Sydney Institute of Criminology
CrimNet
1 March 2022
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The CrimNet newsletter is sponsored by the Sydney Institute of Criminology. CrimNet provides regular communication between criminal justice professionals, practitioners, academics and students in Australia and overseas. Share CrimNet with your peers and help grow the network.
We acknowledge the tradition of custodianship and law of the Country on which the University of Sydney campuses stand. We pay our respects to those who have cared and continue to care for Country.
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If you would like to contribute a relevant piece, or post news and opportunities of interest to our audiences, please contact law.criminology@sydney.edu.au.
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Institute Events and Activities
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Australian Hate Crime Network launches “When is Hate a Crime” website
The topic of hate crime is attracting significant attention globally as governments grapple with proposals aimed at curbing its occurrence. In February, a Queensland Parliamentary report recommended that hate crime laws in the state be strengthened, while the efforts by the UK House of Lords to make misogyny a hate crime in England and Wales will likely be voted down by ministers of the Lower House. Sydney Institute of Criminology member Professor Gail Mason is developing an initiative in Sydney that hopes to generate greater awareness of hate crime and its occurrence in New South Wales.
Professor Mason leads the Australian Hate Crime Network which in collaboration with the University of Sydney and City of Sydney has launched https://hatecrime.com.au. This website, which is available in 25 languages, aims to be a “one-stop shop” for people to:
- understand hate crime, by providing them with explanations, definitions and research;
- access support, by including a support directory that lists a range of services for affected persons; and
- take action, by detailing how a report can be made to government, human rights organisations, or community organisations.
The website also provides a community toolkit that aims to assist capacity building, training and education for community organisations. Awareness campaign posters and information can be found in several languages.
The organisers would greatly appreciate efforts to spread the word about these resources.
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Current Issues in Criminal JusticeSpecial Issue Expressions of Interest
The Editor welcomes suggestions for special issue topics; and/or suggestions or self-nominations of individuals to guest edit a special issue of Current Issues in Criminal Justice in 2023. The deadline to express interest in a special issue is Monday, 11 April 2022.
Please include in your EOI:
- The proposed title of the special issue;
- The name(s) of and contact information for the guest editor(s);
- A brief description of the scope of the special edition and a statement about its interest to the CICJ readership (2 paragraphs);
- A list of the manuscript titles and abstracts that would be included in the issue (title, name of author(s) and affiliations); and
- An indication of whether contributing authors have been approached and/or confirmed.
The date of the special issue is subject to negotiation between the editor and the guest editor(s). Please note that guest editor(s) will be responsible for arranging and assessing two double-blind peer review of each submission.
For information about our submission requirements including word limits, see here.
Special Issue EOIs will be assessed on the basis of likely readiness of all the manuscripts; diversity of contributors (institutions and levels), and contribution to the profile of CICJ.
Please email your EOI or questions to Dr Justin Ellis, Editor-in-chief of Current Issues in Criminal Justice at law.cicj@sydney.edu.au.
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2021/22 Criminal Law CPD SeriesGain access to on-demand recordings before CPD deadline day
Presented by the Sydney Institute of Criminology, the 2021-22 Criminal Law CPD series is made up of 7 recorded webinars and features experts from Sydney Law School.
You can register for the full series or individual webinars and watch at your own pace.
Topics include:
- criminal behaviour in the digital age
- consent and culpability in sex cases involving adults
- irreducible life sentences
- preventive detention
- neurotechnology and the criminal law.
CPD accreditation
Information for lawyers and barristers: If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per seminar attended or 10.5 units for the full series.
- A Reasonable Balance: The NSW and Queensland Law Reform Commissions' Reports about Consent and Culpability in Sex Cases Involving Adults [Substantive Law]
- Irreducible life sentences, the High Court of Australia and charters of rights [Substantive Law]
- The Commonwealth Parliament and Preventive Detention: the High Court’s Decision in Benbrika v Minister for Home Affairs [2020] HCA 4 [Substantive Law]
- Virtual Courts, Technology and Cross-Examination [Professional Skills; Practice Management & Business Skills; Ethics; Substantive Law]
- Focusing on the AUDIO in Audio Visual Links [Professional Skills; Practice Management & Business Skills; Ethics; Substantive Law]
- Criminal Behaviour in the Digital Age [Substantive Law]
- Neurotechnology and the Criminal Law [Substantive Law]
Cost
Full series (7 x webinars) = $300
Individual webinar(s) = $50
*University of Sydney alumni are eligible to receive a 10% discount.
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The royal commission must find ways to keep veterans out of jail
The royal commission into veteran suicide returned for its second session of hearings on Monday. But as the royal commission investigates the risk factors around veterans’ mental health, it is missing a key part of the puzzle: contact with the criminal justice system.
A key part of minimising the risk of veteran suicide is keeping veterans out of jail.
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Invasion of Ukraine and some criminal law readings
While war has devastated regions of Ukraine, a collective of University of Sydney academics from different faculties have discussed the geopolitical context and issues here. Overseas jurisdictions are clamouring to respond respond to the Russian invasion. The United States and European nations have escalated sanctions, and the war has elevated proposals for reform targeting economic crime. The United Kingdom has tabled an Economic Crime (Transparency and Enforcement) Bill that seeks to create a register for foreign ownership of UK property and to enhance law enforcement abilities to investigate "unexplained wealth". Concerning Australian sanctions, Dr Naoise McDonagh has written an article arguing: "All told, Australian sanctions will have almost zero consequences for Russia". This piece details the conditions of bilateral relations that enable sanctions to be effective. The hacker collective Anonymous has declared cyberwar on Russia, and they sought to disable access to state-controlled media and leaked a Ministry of Defence database of emails, passwords and phone numbers.
Conflict also raises the issue of foreign fighters. This issue has been long-standing as reports of Australians fighting in eastern Ukraine date back to 2018. The Ukrainian government recently appealed for foreigners to join their ranks and the UK Foreign Secretary expressed support for Britons who were so minded. For Australians, the legal ramifications for choosing to do so are uncertain. The Foreign Affairs Ministry has stated: "The Foreign Incursions Act prohibits going overseas to fight unless it is for a properly constituted national armed forces." Experts and leaders have labelled such developments a security threat for Australia.
