The right to an impartial hearing trumps the social imperative of bringing accused to trial even 'down under'

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence.

Improving the management of knowledge through optimizing ICT support

The use of Information Communications Technology (ICT) within a project framework requires that the sponsoring organization and project teams strategy work together to ensure that knowledge is stored and made available to the project team. To obtain the greatest benefits to the organization, this information must be made available to other teams once the project is completed. This requires sponsorship for the knowledge management processes that continues after projects are completed and a set of tools and ICT processes that facilitate the management and storage of appropriate information within an ICT solution.

The aesthetic image : affect and the production of knowledge in practice-led research

This paper addresses the question of how we might provide practitioners with a framework for understanding how affect and aesthetic processes generate images that are implicated in the production of new knowledge in creative arts research. Drawing on the thought of Julia Kristeva, it examines the aesthetic underpinnings of discovery and the significance of this for research training and the development of more effective pedagogies both within and beyond the university.

Aesthetic experience and innovation in practice–led research

Within the context of ERA, this paper addresses the question of how we might provide practitioners with a framework for understanding creative arts research as the production of new knowledge. Drawing on the thought of Julia Kristeva, it examines the aesthetic underpinnings of discovery and the implications and significance of this for research training and the development of more effective pedagogies both within and beyond the university.
Kristeva’s work constitutes both an implicit and explicit critique of science allowing us to conceive of artistic research as an experiential and performative production of knowledge. As a mode of enquiry, artistic practice reveals the inextricable and necessary relationship between practice and theory, interpretation and making, art and life. This interrelationship underpins the aesthetic dimension of revolutionary practice and its production of unfamiliar or mutant forms of knowledge that is often difficult to grasp in terms of its capacity to engender social change and innovation. In the context of creative arts practice as research, the notion of experience-in-practice indicates that interpretation and analysis must fall to the practitioner-researcher, himself or herself, rather than to another person who has been external to the procedures of making, to trace the significant experiential, subjective and emergent processes involved in the production of the work that allows it to reveal the new. This is necessary if the generative and revolutionary impact of artistic research is to be fully understood in the wider research arena. In the final part of this paper, I will apply and illustrate these ideas through an analysis of a number of artistic research projects successfully completed in Australia.

An exploratory cluster randomised controlled trial of knowledge translation strategies to support evidence-informed decision-making in local governments (The KT4LG study)

Background: Childhood overweight and obesity is the most prevalent and, arguably, politically complex child health problem internationally. Governments, communities and industry have important roles to play, and are increasingly expected to deliver an evidence-informed system-wide prevention program. However, efforts are impeded by a lack of organisational access to and use of research evidence. This study aims to identify feasible, acceptable and ideally, effective knowledge translation (KT) strategies to increase evidence-informed decision making in local governments, within the context of childhood obesity prevention as a national policy priority.
Methods/Design: This paper describes the methods for KT4LG, a cluster randomised controlled trial which is exploratory in nature, given the limited evidence base and methodological advances. KT4LG aims to examine a program of KT strategies to increase the use of research evidence in informing public health decisions in local governments. KT4LG will also assess the feasibility and acceptability of the intervention. The intervention program comprises a facilitated program of evidence awareness, access to tailored research evidence, critical appraisal skills development, networking and evidence summaries and will be compared to provision of evidence summaries alone in the control program. 28 local governments were randomised to intervention or control, using computer generated numbers, stratified by budget tertile (high, medium or low). Questionnaires will be used to measure impact, costs, and outcomes, and key informant interviews will be used to examine processes, feasibility, and experiences. Policy tracer studies will be included to examine impact of intervention on policies within relevant government policy documents.
Discussion: Knowledge translation intervention studies with a focus on public health and prevention are very few in number. Thus, this study will provide essential data on the experience of program implementation and evaluation of a system-integrated intervention program employed within the local government public health context. Standardised programs of system, organisational and individual KT strategies have not been described or rigorously evaluated. As such, the findings will make a significant contribution to understanding whether a facilitated program of KT strategies hold promise for facilitating evidence-informed public health decision making within complex multisectoral government organisations.

Liberating from literalness : making space for meaningful forms of abstraction

There is a need for some alternative approaches to the way that undergraduate teacher education programs have traditionally been delivered. Our warrant for this assertion is derived, in the first instance, from the work of Aronowitz and Giroux who have argued that there are many different signs of a crisis of cognition within all levels of education. Twenty years later the conditions that they described seem even more entrenched. This paper argues for a fresh inquiry into the deeper logics of learning and teaching, by drawing primarily on the work of James, Dewey, Kierkegaard, Britzman and Mackay. There is also a brief inclusion of anecdotes from some initial applications of these theories into our own practice.

The social construction of leadership education

Most leadership theories assume that leadership is a quality of leaders (e.g., trait theory), or a response to environments (e.g., situational theory), or a combination of both (e.g., contingency theory). In all these approaches leadership is something knowable and definite. However, after years of research there is no agreed definition of what leadership is or any universal agreement about who might be regarded a leader. This paper outlines an alternative approach in which leadership is a contested construct and describes two engaging teaching techniques that align pedagogic approach with the underlying theory. In doing so this paper makes a case for the adoption of socially-constructed theories in leadership education

Governing the working population : knowledge, self and power in workplace health programs

This paper reports a case study of a workplace health programme in an international information technology company. Discourse analysis was used to identify how specific forms of knowledge create understandings of health and influence power relations between employee and organization. These forms of knowledge are shown to make employee health both visible and invisible in particular ways. Workplace health discourse encourages the employee to take responsibility for self-assessment and behaviour adjustment to become healthier employees. This is shown to be an ethical project which results in the alignment of personal and corporate goals.

Towards the improved treatment of generalization of knowledge claims in IS research : drawing general conclusions from samples

This paper presents a framework for justifying generalization in information systems (IS) research. First, using evidence from an analysis of two leading IS journals, we show that the treatment of generalization in many empirical papers in leading IS research journals is unsatisfactory. Many quantitative studies need clearer definition of populations and more discussion of the extent to which ‘significant’ statistics and use of non-probability sampling affect support for their knowledge claims. Many qualitative studies need more discussion of boundary conditions for their sample-based general knowledge claims. Second, the proposed new framework is presented. It defines eight alternative logical pathways for justifying generalizations in IS research. Three key concepts underpinning the framework are the need for researcher judgment when making any claim about the likely truth of sample-based knowledge claims in other settings; the importance of sample representativeness and its assessment in terms of the knowledge claim of interest; and the desirability of integrating a study’s general knowledge claims with those from prior research. Finally, we show how the framework may be applied by researchers and reviewers. Observing the pathways in the framework has potential to improve both research rigour and practical relevance for IS research.