Sydney Institute of Criminology
CrimNet
01 February 2023
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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.
The University of Sydney’s central campus sits on the lands of the Cadigal people of the Eora nation and has campuses as well as teaching and research facilities situated on the ancestral lands of the Wangal, Deerubbin, Tharawal, Ngunnawal, Wiradjuri, Gamilaroi, Bundjulong, Wiljali and Gereng Gureng peoples. We pay our respects to elders, past, present, and emerging who have cared and continue to care for Country.
CULTURAL ADVICE: Aboriginal and Torres Strait Islander people are advised that CrimNet may contain distressing material and images or names of people who have died.
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Institute Events and Activities
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Hate Crime Policing and Law Reform - Anti-homosexual violence, police inaction, and justice reform
The systemic failure of the NSW police to fully investigate acts of violence against members of the homosexual and LGBT community from the 1980’s onwards, including limited police reviews of homicide, prompted the establishment of the NSW Sackar Judicial Commission into such violence. The independent inquiry has been operating since mid 2022 and its final report is due in mid 2023. Its operation follows several coronial inquests, inquiries and commissioned research into such failures. The 1988 killing of Scott Johnson and the recently appealed prosecution of Scott White for that killing are an important part of the backdrop to this history and the work of the Commission.
It is hoped the inquiry develops a roadmap to better reporting and policing regarding any future violence toward the LGBT community, to overcome the significant distrust and underreporting of such violence by LGBT victims of crime.
Research conducted by Sydney Institute of Criminology members and affiliates Prof. Stephen Tomsen (Criminology, WSU) and A/Prof. Tyrone Kirchengast (Law, Sydney) outlines the need for rights recognition for LGBT victims, and for an apology from NSW police for systemic justice failings and inaction over decades of anti-homosexual violence. A recent article focuses on the failure of NSW police to properly investigate the death of Scott Johnson – describing it initially as a suicide, when in fact an accused man is likely to face trial in the Supreme Court of NSW for his murder, in 2023. The recent sentencing of Scott White and his successful appeal leading to his new trial has arguably raised troubling judicial discourse as to anti-homosexual violence that potentially devalues the vulnerability of victims of this violence. These issues, Tomsen and Kirchengast argue, ought to be considered by the 2023 judicial inquiry.
Prof. Stephen Tomsen’s research is internationally renowned for nightlife and crime ethnographies, pioneering queer criminology, and crime and masculinity studies, including LGBT policing and access to justice. He is the author of the ground-breaking Australian Institute of Criminology report Hatred, murder and male honour: anti-homosexual homicides in New South Wales, 1980-2000, which examined 74 anti-homosexual homicides.
This current research by Tomsen and Kirchengast builds on the work of the Sydney Institute of Criminology which has a proud history of promoting the need for prejudice-based crime research and law reform. Since the early 1990’s, Institute staff and members have had a longstanding and pioneering involvement in hate crime research and prevention advocacy. Prof. Chris Cunneen (Jumbunna Inst for Indigenous Education & Research, UTS) was a key figure developing hate crime studies in his years at Sydney Law School, and Prof. Gail Mason (Law, Sydney) is known for decades of research on hate crime and related legal developments. In 1997, Cunneen, Fraser and Tomsen co-edited the first Australian collection of essays concerning aspects of hate crime (Faces of Hate: Hate Crime in Australia, Federation Press).
Tomsen and Kirchengast article on the Scott Johnson case
Tomsen and Kirchengast article on LGBT rights recognition
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Access to Justice in a digital era: a conversation with Dr Carolyn McKay
In Australia, psychiatric and psychological clinical assessments have seen an increased digitalisation process. Researcher Carolyn McKay examines how digitalisation processes in the criminal justice system are altering modes of conducting clinical assessments of a vulnerable population: people-in-prison. Despite the growing ubiquity of remote clinical assessments of people-in-prison, McKay also finds some reservations regarding the remote mode.