Meanwhile, Ukrainian President Volodymyr Zelenkskyy has confirmed that Ukraine has lodged a suit against Russia at the International Court of Justice. Ukraine is disputing the claim of Russia that acts of genocide were occurring in the Luhansk and Donetsk oblasts of Ukraine, and it contends that the state of Russia is planning and perpetrating acts of genocide in Ukraine.
When it comes to individual responsibility, scholars Juliette McIntyre, Douglas Guilfoyle and Tamsin Phillipa Paige have opined that criminal law may have a role but jurisdictional problems exist, especially for the crime of aggression. They argue: "in the short run, will anyone be hauled before a court? No. In the long run? Maybe. Meanwhile, the job of the international community is to gather evidence of crimes as they occur, and to support Ukraine’s right of self-defence. International law is there, states now must use it." The ICC Prosecutor has stated he is monitoring potential crimes against humanity and war crimes.
Image: Florida International University (link)
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NT police officer in court proceedings concerning the killing of Kumanjayi Walker
The trial of a NT police officer has entered its fourth week. The officer is accused of the unlawful killing of 19-year old Aboriginal man, Kumanjayi Walker in remote town Yuendumu, Northern Territory which is a four-hour drive north west from Alice Springs. The trial commenced on 7 February 2022 and is expected to last about one month.
Constable Zachary Rolfe is accused before the Supreme Court in Darwin of murder, and alternative charges of manslaughter and engaging in a violent act causing death. If found guilty and convicted, Mr Rolfe would reportedly be the first ever Australian police officer convicted of killing an Aboriginal person in custody.
He has pleaded not guilty to those charges, arguing that his actions were completed to avert a risk to himself and a police colleague.
Even before the hearing commenced, the trial gained national attention after the High Court of Australia overruled the full bench of the Northern Territory Supreme Court concerning the capacity of Mr Rolfe to plead a defence of "good faith" in fulfilling his duties. Professor Thalia Anthony in late 2021 explained the legal issues pertaining to these proceedings for The Conversation. 7am recorded a podcast (17 minutes) featuring Hannah Ryan who is covering the the trial.
Photo: Aaron Bunch/AAP via The Guardian (link).
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Podcast: Transforming Society - What is policing for?
They discuss how the pandemic has revealed the damaging relationship between public health and public order and explain why we need to explore our assumptions about policing and what it’s for. Aiming to shift our world view, they offer suggestions for practical steps towards abolitionist practices and ways of thinking.
Hear the series at Soundcloud or on Apple or Spotify podcasts.
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Feature: Down and Out on the Smuggler’s RoadA veteran war reporter goes undercover to document a world where movement is surveilled, curtailed, and criminalized
I always knew Matthieu Aikins must be brave. He went undercover with Afghanistan’s drug-trafficking border police, exposed a possible massacre by a top Afghan commander, and dug into allegations of killings by a U.S. Special Forces A-Team.
Some reporters can’t help telling you their latest tale of derring-do: “I was there. And it was hell!” I’d infrequently run into Aikins somewhere, but the Canadian journalist would never say much about what he had just done or where he was headed. Then my next issue of Harper’s would arrive, and I’d see “ On the Front Lines in the World’s Deadliest Megacity” above his name.
But I didn’t really know how brave Aikins was until, a third of the way through his debut book, he admits: “I was in danger of losing the plot.” I felt the same. It seemed as if “The Naked Don’t Fear the Water” (a title borrowed from a Dari proverb) might be going off the rails.
It’s in those busted schemes, the countless failed plans, and Aikins’s effort to shed his identity, strip off his clothes, and wade across the Rezovo river out of Europe (Bulgaria) and into a country (Turkey) that had just barred him from entering due to vague suspicions about his passport and of journalists more generally, that the heart of the story emerges. Not just Aikins’s finely crafted tale — an intimate and empathic portrait of friendship, shared sacrifice, and the absurdities of borders on an arbitrarily divided planet — but one of the biggest stories of our time: how the mass migration of people persists in a world where movement is surveilled, curtailed, and criminalized; where the ancient problems of rough seas and searing heat have been compounded by a devious dance between uncaring governments and criminal syndicates that compounds risks and transforms travel that might once have been merely difficult into a potentially lethal endeavor.
Read the full piece here.
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Inside Facebook's African Sweatshop
Billy Perrigo reports for TIME on platforms outsourcing content moderation and crimes monitoring to the Global South.
In a drab office building near a slum on the outskirts of Nairobi, Kenya, nearly 200 young men and women from countries across Africa sit at desks glued to computer monitors, where they must watch videos of murders, rapes, suicides, and child sexual abuse. These young Africans work for Sama, which calls itself an “ethical AI” outsourcing company and is headquartered in California.
Sama says its mission is to provide people in places like Nairobi with “dignified digital work.” Its executives can often be heard saying that the best way to help poor countries is to “give work, not aid.” The company claims to have helped lift more than 50,000 people in the developing world out of poverty.
This benevolent public image has won Sama data-labeling contracts with some of the largest companies in the world, including Google, Microsoft and Walmart. What the company doesn’t make public on its website is its relationship with its client Facebook.
Here in Nairobi, Sama employees who speak at least 11 African languages between them toil day and night, working as outsourced Facebook content moderators: the emergency first responders of social media.
Read the full piece here.
Photograph: Aart Verrips/TIME. Daniel Motaung, a former Facebook content moderator employed by Sama, photographed near his home in South Africa on Feb. 11, 2022. Motaung alleges Sama wrongfully terminated him in 2019 while he was attempting to start a union.
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New report: regional Victoria overrepresented in intervention orders
A report released in late February finds that while 24% of Victoria’s population lives in rural and regional areas, 41% of applications for personal safety intervention orders are made in regional Victoria.
The report is the first of three by the Sentencing Advisory Council to assist the Victorian Law Reform Commission in its inquiry on improving responses to stalking.
A personal safety intervention order (PSIO) is a Victorian court order designed to protect someone from unwanted behaviours by a non-family member.
The report finds that in the 10 years to 2020 there were:
- over 100,000 applications for PSIOs, 92% of these in the Magistrates’ Court and 8% in the Children’s Court
- over 26,000 breaches of PSIOs recorded by police
- almost 10,000 breaches of PSIOs sentenced in Victoria, 94% in the Magistrates’ Court and 6% in the Children’s Court.
