News judgements: a critical examination of reporting non-convictions for minor crimes

This paper considers issues related to the reporting of non-convictions for minor criminal offences. The entry point for the discussion is a content analysis of press court reporting across the Australian state of Victoria that shows that many newspapers report non-convictions. The paper observes that as the practice of reporting non-convictions has extended into digital space, a person the local court decides should not have a black mark recorded against their name can now be named and shamed before a global audience for an indefinite period. 

The digital pillory: media shaming of 'ordinary' people for minor crimes

This paper discusses the intensified role of the media in shaming ‘ordinary' people when they commit minor offences. We argue that shaming is a powerful cultural practice assumed by the news media in western societies after it was all but phased out as a formal punishment imposed by the judiciary during the early nineteenth century. While shaming is no longer a physically brutal practice, we reconceptualize the idea of a ‘lasting mark of shame' at the hands of the media in the digital age. We argue that this form of shaming should be considered through a lens of media power to highlight its symbolic and disciplinary dimensions. We also discuss the role new and traditional media forms play in shaming alongside formal punishments imposed by the judiciary. While ‘ordinary' people armed with digital tools increase the degree of disciplinary surveillance in wider social space, traditional news media continue to play a particularly powerful role in shaming because of their symbolic power to contextualize information generated in social and new media circles and their privileged position to other fields of power.

Naming and shaming: a report on media shaming for minor crimes in Victoria

This exploratory study examines the power of the news media to publicly name ordinary people who receive non-convictions for committing minor crimes. If a magistrate imposes a non-conviction, it means the offender is guilty, but gets a chance to reform away from the public gaze. They are not required to reveal the crime in any job application, and it does not restrict them from overseas travel. This report argues that the power of media to report non-convictions is an issue of national importance in this changing digital landscape because the news media can impose relatively permanent public records, especially in digital space, that detail's one's minor misdemeanour.

Mediación penal en menores y adultos

[ES]Se aborda la Mediación Penal desde la perspectiva de la nueva normativa que ha entrado en vigor o estará vigente próximamente. Incluye un estudio sobre la supresión de las faltas, la creación de los denominados Delitos Leves en el Código Penal y la incorporación del Principio de Oportunidad. (Reforma del Código Penal y Ley de Enjuiciamiento Criminal). Especial relevancia del Estatuto de la Víctima del Delito, y la influencia y aplicación a Víctimas de Violencia de Género. Así como la especial consideración a la Justicia Restaurativa en la Mediación Penal. Se elabora un estudio sobre la Mediación Penal en los Anteproyectos de Reforma de 2011 y 2012.

Media as pillory: the power to 'name and shame' in digital times

This article reports on research being undertaken with the support of the Victorian Law Foundation that looks into media shaming of 'ordinary' people who commit minor crimes and how it might be changing in digital times.

Indelible shame? News reporting of non-convictions in digital space

This paper examines the role of media in publicising the names of people who receive a non-conviction for a minor crime. It positions the news media’s ability to “name and shame” people who appear before the courts as a powerful cultural practice, rather than adopt a widely celebrated Fourth Estate view of the press as a watchdog on the judicial process. The research draws on interviews conducted in two regional centres of Victoria, Australia, with those involved in news coverage of very minor crimes where non-convictions were imposed. Their spoken words reveal a range of tensions linked to reporting non-convictions in the digital age. In the eyes of the law, a non-conviction means that an offender has an opportunity to rehabilitate away from the public gaze. However, the news media ‘s ability to name such offenders online has the potential to impose a lasting “mark of shame” in digital space that can prevent them gaining employment or housing, and damage their social standing and relationships. We live in a media-saturated culture in which the vast majority of people rely on news media for information about judicial proceedings and in turn, the news media constructs public understanding of the law through the way it represents crime and court processes. This paper argues that traditional understanding of the nexus between the judicial system and the Fourth Estate fails to acknowledge the news media’s considerable power outside the officially recognised operation of the open justice relationship, and that this deserves attention in the digital age

Fatores da administração do sistema penitenciário do Rio de Janeiro que os impedem de cumprirem com sua missão de recuperação do detento?

Since some years ago, the penitentiany systen of Rio de Janeiro is going through the nuest sendus administrative crisis,leading more and more to chaotic situations, over imagined before by homan being. Nowadays all the factors and components of the existing models are still medievaIs, and even distant fron the human needs. The daily life ofthe condemned is a sway betuen lack of hygiene, disrespect to homan rigts, lack of modem corrective practices and also, lack of psychological support. How, then can me demand from the state ( Govemment) the rehabilitation of the imprisoned and their preparation to face society if they are treated manny times as victins of this same society? This society impose a life style enjoyed only by a privileged social class which forget about then when sent to the darkness. Many of then, join the penitentary systen because of minor crimes, and when they serve their tem, um for funately they go back to prison accused for move violent crimes. The penitentian models haven't developed the same way the society where they worked at has. There, the present brazilian penitentiary model has showed obsolete and inefficient alone its principal mission ofrehabilitation and re - education ofthe imprisoned. Our main objetive will be the construction and analysis of the penitential administrative model, as being able to fullfill the necesity of the penitentiary administrator (Manager). Analy zing on a specific reasoning which focus showld not be that of the theories and isolated projects of the topic, we will develop a progran far form religions, judiciary on political technics by building na administrtive penitentiary model strictly professional where we coul a have a deep analysis of the topic. We will try to approach the aspects of organization existing to day inorder to understand them and criate, a model wich will adjust betten to the necesitives of this thesis.

Talk of the town,

The tyranny of clothes.--The London bus.--The tragedy of the "ex."--The new fashion in heroes.--The tyranny of the past.--The plague of monuments.--The minor crimes.--The craze of collecting.--The trials of the celebrated.--The poetry of sound.--The toast-master.--The gutter sphinx.--The pleasures of being in the right.--The wrong sex.--Men's wrongs.--The American and his holiday.--London-by-the-Sea.--The camel at home.

Domestic Minor Sex Trafficking: The Challenges Faced In Prosecuting Those Who Prey on America’s Youth

This commentary is a discussion of the article "Human Trafficking, Sex Tourism, and Child Exploitation on the Southern Border." Most importantly, it is a comment on the lack of attention given to American children prostituted in our own backyards. All forms of sex trafficking are deplorable but the plight of the American child victim creates unique challenges for prosecutors, law enforcement and non-governmental agencies working hard to bring the crimes involved with domestic minor sex trafficking to the forefront. To that end, this commentary attempts to provide resources and guidance.

Crimes against morality

The purpose of this chapter is to discuss the relationship between crime and morality, with a specific focus on crimes against morality. While we argue that all crimes have a general moral basis, condemned as wrong or bad and proscribed by society, there is a specific group of offences in modern democratic nations labelled crimes against morality. Included within this group are offences related to prostitution, pornography and homosexuality. What do these crimes have in common? Most clearly they tend to have a sexual basis and are often argued to do sexual harm, in both a moral and /or psychological sense, as well as physically. Conversely they are often argued to be victimless crimes, especially when the acts occur between consenting adults. Finally they are considered essentially private acts but they often occur, and are regulated, in the public domain. Most importantly, each of these crimes against morality has only relatively recently (ie in the past 150 years) become identified and regulated by the state as a criminal offence.

A minor's health rights

This short article considers whether terminally ill adolescents have a right to refuse life sustaining treatment. The article is focused on the UK case of Hannah Jones which attracted a significant amount of media attention in 2008.