Unfair punishment : when criminal record checks lead to discrimination

Applying for a job is stressful enough, but if you have a criminal record, even if it’s not relevant to the job you’re applying for, it can be a nightmare.

Employers in Australia regularly discriminate on the grounds that a person has an irrelevant criminal record and checking criminal records is on the increase. The number of criminal record checks undertaken in Victoria have risen by almost 6,000% since 1993.

It is concerning then that the few laws that prohibit discrimination on the basis of irrelevant criminal record lack real teeth.

The mandatory life sentence for murder : an argument for judicial discretion in England

In 1965, alongside the abolition of capital punishment, a mandatory life sentence for murder was implemented in England and Wales. The mandatory life sentence served as a signal to the public that the criminal justice system would still implement the most severe sanction of life imprisonment in cases of murder. Nearly 50 years later, this article examines whether the imposition of a mandatory life sentence for murder is still in the best interests of justice or whether English homicide law would be better served by a discretionary sentencing system. In doing so, the article considers debates surrounding the political and public need for a mandatory life sentence for murder by drawing upon interviews conducted with 29 members of the English criminal justice system. This research concludes that a discretionary sentencing framework is required to adequately respond to the many contexts within which the crime of murder is committed.

Hope for resurrecting a functionally extinct parrot or squandered social capital? Landholder attitudes towards the Orange-bellied Parrot (Neophema chrysogaster) in Victoria, Australia

In early 2010, after 27 years of recovery effort, the orange-bellied parrot (OBP; Neophema chrysogaster) was expected to be extinct in the wild within a few years. Shortly before the imminent wild extinction became evident, we surveyed landholders (114 responses of 783 surveys delivered) in part of the main non-breeding area, according to three classes of modelled habitat suitability ('high', 'medium', and 'low'). Predictions of the habitat models appear to correlate with landholder perceptions of the presence of OBP habitat on private land, thus the models appear a tractable way to identify key stakeholders worthy of priority consultation in relation to habitat works. Landholders were sympathetic to wetlands and birds, including OBPs (89.4% were aware of OBPs). Most indicated that they would be upset if the OBP went extinct and agreed that critical habitat should be protected; 80.7% were prepared to consider changes to the way they managed their land to benefit the species, and sought more information on how they could do so (64.0%). This study suggests that the habitat model usefully identified key stakeholders and the OBP enjoyed high awareness, concern, and engagement among many stakeholders, shortly before the species was considered functionally extinct. The maintenance of landholder support is likely to be critical if future attempts are made to reintroduce the species to the wild.

Social capital framework in the adoption of e-learning

This is a study of the influence of social and cultural factors on the adoption of e-­learning in higher education in Malaysia, Indonesia, Turkey, Singapore and Australia. Particular attention in each case was given to factors relating to social capital, attitudes and patterns of behavior in leadership, entrepreneurialism, and teaching and to broader sets of attitudes that shape general outlook. A case study approach was chosen in order to enable a richer and more finely grained analysis of the issues. The case studies are based on semi-­structured interviews and observations conducted over several years. This research shows that previously known factors that affect the adoption of e-­learning in higher education, namely, policy, guidelines, paradigm shifts and pedagogical change, are also significant in the contexts of each of the case studies in this research. However, this research shows that the adoption and uptake of e-­learning technologies is also strongly shaped by cultural and social factors but not in ways that might first have been expected. It is not so much that there are specific cultural and social factors relating to specific e-­learning technologies, but rather, that the degree of uptake of these technologies depends on teachers being encouraged, guided and assisted to innovate and adopt new technology. This can only occur when there is sufficient social capital, mediated through appropriate social networks, to build trust, overcome objections and anxieties, and generally motivate staff to engage in challenging, time-­consuming initiatives in e-­learning that generally do not promise immediate rewards.

Certain culture-­based issues emerged as important. These included staff mentoring, clustering through ‘bamboo networking’, trust-­building and overcoming fear of ‘losing face’ (kiasu), facilitating women to take the initiative and lead, developing sensitivity to cultural differences, encouraging entrepreneurialism and rewarding pioneering endeavours, all of which were present in varying degrees across all five case studies. There were subtle variations on a central theme, which was clearly that of the impact of social capital as a driver. It was social capital played out through personal relationships and social networks that most strongly influenced individual teachers to be sufficiently motivated to add to an already busy schedule by taking on the additional burdens of pioneering e-­learning technology and it was those social relationships that provided guidance and ongoing encouragement. As a consequence of these findings, this study offers a social capital model of e-­learning adoption, which suggests that the adoption and uptake of e-­learning technologies is strongly shaped by cultural and social factors.

Tertius tactics : 'mediated social capital' as a resource of power for traditional commercial news media

This essay reconceptualizes “social capital” as it relates to scholarship regarding the traditional news media. Much academic attention links the news media to Robert Putnam's view which focuses on social capital as enhancing “civic pride” and collective/community involvement. I suggest Putnam's perspective is often adopted without wider exploration of what the theory may offer the future of the commercial news media in western societies. This essay proposes the term “mediated social capital” may be a more suitable lens through which to consider this theory, taking a cue from Pierre Bourdieu who views social capital as a resource of power that may be utilized to maintain or build a position of advantage.