Two-thirds of people sentenced for breaching a PSIO are male. In the Magistrates’ Court, PSIOs are most often issued between people living in close proximity, such as neighbours, co-tenants and boarders. Very few PSIOs were issued between strangers (3%). Two-thirds of respondents (someone who has had a PSIO or an application for a PSIO made against them) were male (67%), while 55% of all people protected by PSIOs were female.
The report finds that there is a high rate of family violence associated with breaches of PSIOs.
Sentencing Advisory Council Chair Emeritus Professor Arie Freiberg AM said: "The disproportionate number of PSIO matters in regional Victoria is concerning. Time and again we see regional Victoria overrepresented in justice system statistics. And the underlying causes are almost invariably higher rates of socioeconomic disadvantage and lack of services."
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Meet the ‘rebellious’ lawyer shaking up Sydney’s oldest law school
Cameron Gooley reports for The Sydney Morning Herald on the appointment of practitioner-in-residence, Wiradjuri and Wailwan woman Teela Reid.
As the oldest and arguably most prestigious legal faculty in the country, the University of Sydney’s law school has long held a reputation of being old-fashioned and exclusive.
It’s a perception some in the sandstone institution are working hard to change.
Wiradjuri and Wailwan woman Teela Reid, a senior land rights lawyer at Chalk and Behrendt, has been appointed as the University of Sydney’s law school’s first Indigenous practitioner-in-residence.
“It wasn’t a decision I made lightly … however I understand the importance of working in these spaces, and not only ... as a First Nations woman but creating safe spaces for other First Nations people to come along and work in the legal profession,” she said.
The new role was created to help students engage with the profession by including the perspective of practising lawyers in the classroom and exploring different roles lawyers can take in the workplace.
Ms Reid wants to use her position to show students that there are different ways to practise, including advocating for clients and social issues.
“We as First Nations people have never ceded our sovereignty to these lands and waters, and there is such a role for particularly emerging lawyers to think about lawyering differently whether they’re Indigenous or not,” Ms Reid said.
Read the full piece here. Image: Steven Siewert via SMH.
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Focus on women's prisons in the UK: A briefing paper from HM Inspectorate of Prisons
In the previous six months, HM Inspectorate of Prisons in the United Kingdom has inspected five women’s prisons: HMP Send, HMP & YOI Low Newton, HMP & YOI Downview, HMP &
YOI Styal and HMP & YOI Foston Hall. They have published a briefing paper that describes their indings, sharing some of the "best practice" found and identifies some "key reas for improvement".
The report includes a consideration of the impacts of COVID-19 restrictions on prisoners.
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New York State: Follow the facts – bail reform is working
Rodney Holcombe (New York Criminal Justice Director) writes an Op-Ed for FWD.us concerning New York State bail law.
One fact remains clear – there is no direct link between bail reform and the recent crime spike. Over the last two years, opponents of the bail law have used it to distract lawmakers from addressing the real and often difficult solutions that will have an impact on public safety – reigning in illegal guns and strengthening social services like housing, mental health care, education, and youth job programs. Leaping on reactionary measures with no evidence base will only make us all less safe in the long run.
Let’s remember why bail reform was passed in the first place. Every year, tens of thousands of low-income, largely Black and Brown New Yorkers were held in dangerous facilities like Rikers Island. They were caged simply because they could not afford their own freedom. Kalief Browder and Layleen Polanco are two of the many people who fell victim to this system, and are among the primary reasons lawmakers passed these reforms. Rolling back these reforms will create more victims, exacerbate racial disparities in the criminal justice system, and do nothing to advance our collective public safety.
Read the full piece here.
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Report: Economic insecurity and intimate partner violence in Australia during the COVID-19 pandemic
ANROWS publishes report authored by Anthony Morgan (Australian Institute of Criminology) and Hayley Boxall (Research Manager, Violence against Women and Children Research Program) on the intersection of economic insecurity and women's experience of IPV, situated in the context of the COVID-19 pandemic.
The COVID-19 pandemic has highlighted significant concerns about the “shadow pandemic” of violence against women and children, in particular intimate partner violence (IPV). There is now a large body of research in Australia exploring the effects of the pandemic on violence against women and children, and specifically IPV. The research has indicated that matters being referred to IPV services are more complex, and victims and survivors are experiencing increased barriers to reporting IPV and seeking support.
Economic insecurity and intimate partner violence in Australia during the COVID-19 pandemic, led by Anthony Morgan and Hayley Boxall at the Australian Institute of Criminology, focuses on the intersection of economic insecurity and women’s experiences of IPV in the context of the COVID-19 pandemic in Australia. The findings are based on a survey of 10,000 women in Australia, aged 18 years and over, administered between February and April 2021. This report represents Stage 2 of a larger national study, with Stage 1 focusing on women’s experiences of IPV more broadly during the first 12 months of the pandemic. Read the full piece here, and the report here.
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Webinars
AI in Law Enforcement (Monash University). See here.
Ecocide - A new international crime? (The Law Society of England and Wales, Sirpa Pietikäinen [EU Parliament], Robert Bray [European Law Institute], Mark Clough QC [Dentons] and Rita Giannini [UK Law Societies Brussels Office]). See here.
Combating cybercrime in Namibia (ENSafrica). See here.
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Publications
All open access unless indicated.
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Macrocriminology and Freedom
John Braithwaite
Abstract:
How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological.
Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars.
Braithwaite’s proposals refine some of criminology’s central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom.
"For over 40 years, John Braithwaite has been a voice of wisdom, hope and humanity in criminology. This dazzling new book weaves together all the main themes of his influential work, reanimating many of the core concepts of the discipline, as well as incorporating interdisciplinary resources from south and north, east and west, to produce an elegant and ambitious explanatory and normative account of crime as freedom-threatening domination. Decentring criminal justice as the solution to crime, Braithwaite shows that, on a global scale, the aspiration to tackle crimes, ranging from interpersonal violence through corporate crimes to ecocide, lies in the development of freedom-enhancing, power-tempering institutions in the political, economic and social spheres."
– Nicola Lacey, Professor of Law, Gender and Social Policy, London School of Economics.
