Homicide, self-defence and the (inchoate) criminology of battered women

Law reform is increasingly underpinned by empirical research. This is clearly evident in contemporary reform of the laws of self-defence and homicide. These reforms have been motivated largely by concern for battered women who kill their abusive partners. An extensive body of empirical criminological research has been utilised to identify bias in the operation of the traditional law of homicide and self-defence and has been relied upon by many law reform bodies. This article identifies and evaluates the "implicit criminology" constituted by these empirical studies. Five matters that have formed the backdrop to contemporary reform are investigated: the origins of the law of murder; the operation of the law of self-defence; the historical utilisation of mental state defences by battered women; the circumstances in which battered women kill their abusers; and the trial as a key location for processing these offenders. It is argued that the implicit criminology that has driven reform of the law of homicide and self-defence is largely undeveloped or unsubstantiated. Despite the centrality of concern for battered defendants in much contemporary discussion in criminology and the criminal law, it appears that there is still substantial research to be done to clarify the circumstances in which victims of chronic violence kill their abusive partners, how these defendants experience the law and the availability of self-defence to them. What seems to have been established may be more complex, contingent and inchoate than previously acknowledged.

Phase transformation evolution in NiTi shape memory alloy under cyclic nanoindentation loadings at dissimilar rates

Hysteresis energy decreased significantly as nanocrystalline NiTi shape memory alloy was under triangular cyclic nanoindentation loadings at high rate. Jagged curves evidenced discrete stress relaxations. With a large recovery state of maximum deformation in each cycle, this behavior concluded in several nucleation sites of phase transformation in stressed bulk. Additionally, the higher initial propagation velocity of interface and thermal activation volume, and higher levels of phase transition stress in subsequent cycles explained the monotonic decreasing trend of dissipated energy. In contrast, the dissipated energy showed an opposite increasing trend during triangular cyclic loadings at a low rate and 60âsec holding time after each unloading stage. Due to the isothermal loading rate and the holding time, a major part of the released latent heat was transferred during the cyclic loading resulting in an unchanged phase transition stress. This fact with the reorientation phenomenon explained the monotonic increasing trend of hysteresis energy.

Estimating fatality rates in occupational light vehicle users using vehicle registration and crash data

Objective: To estimate occupational light vehicle (OLV) fatality numbers using vehicle registration and crash data and compare these with previous estimates based on workers' compensation data. Method: New South Wales (NSW) Roads and Traffic Authority (RTA) vehicle registration and crash data were obtained for 2004. NSW is the only Australian jurisdiction with mandatory work-use registration, which was used as a proxy for work-relatedness. OLV fatality rates based on registration data as the denominator were calculated and comparisons made with published 2003/04 fatalities based on workers' compensation data. Results: Thirty-four NSW RTA OLV-user fatalities were identified, a rate of 4.5 deaths per 100,000 organisationally registered OLV, whereas the Australian Safety and Compensation Council (ASCC), reported 28 OLV deaths Australia-wide. Conclusions: More OLV user fatalities were identified from vehicle registration-based data than those based on workers' compensation estimates and the data are likely to provide an improved estimate of fatalities specific to OLV use. Implications: OLV-use is an important cause of traumatic fatalities that would be better identified through the use of vehicle-registration data, which provides a stronger evidence base from which to develop policy responses.

Duration of unemployment and suicide in Australia over the period 1985–2006: an ecological investigation by sex and age during rising versus declining national unemployment rates

Background The relationship between unemployment and suicide may be sensitive to demographic factors, national unemployment rates, and length of time without employment. This study investigated these factors in relation to suicide in Australia for the period 1985–2006, in an ecological study. Methods The outcome variable was annual suicide rate by age group, sex and the eight states and territories over 22 years of observation (total observations=1760). The main predictor variable was the average duration of unemployment in the population, categorised into three time periods (<2 weeks, 2–4 weeks, >4 weeks). Poisson regression models were used to investigate the relationship between duration of unemployment and suicide over the years 1985–2006 in a series of cross-sectional analyses. Interaction analyses indicated significant differences during periods of declining or increasing labour market opportunity and by age group. Results During periods of declining unemployment rates in the country, longer durations of unemployment were associated with higher male suicide rates. During periods of increasing unemployment in the country, longer unemployment duration was associated with lower male suicide rates. Effect modification was also apparent by age-group, with stronger associations between unemployment duration and male suicide evident in those aged 25–34 and 55–64, and weaker associations in those aged 15–24 and 44–54 years. Longer length of unemployment was not associated with an increase in female suicide rates. Conclusions The labour market opportunities in Australia modified the effect of duration of unemployment on suicide, and the effect was more prominent in men and older age groups. This may reflect social norms and acceptability about unemployment, as well as life-stage influences associated with transitions into and out of the labour market.

Validating a teaching survey which drives increased response rates in a unit survey

At Curtin University, student perceptions of teaching and learning are gathered and reported online through eVALUate, a system that includes separate unit and teaching surveys. This article reports the development and validation of one of those surveys, the eVALUate teaching survey, which was developed based on the research literature on excellent teaching and evaluation. Since its development in 2006, repeated statistical testing using progressively larger samples has shown that the survey is valid and reliable. Moreover, the way in which the teaching survey is deployed within eVALUate, appended to the unit survey, which provides crucial institutional data, has significantly increased university response rates. This validated instrument is used for self-reflection, professional development, and rewarding staff.

