The identification of implicit theories in domestic violence perpetrators

An understanding of how the beliefs of domestically violent offenders might influence their abusive behavior is central to the development and delivery of any intervention program that aims to reduce the risk of further violence against women and children. This article reports the results of a preliminary investigation into the core beliefs of a sample of domestically violent men. Three major themes emerged from an analysis of the accounts of their violence, which were understood in relation to three implicit theories that participants held about themselves, their relationships, and the world. These are discussed in terms of previous studies of offender cognition, how domestic violence programs might be conceptualized, and their implications for practice.

Murder, self defence, defensive homicide?

Research focussed on recent amendments to Victorian homicide defence legislation, investigating community decisions in cases where a fatality followed an alleged sexual assualt. Findings suggest that legislation may not match community sentiment and jurors require comprehensive instructions. Further, relationship history, accused, deceased and juror gender have an impact on verdict.

Elements of psychological maturity and its influence on antisocial and criminal behavior

Insights from developmental psychology provide a useful perspective from which to understand why young people might engage in higher levels of antisocial behavior than adults. They can also be useful in term of highlighting which aspects of development result in young people making less mature judgments. Yet despite this extensive body of knowledge, there is no psychological or legal definition of maturity that can be applied to legal decision making. Within a criminal context, investigations of adolescent immaturity have emphasized cognitive factors, influenced by the informed consent model which places a premium on factors such as “knowledge” and “competence”, with an emphasis on cognitive functioning (e.g., thinking, reasoning, and understanding). This approach has been criticized for failing to adequately illustrate differences between adolescent and adult decision making. This paper reviews the notion of psychological maturity and comments on the importance of a broader assessment that includes psychosocial factors in the face of a growing trend in many jurisdictions to transfer juvenile offenders to the adult jurisdiction based on the severity of crime committed rather than their level of culpability.

The emergence and development of specialist courts : lessons for juvenile justice from the history of the children’s court in South Australia?

To illustrate how specialist courts have developed to manage juvenile offenders, this paper provides an overview of the history and development of the youth court in one jurisdiction, South Australia. Drawing on interviews conducted with judicial officers, the paper seeks to highlight some of the changes that have taken place since the Court’s inception, as well as how the Court currently understands its role and positioning within the broader justice and welfare systems. Key discussion points of these interviews included the Youth Court’s guiding principles and how they impact on court procedures and responses to young people in the system, as well as the challenges that limit, or create difficulties for, the effective operation of the Youth Court. It is concluded that the Youth Court system attempts to balance both welfare and justice approaches to dealing with young people, but are sometimes hindered by inadequate procedural, structural and resource-related factors – some of which exist externally to the Youth Court itself.

Offender rehabilitation : current problems and ethically informed approaches to intervention

Rehabilitation programmes are widely offered to offenders in custodial and community settings around the world. Despite the existence of a large evidence base that identifies features of effective practice, levels of programme integrity remain low and are widely believed to undermine successful rehabilitation. In this paper it is suggested that conceptualising rehabilitation as a moral activity which involves assisting offenders to make better ethical decisions is one way to address some of the difficulties in the delivery of rehabilitation programmes that potentially lead to low levels of integrity, thereby increasing effectiveness.

Child maltreatment in stepfamilies : the impact of mother's dating behaviour

This thesis explored the relative utility of evolutionary and ecological theories to understand under which conditions children in non-biological families are most at risk of childmaltreatment.  The study revealed that single-mothers have complex needs and stressors, which may increase their vulnerability and impact on decisions made in selection of partners.

Police and Vietnamese-Australian communities in multi-ethnic Melbourne

This paper explores practical solutions to sensitive community policing issues, drawing on an Australian case study of relations between police and Australian-Vietnamese communities. The paper summarizes initial research on the attitudes of Australian-Vietnamese community members and police to one another and to security and crime. Despite three decades of community policing, there is only limited communication flow between Vietnamese-Australian citizens including offenders and victims and police. The question is whether partnership policing can fill the gap. For police, this involves understanding not only ethnic distinctiveness but also intergenerational issues, tensions within cultural groups, and changing complex forms of membership and affiliation.