The book is available for free at the button below, or may be purchased in hard copy.
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Spaceless violence: Women's experiences of technology-facilitated domestic violence in regional, rural and remote areas
Bridget Harris and Delanie Woodlock. (2022). Trends & issues in crime and criminal justice no. 644. Canberra: Australian Institute of Criminology.
Abstract:
Technology is increasingly used by perpetrators of domestic violence to control, coerce, abuse, harass and stalk victim–survivors. Though ‘spaceless’—not bound by geography—there are particular ways that place and space shape the impacts of and risks associated with this violence. This paper examines the impact of technology-facilitated violence on victim–survivors of intimate partner violence in regional, rural or remote areas of Australia (New South Wales, Victoria and Queensland) who are socially or geographically isolated.
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Early release from prison with electronic monitoring: Hook for or hindrance to change?
Emma Villman. (2022). Criminology & Criminal Justice 1.
Abstract:
In Finland, prisoners can be placed outside prison with electronic monitoring up to 6 months before their regular conditional release. This supervised probationary freedom entails electronic monitoring in one’s own home, participation in productive activities (work, education and rehabilitation), and other specified forms of supervision. This article explores prisoners’ experiences of early release with electronic monitoring by analysing qualitative interviews with 18 prisoners before and after their release from prison. Using the desistance theory of cognitive transformation, the author argues that while early release with electronic monitoring can function as a ‘hook for change’, inherent elements of the programme serve to hinder change and desistance from crime. Even if the combination of control and social support characterizing the Finnish regime of early release with electronic monitoring can help to promote social integration, it creates a vast and demanding sentence less successful in integrating prisoners into the labour market.
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‘Defunding the police’: A consideration of the implications for the police role in mental health work
Ian Cummins. (2022). The Police Journal: Theory, Practice and Principles 1.
Abstract:
This paper examines the role of the police in mental health work. It explores whether the calls to ‘defund the police’ can be the basis for fundamental reforms of mental health services and the police role. The paper outlines the roots of the calls to ‘defund the police’ situating the perspective in the wider Black Lives Matter movement (BLM). The wider BLM movement seeks to overturn long standing racial and social injustices, including the disproportionate use of force against black citizens and racial biases within the Criminal Justice System. It goes further in that BLM calls for a shift in funding from policing towards an investment in welfare and community services. These calls are captured in the phrase ‘defund the police’. These calls have highlighted the police role in mental health, particularly, the police response to citizens in mental health crisis. The paper examines the police role in mental health work, highlighting the historic impact of policies of deinstutionalisation and more recently austerity and welfare retrenchment. In calling for this policy shift, campaigners have highlighted the need to significant investment in mental health services. The police role in mental health services increased because of the failings of community care (Cummins, 2020a). Police officers have increasingly become first responders in mental health crises. The paper, focusing on England and Wales, uses ‘defund the police’ perspective as a lens to examine long standing areas of concern. Police involvement in mental health emergencies is inevitably stigmatizing. There are also concerns from the police. This is an area of police demand that has grown of austerity and the wider retrenchment in public services. Police officers often feel that they lack the skills and knowledge required to undertake their role in mental health work. In addition, there is frustration generated by poor interprofessional working. Police officers on an organizational and individual level feel that they are often left ‘picking up the pieces’. There is a wide recognition that mental health services are failing to provide appropriate responses to those in crisis (Wessley, 2018). As well as being an issue of human rights and social justice, these failures place vulnerable people at increased risk. All aspects of police work involve contact with people experiencing mental health problems. People with mental health problems are first and foremost human beings who should be treated with dignity and respect. They are also citizens, family members, carers and work colleagues. Having acknowledged that core value perspective, if we accept that police officers will be involved in mental health work, we should seek to limit their role as far as is possible. The paper concludes that it is likely that there will be always be some form of police involvement in mental health–related work. However, there is a need to limit this as far as possible.
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Deception: a critical discourse analysis of undercover policing and intelligence operations in Star Wars: The Clone Wars
Colin Atkinson. (2022). Journal of Policing, Intelligence and Counter Terrorism 1.
Abstract:
This paper takes as its starting point the contention that media representations of crime and policing, and undercover policing in particular, matter. Through a multimodal critical discourse analysis this paper explores the representations of undercover policing and intelligence operations in the animated series Star Wars: The Clone Wars. The paper contends that despite its status as science fiction The Clone Wars engages with several of the real-life practices and challenges of undercover policing and intelligence operations. The overall analysis indicates that The Clone Wars projects an important critique of the morally problematic nature of the militarisation of policing and the routinisation of deceptive undercover policing practices. The paper concludes with a reflection on the consequences of this depiction, arguing that for those practitioners who are willing to engage with representations of their craft in popular culture there are valuable practical lessons to be learned from such fictional accounts.
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Building Cultures of Participation: Involving Young People in Contact with the Criminal Justice System in the Development of Drug Interventions in the United Kingdom, Denmark, Italy and Poland
Karen Duke, Helen Gleeson, Katarzyna Dabrowska, Maria Dich Herold, Sara Rolando, and Betsy Thom (2022). Youth Justice 1.
Abstract:
This article explores the participation of young people in contact with criminal justice systems in the development of drugs interventions. Interviews were undertaken with 160 young people (aged 15–25) and 66 practitioners involved in the design, delivery and commissioning of drug interventions. We analyse the key challenges in involving young people in the development of interventions including structural, organisational and individual factors. We argue that these barriers can be overcome by fostering flexible models of participation and identifying the most meaningful and appropriate approaches for involving young people at different stages and in different initiatives which consider socio-cultural contexts.
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Tackling offensive behaviour in Scottish football: A how (not) to guide to developing criminal justice policy?
Maureen McBride. (2022). Criminology & Criminal Justice, 22(1), 24–42.
Abstract:
Since 2011, the issue of ‘sectarianism’ has dominated the Scottish political agenda as well as media and public discourse. The most high-profile aspect of the Scottish Government’s response to the problem was undoubtedly the Offensive Behaviour at Football (Scotland) Act 2012. This article is based on analysis of official documentation, speeches and media coverage relating to sectarianism and the Offensive Behaviour at Football and Threatening Communications Act since 2011. By tracing the Act’s journey from its introduction to its repeal in 2018, it challenges notions of a policymaking process built on consensus. It also casts doubt upon the Scottish Government’s claims of a socially progressive approach to criminal justice, as the behaviours of working-class youth around football have been increasingly problematised, criminalised and regulated. I argue that the Act highlights the need for an ongoing critique of the direction of criminal justice in Scotland and demonstrates the consequences of knee-jerk responses to complex social problems, which has relevance beyond the Scottish context.