Modification of the National Inpatient Medication Chart improves venous thromboembolism prophylaxis rates in high-risk medical patients

Background : Venous thromboembolism (VTE) is a significant contributor to morbidity and mortality in Australia. While there is well-established evidence for the use of VTE prophylaxis in hospital inpatients, adherence to such guidelines is poor. Aim : The aim of the present study is to assess the impact of education and system change on improving rates of VTE prophylaxis in hospital inpatients. Methods : We performed four consecutive audits of inpatient medical records of a regional hospital service over 2 years. The audits aimed to test the impact of serial interventions at increasing the appropriate use of VTE prophylaxis (based on risk assessment). The interventions were (i) staff education and (ii) a process change that mandated a prophylaxis decision by modifying the National Inpatient Medication Chart with ‘VTE avoidance’ preprinted in the first medication box. Results : Our results from the baseline study showed that of the 236 medical inpatients reviewed, 80% were at high risk of VTE. Of this high-risk cohort, 34.9% (confidence interval (CI) 28–42%) had appropriate prophylaxis decisions. Post the education intervention, 43.2% (CI 37–49%) of the high-risk cohort received appropriate VTE prophylaxis, an improvement of 8.3% (CI −1% to 18%) from baseline. With the subsequent introduction of a process change, 82.1% (CI 66–92%) of the high-risk cohort received appropriate prophylaxis, an improvement of 47.2% and 38.8% (CI 24–54%) when compared with baseline and education respectively. Retention rates at 11 months postsystem change were 73% (CI 55–86%). Conclusions : This study therefore concluded that while education has an impact on rates of appropriate VTE prophylaxis, it is system change that has the most marked and sustained effect.

Response rates in Australian market research

RICA commissioned Deakin University to “establish whether response rates are in decline in the Australian market research industry and to identify, as far as possible, the reasons for these declines if they exist. This is likely to involve a review of previous research, a literature review and collection of data on response rates provided on a confidential basis and with the assistance of AMSRO to facilitate data provision.”

Attempts were made to contact all listed market research companies in Australia, including all major internet panel companies. While industry co-operation was not high with the study, sufficient data was provided to depict current response rates and to show how they had declined over time. Because of the low contactability issues, this Report proposes the use of better methods to compute the reliability of survey estimates by taking account of past survey results.

The literature review revealed a wealth of recent studies, with the main emphasis being on studies of telephone and internet surveys. This review of the research produced 34 evidence-based guidelines for social researchers. While some of these reflect current practice, the emergence of the internet as the main survey method raises a number of disclosure and sampling issues. Esomar (2012) has produced 28 issues to be raised with providers, which sets the basis for good industry practice. This suggests an opportunity for the industry to adopt these standards as its own and to conduct training courses for major clients and suppliers. There are many panel providers, some of whom are not AMSRO members. AMSRO may need to examine what role it can play in mandating or encouraging adherence to these standards as a way of promoting the industry.

Talks with key industry people, as well as the literature, have revealed the importance of blended surveys, where multiple contact and response mechanisms are used. Particularly where an internet panel is used as one source, this poses representativeness and weighting issues which are difficult to resolve. The Report recommends that where blended survey methods are used, measures be taken to measure contactability in the other contact media, along with more sophisticated weighting schemes. The industry should examine its training courses to ensure that industry expertise keeps pace with these developments.
Summary of Results

The results focus on two main collection methods – the telephone and the internet. As far as the telephone is concerned response rates have been in a gradual decline the last decade. This outcome is hard to detect because the data show considerable fluctuations from one survey wave to the next. Among cold-calling surveys, telephone response rates are typically below 10%, for a range of topics and survey types. Co-operation rates, (the ratio of obtained interviews to refusals) are typically below 0.2 (that is below one interview to five refusals). Telephone interviews with clients have a higher response rate – typically above 20% with co-operation rates above 1.0. It would appear that some topics, such as financial services, may induce a lower level of co-operation. Government sponsored surveys have higher response rates, at times over 50%, but even here a sharp decline in response rates over time for one long running monitor was observed. Co-operation rates were also higher in government sponsored surveys.

One long data series from a telephone omnibus suggested that the “Do Not Call Register” which began in May, 2007 had some positive effects for the industry. Initially there was a spike in both response rates and co-operation. Although this was relatively short-lived, response rates thereafter declined more slowly and co-operation rates were somewhat higher and remained stable. These conclusions should be regarded as tentative as more data series would really be necessary to see if similar trends occurred elsewhere.

As far as the internet is concerned, panel response rates are around the 20% mark and appear to be relatively stable over the last few years. In this case, the gross response rate is the number of interviews divided by the number of invitations sent. As the number of invitations may be a function of the need to fill a survey quickly, it should be considered a gross indicator of response. In order to capture this phenomenon, a further measure has been devised, termed the “attempt rate” which measures the percentage of people who attempt to participate once sent the invitation. The available data suggests that it is relatively stable. However, it is also somewhat susceptible to the time the survey was left open. Finally, a co-operation rate was also calculated. It measures the ratio of completed to terminated interviews, typically at least five interviews to each termination, but often much higher. This measure is not directly comparable with the co-operation rate in telephone surveys because it cannot take account of the number of eligible people on the panel who open the invitation, see the company doing the survey or its length and decide not to take the survey. For internet client studies, response rates were typically somewhat higher than shown for the panels, but there was marked variability.

There was only one study provided of intercept interviews. It showed response rates of over 60% and co-operation rates of nearly 2 interviews per refusal. A strength and a weakness of intercept interviewing is the ability to be selective in who is asked to participate. As for mail, one government sponsored mail survey from 2010 is reported, with a response rate over 50%. The previous review contains more data, as mail appears to be infrequently used within the industry for commercial surveys.

While surveys remain a major and highly effective tool for the industry and its clients, issues with contactability and co-operation mean that even closer attention is needed to survey design, sampling, weighting and analysis than was previously the case.