The pyjama girl mystery : a true story of murder, obsession and lies

The pyjama girl was an unknown woman, found dumped by a road nesrl Albury in 1934. She had been brutally murdered. Who was she, and who killed her, become Australia's great unsolved crime for decades. The body was preserved in formalin, her image circulated around the world. The mystery fascinated the nation and, for some, became an obsession. Ten years later, the body was identified and a man was convicted of her manslaughter. The case, it seemed, was neatlty solved. But this 'solution', advanced by police, accepted by the courts and the media, and since repeated endlessly, was a lie. Behind the lie is a troubling story of murder and obsession, of a wild conspiracy theory, of police corruption and a miscarriage of justice, and of a real killing which floated free from reality and became a myth.

Mental health diversion courts : some directions for further development

Recent years have seen a growth in the number of specialist courts operating in Australia, including those which aim to address the needs of mentally disordered offenders. This article describes some of the key characteristics of mental health courts, using case studies from the most established court in Australia, the South Australian Magistrates Court Diversion Program (MCDP). This is followed by a consideration of some factors that may affect the future development of this type of program. It is concluded that there is a need to pay careful attention to issues of risk assessment and risk management if the dual goals of improving both the health of individual and the safety of the community are to be realised.

The quality of community reintegration planning for child molesters : effects on sexual recidivism

Research on the causal factors underlying sex offender recidivism has not considered the success or failure of the reintegration process by which the offender rejoins the community after prison. The authors developed a coding protocol to measure the quality and comprehensiveness of reintegration planning for sex offenders. The protocol was retrospectively applied to groups of recidivists and nonrecidivists who were matched on static risk level and follow-up time. The protocol demonstrated adequate reliability. Compared to nonrecidivists, recidivists had significantly lower scores relating to accommodation, employment, and the Good Lives Model secondary goods, as well as lower total reintegration plan scores. ANCOVAs showed that when IQ and level of sexual deviance were controlled for, accommodation (a place to live) was significantly related to sexual recidivism and the Good Lives Model—secondary goods was significantly related to any recidivism. These results suggest that poor reintegration planning may be a risk factor for recidivism.

The increasing criminalization of economic law : a competition law perspective

Purpose – The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of extending the criminal law to this conduct. In addition, it will consider some of the legal implications, including the exposure of directors of companies to potential racketeering charges.
Design/methodology/approach – The paper first examines cartel theory and the justification for prohibition. The paper then identifies the emerging trend toward criminalization of hard core cartel conduct, followed by an assessment of potential justifications for criminalization. Implications of criminalization, including the potential impact of organized crime legislation on offenders and regulators, will then be considered.
Findings – There is a clear trend towards the criminalization of hard core cartels. The paper argues that this trend is appropriate, both because of the moral culpability it attracts and because of its potential to enhance general deterrence. The paper also argues that cartel conduct, in jurisdictions in which it is criminalized, will constitute “organized crime” as defined in the Palermo Convention and, as such, expose participants to potential money laundering and asset forfeiture consequences.
Originality/value – This paper is of value to governments and regulators considering adoption or implementation of a criminal cartel regime and to practitioners in advising clients about potential consequences of cartel conduct within a criminal regime.

Improving the legal aspects of police interviewing of suspects

The purpose of this paper is to provide some guidance to police interviewers and trainers in relation to improving the legal aspects of police questioning of suspects. The paper is written with reference to Victorian legislation. Sixteen professionals (defence barristers, academics, prosecutors, and detectives), all with extensive knowledge of the law and experience evaluating police interviews with suspects, took part in individual indepth interviews (M ¼ 100 minutes). The aim of the interviews was to discuss the limitations of police interviews with suspects and to provide exemplars of concerns from a set of de-identified transcripts that had been provided to the professionals prior to their interviews with us. Overall, four key limitations were raised: (a) inadequate particularisation of offences, (b) inappropriate phrasing of questions, (c) poor introduction of allegations, and (d) questions that unfairly ask the suspect to comment on the victim’s perspective. These concerns and their practical implications are discussed.

Assessing the therapeutic climate of prisons

This study examined perceptions of the prison social climate in two Australian prisons from the perspective of both prison staff and prisoners. Ratings of social climate were compared between a specialist treatment prison that provides intensive rehabilitation programs to violent, sexual, and substance-using offenders and a mainstream prison that does not specialize in offender rehabilitation. The results suggested that staff and prisoners at the specialist treatment prison rated the social climate as more conducive to rehabilitation, although the differences were less pronounced for prisoners. These findings are discussed in relation to the development of specialist therapeutic prisons and how assessments of social climate might inform assessments of their success.