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Cars, compounds and containers: Judicial and extrajudicial infrastructures of punishment in the ‘old’ and ‘new’ South Africa
Gail Super (2022). Punishment & Society 1.
Abstract:
This paper examines non-state infrastructures of vigilante violence in marginalized spaces in South Africa. I argue that car trunks, shacks, containers, and other everyday receptacles function as the underside of official institutions, such as prisons and police lock-ups, and bear historical imprints of the extrajudicial punishments inflicted on black bodies during colonialism and apartheid. I focus on two techniques: forcing someone into the trunk of a vehicle and driving them around to locate stolen property, and confinement in garages, shacks, containers, or local public spaces. Whereas in formerly ‘whites only’ areas, residents have access to insurance, guards, gated communities, fortified fences, and well-resourced neighbourhood watches, in former black townships and informal settlements, this is not the case. Here, the boot, the shack, the shed, the car, and the minibus taxi play multiple roles, including as vectors and spaces of confinement, torture, and execution. Thus, spatiotemporality affects both how penal forms permeate space and time, and how space and time constitute penal forms. These vigilante kidnappings and forcible confinements are not mere instances of gratuitous violence. Instead, they mimic, distort, and amplify the violence that underpins the state's unrealized monopoly over the violence inherent in its claims to police and punish.
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The perverse impact of performance measures on policing: lessons from the rise and fall of out of court disposals
Sara Grace. (2022). Policing and Society: An International Journal of Research and Policy 32(2), 200–220.
Abstract:
This paper questions the assumption that performance measures inevitably lead to gaming behaviours. Using (and extending) Patrick’s Perverse Policing Model, the rise and fall of out of court disposals (OOCDs) from 2000–2020 – especially penalty notices for disorder – is assessed in light of the introduction and removal of the offences brought to justice target (in place from 2002–2008) and the Best Use of Stop and Search Scheme (BUSSS, in place from 2014). All four forms of gaming set out in the Perverse Policing Model were found with regard to the offences brought to justice target and a fifth form, materialising, was added to the model. However, gaming was not apparent in the use of OOCDs post-BUSSS. Reasons for this difference are considered. Namely, distinction is drawn between performance targets and performance measures. It is argued that all performance measures begin life as presentational rules. They either remain as such or become enabling (encouraging gaming) or inhibitory (encouraging compliance) depending on which response attracts the least ‘within the job’ trouble. This paper draws on national statistics on OOCD use from 2000–2020, a case study on one force’s use of PNDs from 2010–2011 and exploratory data on positive outcomes following stop and search from July 2015–December 2020. These varied datasets allow for a detailed consideration of how these powers have been used in practice, the various opportunities afforded for gaming by OOCDs and an exploration of why those opportunities are, and are not, realised.
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Seeing is Believing: How the Layering of Race is Obscured by “White Epistemologies” in the Criminal Justice Field
Alpa Parmar, Rod Earle and Coretta Phillips. (2022). Journal of Criminal Justice Education 1.
Abstract:
Criminology has been slow in recognizing the central organizing logic of race in (post)colonial societies. It is therefore unsurprising that research practice falls behind that proffered through other disciplinary epistemological critiques. In this paper, we interrogate the tools of whiteness that are obscured in the widely used research method of in-depth interviews. We scrutinize what is not “seen” but which can be made evident in research interactions, using three interview case studies conducted in England. Warren, a white man interviewed by a white man (Earle), exposes the occlusions and upholding of race and racism in prison settings. Rafan, a British Bangladeshi man interviewed by a British Indian woman (Parmar) reveals a socio-cultural backstory in which coloniality is deeply implicated but seems just beyond view, within and outwith the criminal justice system. Finally, the interview of Cairo, a black (British) Jamaican man by a mixed-race black British woman (Phillips), articulates a poignant yet defiant response to structural and cultural racism, which begins long before interaction with the criminal justice system. Laid bare are the limitations of existing research where over-represented white researchers typically conduct research involving under-represented minorities who are vulnerable to exclusion, criminalization, and state violence. Our three case study interviews offer a step beyond traditional qualitative research instruction for students and apprentice researchers. It aims to impart a reflexive pedagogy which intertwines biography with politics in training the next generation of criminal justice researchers.
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Desistance from criminalisation: police culture and new directions in drugs policing
Matthew Bacon. (2021). Policing and Society: An International Journal of Policy and Research 1.
Abstract:
Globally, there is emerging evidence that drugs policing is moving away from traditional enforcement interventions towards a greater focus on harm reduction. Signs of a shift include alternatives to criminalisation in the form of police-led diversion schemes. This article examines the extent to which new directions in drugs policing reflect changes in police culture. The key change under consideration is police desistance from criminalising people who use drugs. Another aim is to advance theoretical debates into the factors affecting cultural change in police organisations. Drawing on an extensive qualitative study of challenges, innovation and reform in drugs policing across England and Wales, the findings capture the transformative effect of certain experiences on the values police officers hold and how they understand and make sense of drug problems, their role and impact. It is argued that further insights into cultural change can be gained by drawing on the concept of turning points from life-course criminology and desistance research. The findings also reveal how changes in the field of policing have fostered and facilitated changes in police culture and practice. A policy implication of this study is that cultural change could be furthered through experiential learning and critical reflective practice approaches to police education.
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A typology of prisoner compliance with the Incentives and Earned Privileges scheme: Theorising the neoliberal self and staff–prisoner relationships
Zarek Khan. (2022). Criminology & Criminal Justice, 97–114.
