and its place in the criminal process, resulting in a conflation of accusation, guilt and punishment. Other consequences of the review and amendments process recognised in this article include the denigration of judicial expertise and lack of concern with evidence and process; the disproportionate influence of the shock jocks, tabloids and Police Association of NSW on policy formation; the practice of using retired politicians to produce ‘quick fix’ reviews; and the political failure to understand and defend fundamental legal principles that benefit us all and are central to the maintenance of a democratic society and the rule of law. The article concludes with some discussion of ways in which media and political debate might be conducted to produce more balanced outcomes.

DTM AT 25: ESSAYS ON THEMES AND FUTURE DIRECTIONS

This paper describes the development and evolution of research themes in the Design Theory and Methodology (DTM) conference. Essays containing reflections on the history of DTM, supported by an analysis of session titles and papers winning the ``best paper award'', describe the development of the research themes. A second set of essays describes the evolution of several key research themes. Two broad trends in research themes are evident, with a third one emerging. The topics of the papers in the first decade or so reflect an underlying aim to apply artificial intelligence toward developing systems that could `design'. To do so required understanding how human designers behave, formalizing design processes so that they could be computed, and formalizing representations of design knowledge. The themes in the first DTM conference and the recollections of the DTM founders reflect this underlying aim. The second decade of DTM saw the emergence of product development as an underlying concern and included a growth in a systems view of design. More recently, there appears to be a trend toward design-led innovation, which entails both executing the design process more efficiently and understanding the characteristics of market-leading designs so as to produce engineered products and systems of exceptional levels of quality and customer satisfaction.

Enhanced Thermoelectric Performance at the Superionic Phase Transitions of Mixed Ion-Electron Conducting Materials

The quality of a thermoelectric material is judged by the size of its temperature de- pendent thermoeletric-figure-of-merit (zT ). Superionic materials, particularly Zn₄Sb₃ and Cu₂Se, are of current interest for the high zT and low thermal conductivity of their disordered, superionic phase. In this work it is reported that the super-ionic materials Ag₂Se, Cu₂Se and Cu_1.97Ag_0.03Se show enhanced zT in their ordered, normal ion-conducting phases. The zT of Ag₂Se is increased by 30% in its ordered phase as compared to its disordered phase, as measured just below and above its first order phase transition. The zT ’s of Cu₂Se and Cu_1.97Ag_0.03Se both increase by more than 100% over a 30 K temperatures range just below their super-ionic phase transitions. The peak zT of Cu₂Se is 0.7 at 406 K and of Cu_1.97Ag_0.03Se is 1.0 at 400 K. In all three materials these enhancements are due to anomalous increases in their Seebeck coefficients, beyond that predicted by carrier concentration measurements and band structure modeling. As the Seebeck coefficient is the entropy transported per carrier, this suggests that there is an additional quantity of entropy co-transported with charge carriers. Such co-transport has been previously observed via co-transport of vibrational entropy in bipolaron conductors and spin-state entropy in Na_xCo₂O₄. The correlation of the temperature profile of the increases in each material with the nature of their phase transitions indicates that the entropy is associated with the thermodynamcis of ion-ordering. This suggests a new mechanism by which high thermoelectric performance may be understood and engineered.

A precisely-dated lake-level rise marked by diatomite formation in northeastern Ireland

The intercorrelation of palaeoclimate events from various studies is often hindered by a lack of precise chronological control. Tephra isochrons can overcome this problem by providing direct site linkages. This paper outlines a study of Holocene peat and diatomite deposits that accumulated within the floodplain of Lough Neagh, Northern Ireland. The Icelandic Hekla 4 tephra has been identified at the base of diatomite deposits at a number of sites and provides firm dating evidence for a widespread flooding event in the area at ca. 2300 BC. The evidence is consistent with other studies in Ireland and elsewhere for increased wetness at this time. The results demonstrate that the terrestrial deposits around Lough Neagh contain an important record of Holocene lake-level change. Dendrochronological evidence from the Lough Neagh area provides additional information about lake-level fluctuations over the past two millennia.