Abstract:
This article is based on interview data (N = 16) collected in a medium security men’s English prison (HMP Wandsworth). It begins with an introduction of the Incentives and Earned Privileges scheme and outlines the amendments to Incentives and Earned Privileges that have transformed prisoners’ requirements for progression during their sentence. As the article demonstrates, the policy alteration increases the need for prisoners to be visibly compliant by staff in order to advance through the scheme; it is no longer sufficient to be invisibly compliant. To this end, I present a typology of visibility that illustrates prisoner compliance and outcomes to the Incentives and Earned Privileges scheme. The article situates the revisions made to Incentives and Earned Privileges against the backdrop of neoliberal informed penal politics. The article concludes by summarising the key theoretical and practical implications of the study.
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Organized crime groups: A systematic review of individual-level risk factors related to recruitment
Francesco Calderoni, Tommaso Comunale, Gian Maria Campedelli, Martina Marchesi, Deborah Manzi and Niccolò Frualdo. (2022) Campbell Systematic Reviews, 18(1).
Abstract:
This systematic review aimed at (1) summarizing the empirical evidence from quantitative, mixed methods, and qualitative studies on the individual-level risk factors associated with the recruitment into organized crime, (2) assessing the relative strength of the risk factors from quantitative studies across different factor categories and subcategories and types of organized crime.
Methods
We searched published and unpublished literature across 12 databases with no constraints as to date or geographic scope. The last search was conducted between September and October 2019. Eligible studies had to be written in English, Spanish, Italian, French, and German.
Results
The amount and the quality of available evidence were weak, and most studies had a high risk-of-bias. Most independent measures were correlates, with possible issues in establishing a causal relation with organized crime membership. We classified the results into categories and subcategories. Despite the small number of predictors, we found relatively strong evidence that being male, prior criminal activity, and prior violence are associated with higher odds of future organized crime recruitment. There was weak evidence, although supported by qualitative studies, prior narrative reviews, and findings from correlates, that prior sanctions, social relations with organized crime involved subjects, and a troubled family environment are associated with greater odds of recruitment.
Authors' Conclusions
The available evidence is generally weak, and the main limitations were the number of predictors, the number of studies within each factor category, and the heterogeneity in the definition of organized crime group. The findings identify few risk factors that may be subject to possible preventive interventions.
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The effect of parole supervision on recidivism
Evarn J. Ooi and Joanna Wang. (2022). Crime and Justice Bulletin No. CJB245. BOCSAR.
Abstract:
The aim of this study was to compare recidivism outcomes for inmates who were released to parole with those who were released from prison unconditionally. The study adopted an instrumental variable (IV) approach to measure the causal impact of parole on recidivism. The instrument used in this study was the proclivity of Local Court magistrates to sentence offenders to prison sentences with a non-parole period (at the end of which inmates are released on parole supervision) rather than a fixed prison term. Three recidivism outcomes within 12 and 24 months were measured:
- Re-conviction with a new, proven offence of any type;
- Re-conviction with a new personal, property or serious drug offence (PPD); and
- Re-imprisonment.
The main IV estimates revealed that, for the marginal parolee, being released to parole reduces the likelihood of re-conviction within 12 months of release by 10.0 percentage points (a decrease of 17.5 per cent); reduces the likelihood of committing a personal, property or serious drug offence within 12 months of release by 10.3 percentage points (a decrease of 24.0 per cent); and reduces the likelihood of being re-imprisoned within 12 months of release by 5.0 percentage points (a decrease of 18.2 per cent). Additional findings suggested larger reductions in more serious re-offending for ‘high-risk’ and Aboriginal parolees.
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Co-production and Criminal Justice
Diana Johns, Catherine Flynn, Maggie Hall, Claire Spivakovsky and Shelley Turner. (2022). Routledge.
Pre-order hardback ($75.99 AUD)
This book explores practical examples of co-production in criminal justice research and practice. Through a series of seven case studies, the authors examine what people do when they co-produce knowledge in criminal justice contexts: in prisons and youth detention centres; with criminalised women; from practitioners’ perspectives; and with First Nations communities.
Co-production holds a promise: that people whose lives are entangled in the criminal justice system can be valued as participants and partners, helping to shape how the system works. But how realistic is it to imagine criminal justice ‘service users’ participating, partnering, and sharing genuine decision-making power with those explicitly holding power over them?
Taking a sophisticated yet accessible theoretical approach, the authors consider issues of power, hierarchy and different ways of knowing to understand the perils and possibilities of co-production under the shadow of ‘justice’. In exploring these complexities, the book brings cautious optimism to co-production partners and project leaders.
This book provides a foundational text for scholars and practitioners seeking to apply co-production principles in their research and practice. With stories from Australia, the UK and Ireland, the text will appeal to the international community. For students of criminology and social work, the book’s critical insights will enhance their work in the field.
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Homicide in Australia 2019-20
Ben Serpell, Tom Sullivan and Laura Doherty. (2022). Statistical Report no. 39. Canberra: Australian Institute of Criminology.
The National Homicide Monitoring Program is Australia’s only national data collection on homicide incidents, victims and offenders. This report describes the 261 homicide incidents recorded by Australian state and territory police between 1 July 2019 and 30 June 2020. During this 12-month period there were 278 victims of homicide and 314 identified offenders.
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Your Story monthly webinar series: COVID-19, Disability and Me
Date: Wednesday 2 March 2022, 1–1:30pm AEDT
Online
Free registration.
The COVID-19 pandemic has affected us all.
But people with disability and their supporters are among those who have been hardest hit and they continue to face significant challenges as the Omicron variant spreads through the community.
On Wednesday 2 March, join Your Story Disability Legal Support for an online discussion about COVID-19, disability and the Disability Royal Commission.
The lunchtime webinar will feature Your Story Advisory Group member, Dr Kirsten Harley, who is an Honorary Lecturer at the University of Sydney’s Centre for Disability Research and Policy, and a Board Member of MNDNSW.
Kirsten lives with motor neurone disease (MND) and relies on technology to speak and breathe, with a team of trained carers providing round-the-clock care. She shared her story at a public hearing about COVID-19 in August 2020, where she spoke about the threats the pandemic posed to people living with MND.
Kirsten will be joined by Ruth Pilkinton, a senior lawyer who balances leading Legal Aid NSW’s Family Law Early Intervention Unit with caring for two family members with disability – her adult son Daniel, who lives with autism and intellectual disability and is non-verbal, and her husband Paul, who has a rare form of MND called Primary Lateral Sclerosis and uses a powered wheelchair and an iPad to communicate. She is a member of the Legal Aid NSW Disability Network.
The webinar will be facilitated by Your Story lawyer and Chair of the Legal Aid NSW Disability Network, Rania Saab. Rania also has lived experience, with hearing loss and three young children, two of whom have a disability.
This event will include Auslan and live captions. You can join using Zoom or watch live on their Facebook page.
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Criminal Law Conference
Date: Friday 4 March 2022, 9am to 5.15pm AEDT
7 CPD units
Online and in-person
Venue: RACV City Club, Level 2, 501 Bourke St, Melbourne 3000, VIC, Australia
Also available to watch live online & on-demand recording
Join the experts to reflect on the impact that 2021 had and look to the future for the criminal law profession in Victoria.
- Judge Alone Trials: The Victorian Experience
- Applications to Cross-Examine Witnesses Pursuant to s 198A and 198B and the Examination Hearings
- Family Violence Intervention Orders
- Coercive Control and Human Trafficking: Offences and Defences
- Ethics and Professional Responsibility for Criminal Lawyers
- Managing Vicarious Trauma in Criminal Law
- How to Prepare for Sex Offence Trials
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European Crime Prevention Conference 2022
Date: 28 April 2022 to 29 April 2022
Location: Brussels
Registration free but mandatory
The European Crime Prevention Conference is the biennial conference and offers a forum to share knowledge and experiences regarding crime prevention across the European Union. It welcomes policymakers, practitioners and academics, but maintains a consistent focus on the front line.
The main topic of 2022 is partnership approaches in crime prevention:
Co-production of security, partnership approaches, multi-agency crime prevention
The ideal of working together to make society a safer place is shared by many. But collaborations also present challenges. How to identify the right partners? Who takes the lead? Which information is shared with whom? And how do we make it all work in view of every partner's mandate and competences?
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Justice Action Internship Program - Volunteer
Deadline: 28 March 2022
Justice Action is a community based social justice non-profit organisation. We work in the areas of criminal justice, mental health, and human rights. Inters engage in policy work preparing tribunal and court cased, contributing to media released and writing correspondence for lobbying purposes
Justice action is a community based social justice non-for profit organisation. We provide opportunities for interns to work directly alongside prisoners, academics, victims of crime, ex-prisoners, lawyers, and general community members. Internships with Justice Action are flexible and volunteer-based, tailored to suit the commitments of the intern. Our current interns work from one day a week to full-time capacity both during the semester and in the holidays.
Internships provide an opportunity for students to increase their awareness of criminal justice and mental health issues, as well as develop their research, writing, and communication skills. Interns are supervised by a staff member, and undertake work determined by the needs of the organisation. Interns will engage in policy work,, preparing tribunal and court cases, contributing to media releases and writing correspondence for lobbying purposes. In their work, interns will have the opportunity to interact with politicians, other NG’s. government departments and the media.They are involved at all stages in strategic decisions, often in high profile and sensitive cases.
Justice Action is looking for interns who are:
- Passionate about criminal justice, mental health and human rights issues
- Skilled in research, writing, and critical thinking
- Excellent communicators and attentive to detail
- Responsible individuals able to work in a team and individually
- Willing to commit to the Justice Action family
- Prudent individuals able to treat confidential material with empathy and respect
- Able to work at least one day a week
- Studying or experienced in a relevant area of law, social science, criminology, social work/Arts or psychology.
If you fit the description above, this internship is for you.
For more information about Justice Action, please visit their website justiceaction.org.au
To apply, please email your CV and cover letter to the Justice Action Assistant Coordinator asst.coordinator@justiceaction.org.au
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Policy and Programs Officer (Identified Role), NSW Police Force, Hurstville
Submission Deadline: 6 March 2022 at 11.59pm
The NSW Police Force have an opportunity for a Policy and Programs Officer to be part of their Aboriginal Coordination Team, Crime Prevention Command. The Policy and Programs Officer assists with policy and program development, analysis and advice on operational policy and program initiatives and commitments within the NSW Police Force.
For more information on submission proposals, contact Kelly Rose (0427 246 260).
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Director, National Institute of Forensic Science, Victoria
Deadline: midnight, Sunday, 6 March 2022
The National Institute of Forensic Science (NIFS) is a team that sits within ANZPAA. The NIFS team collaborates with police and government agencies, providing advice and developing products supporting innovation and advancement of forensic science across Australia and New Zealand. The team is the central contact point for requests requiring forensic representation from Australia and New Zealand.
The Director leads the NIFS team, developing and overseeing a work program operationally relevant to forensic science stakeholder agencies.
Key duties will include:
- Provide active strategic leadership to support and advise the Chief Executive Officer in the delivery of the ANZPAA Strategy and outcomes expected of the agency.
- Deliver high value outcomes and outputs in line with the endorsed Business Plan.
- Collaborate with key stakeholders to identify and address emerging issues, risks and needs for forensic science in support of policing in Australia and New Zealand.
- Work collaboratively across the Executive Management Team while providing high quality leadership to the NIFS team to ensure the achievement of results and outcomes to member agencies.
Requirements and relevant information:
- A relevant tertiary qualification is mandatory.
- Applicants must be an Australian Citizen or New Zealand Citizen (who have unrestricted rights to employment in Australia) and be able to obtain and maintain a national security clearance.
- The position will be located at the Victoria Police Centre, 311 Spencer Street, Docklands.
- The preferred candidate will be required to undergo pre-employment security checks which may include fingerprint checks and misconduct screening.
- In accordance with the Chief Health Officer's Direction – COVID-19 Mandatory Vaccination (Workers) Directions, there is a requirement to be fully vaccinated (or hold a valid exemption) and employment with ANZPAA is subject to proof of vaccination
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Senior Solicitor (Grade V) - Criminal Law Division, Legal Aid NSW - Newcastle Role and Regional Talent Pool
Sydney, NSW
Deadline: Sunday, 6 March 2022 at 11:59 pm AEDT
Legal Aid NSW is seeking an experienced Criminal Law solicitor who can maintain a busy practice whilst simultaneously supervising and leading other solicitors. The successful applicant will be committed to delivering excellent service for clients and have extensive knowledge of Criminal Law. Management experience and an enthusiasm for mentoring/developing staff is essential.
The person will provide legal advice and representation to clients of Legal Aid NSW, including in more complex matters, in accordance with Legal Aid NSW policies and guidelines in order to contribute to the implementation of Legal Aid NSW's mission to deliver high quality legal services to our clients and to assist them resolve their legal problems. Supervise and lead junior legal staff in achieving this aim.
One position in Newcastle, and talent pool for Broken Hill, Coffs Harbour, Gosford, Wagga Wagga, Wollongong and Newcastle.
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Solicitor - Legal Officer Grade IV - Criminal Law Division
Wagga Wagga, NSW
Deadline: 9 March 2022 at 11:59 pm AEDT
Legal Aid NSW is seeking an experienced Criminal Law solicitor who can maintain a busy practice whilst simultaneously supervising and leading other solicitors. The successful applicant will be committed to delivering excellent service for clients and have a demonstrated knowledge of Criminal Law. Enthusiasm for mentoring/developing staff is essential.
Provide legal advice and representation to clients of Legal Aid NSW, including in more complex matters, in accordance with Legal Aid NSW policies and guidelines in order to contribute to the implementation of Legal Aid NSW's mission to deliver high quality legal services to our clients and to assist them to resolve their legal problems. Supervise and lead junior legal staff in achieving this aim.
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Principal Program Evaluator, Department of Communities and Justice
Sydney, NSW
Deadline: Sunday, 13 March 2022 at 11:50 pm
Who should apply for this role:
- You're interested in doing research and evaluations across interesting topics in justice, policing and crime like: What influences who gets given bail by police and courts? Who gets charged under terrorism offences? What happens when you try to get more people to plead guilty early?
- You enjoy learning and applying statistical techniques to isolate the causal effect of a policy as accurately and precisely as possible (controlling for confounds, exploiting 'natural experiments', constructing comparison groups etc), and critically assessing existing evidence.
The role involves:
- Designing and delivering research and evaluation projects to understand the effectiveness of new policies and programs
- Reviewing draft evaluation and research reports, both informally within the team and as part of a peer review for other researchers.
- Building partnerships with stakeholders across the Department of Communities and Justice, other government bodies and research institutions
- Representing the Bureau on committees, task forces and working parties, including presenting the results of research studies at conferences and seminars.
- Developing new methodologies and working with new datasets that will enable improvements in program and policy evaluations, and establishing standard operating procedures for common tasks.
- Assisting the Director (Research and Evaluation) in the preparation of research grant proposals and monitoring the expenditure of grant funds.
Essential requirements
- Honours degree or equivalent in statistics, economics, epidemiology, psychology or another discipline with a strong statistical component.
- Experience and expertise in program or policy evaluation, particularly quasi-experimental and micro-econometric methods like difference-in-difference, instrumental variables etc.
- COVID-19 vaccination - it is an essential requirement of the role that successful applicants are fully vaccinated and able to provide acceptable proof of vaccination status
For role enquiries please contact Min-Taec Kim via email at min-taec.kim@justice.nsw.gov.au
There are more details in the role description here.
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Information Officer, BOCSAR
Deadline: Sunday 13 March 2022 at 11.59pm
BOCSAR is responsible for informing the public and government about emerging trends and patterns in crime and the criminal justice system. They do this by releasing statistical reports, publishing research reports, evaluating programs and policies, distributing ad hoc data requests and undertaking both simple and complex statistical and analytical investigations to improve understanding
The Information Officer is part of the team that delivers BOCSAR’s Information Service. The Information Officer provides accurate, timely and appropriate statistical information on crime and criminal justice issues to government, media, the public and others through direct communication, statistical reports, research, web and other means.
Essential requirements of the role:
- Tertiary qualification or equivalent in statistics, behavioural science, or another discipline with a strong statistical component.
- Capacity to exercise judgement when providing advice and information on crime and Criminal justice issues
- High-level oral and written communication and liaison skills.
For role enquiries please contact Karen Freeman by email: Karen.Freeman@justice.nsw.gov.au
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Lecturer in Criminology or Policing Studies (x2), Charles Sturt University
Deadline: 11pm AEDT, 16 March 2022
Location: Bathurst, Port Macquarie
To be successful you will have:
- A doctoral qualification related to the discipline or equivalent accreditation and standing
- A record of research relevant to the discipline, which demonstrates a capacity to make an autonomous contribution
- Evidence of and a demonstrated commitment to the delivery of high quality student centred learning and teaching
The Centre for Law and Justice comprises a team of highly qualified and experienced legal practitioners, researchers, and criminal justice professionals. We offer internationally unique and innovative undergraduate and postgraduate courses in law, criminal justice and legal ethics. These courses are delivered by an interdisciplinary group of dynamic academics comprising criminologists, lawyers, sociologists, philosophers and policing scholars.
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Call for Submissions and Conference: Victimisation in a digital world: Responding to and connecting with victims (San Sebastian, Basque Country Spain)
Submission Deadline: 31 March 2022
Early Registration: 30 April 2022
Symposium Dates: 5-9 June 2022
This Symposium will bring together professionals, researchers, policymakers, students, activists, and volunteers from a wide variety of disciplines and backgrounds.
In 2022 this international and interdisciplinary event will focus on the identification, prevention, investigation, prosecution, and socio-legal and psychological responses to victimisation in a digital world.
Together with cyber victimisation, classical and contemporary topics in Victimology will also be discussed, thus anyone interested in Victimology, digitalisation or human rights issues is welcome to participate in this unique triannual encounter.
Sub-themes: Contemporary Perspectives of Victimology; Patterns of Digital Victimisation; Effects/Impact of Digital Victimisation; Research, Theory, and Practice in Digital Age; and Criminal Justice and Legal Responses.
For more information on submission proposals, see here.
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Call for Abstracts: 22nd Annual Conference of the European Society of Criminology
Deadline: 15 April 2022
All abstracts must be submitted on-line through this website. You will be asked to indicate the type of submission you wish to make. The submission choices available for the meetings include:
- Individual Paper
- Poster
- Pre-arranged panel
All three forms of submissions have to be submitted to a particular thematic category which you have to select from a drop-down menu during the submission process. As in previous conferences, these are mostly aligned with the ESC thematic working groups, complemented by a few residual categories.
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