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LGBTQ organising in the new protest environment – book launch and panel discussion
Date: Tuesday, 28 February 2023,
Time: 6 pm (AEDT)
Venue: Camperdown Campus, Sydney Law School - in-person event
The use of public space for recreation and protest remains hotly contested, as reactions to anti-protest legislation in NSW and other Australian jurisdictions show. 2023 marks a decade since a case of police excessive force at the 2013 Sydney Gay and Lesbian Mardi Gras went viral on YouTube. That case marked a watershed moment in police-LGBTQ community relations in NSW, and was part of a global awakening about the power of bystander video distributed through social media. Dr Justin Ellis’ 2021 monograph Policing Legitimacy: Social media, scandal and sexual citizenship critically engages with that case and considers the relationship between digital media, LGBTQ identity-based rights claims and police accountability. This book launch and panel discussion provide a timely opportunity to consider how LGBTQ individuals and communities will organise in the face of increased penalties for peaceful public protest in NSW, and unease about police use of platform biometrics and related issues of privacy and consent. The launch of Dr Ellis’ monograph will be followed by a discussion on these issues chaired by Institute of Criminology co-director Dr Carolyn McKay, and between Professor Kane Race, Dr Justin Ellis and Mr Josh Pallas – president of the NSW Council for Civil Liberties. Please join us for this timely and important discussion.
Dr Justin Ellis is a senior lecturer in criminology at the Newcastle Law School and the editor-in-chief of Current Issues in Criminal Justice, the journal of the Institute of Criminology at the Sydney Law School. His research examines the relationship between digital media technologies, institutional trust and politically vulnerable populations, LGBTQ in particular. His scholarship on these issues is regularly published in high-ranking internationally peer-reviewed journals and in media commentary.
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2022/23 Criminal Law CPD Series
September 2022 - March 2023
The 2022-23 Criminal Law CPD series, presented by the Sydney Institute of Criminology is an innovative educational program made up of 7 recorded webinars delivered by eminent speakers from the University of Sydney and the legal profession.
A new webinar will be released each month from September 2022 - March 2023. Quizzes will be included to test your comprehension of the material being discussed.
Register now for the full series or individual webinars and enjoy the flexibility of watching at your own pace from any location at any time.
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.
Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation.
Cost: Full series (7 x webinars) = $300
Individual webinar(s) = $50
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29 September 2022 | Dr Andrew Dyer
It is common for people to deceive other people into engaging in sexual activity with them. But there is sharp division about whether all such deceitful people should be convicted of a sexual offence and, if all or some of them should, which offence(s) should be convicted of.
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20 October 2022 | Brett Hatfield
In a system subject to growing case numbers, increasingly regulated pre-trial processes, plea negotiations, and broad discretion, how are those priorities managed? Crown Prosecutor Brett Hatfield will consider those competing priorities and how they are balanced in practice.
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24 November 2022 | Associate Professor Helen Paterson
Eyewitness testimony can provide critical leads in investigations and can be extremely persuasive in court. However, inconsistencies or inaccuracies in eyewitness accounts can undermine the perceived credibility of the witness and the value of the evidence.
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15 December 2022 | Talitha Hennessy
During the 2020 COVID-19 pandemic, the administration of justice and essential services of courts continued through the increased use of communication technologies. The shift to digital or virtual justice in both civil and criminal jurisdictions accelerated with varying degrees of success.
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19 January 2023 | Professor David Hamer
Following the Royal Commission into Institutional Responses to Child Sexual Abuse, Uniform Evidence Law jurisdictions are implementing reforms to the tendency and coincidence evidence provisions. These reforms aim to relax the exclusionary rules so that the prosecution can more readily rely upon other allegations against the defendant and the defendant’s prior guilty pleas.
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9 February 2023 | John Stratton SC
Appearing in the NSW Court of Criminal Appeal can be an intimidating prospect. Seeking leave, applications brought out of time, questions of law, questions of fact, mixed questions: senior criminal law barrister John Stratton SC will consider these issues and offer best-practice tips developed over the course of his career.
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9 March 2023 | Judge Paul Lakatos SC
Balancing the competing priorities of offenders with mental health diagnoses, the community, and the criminal justice system more broadly, is complicated. At the intersection of those interests sits the Mental Health Review Tribunal. The Tribunal endeavours to acknowledge and respect the dignity, autonomy, diversity and individuality of those whose matters it hears and determines. But how are these outcomes achieved?
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Queer criminology: resources on criminal justice issues facing LGBTIQ+ peoples
As Sydney hosts World Pride and the Sydney Gay and Lesbian Mardi Gras Festival in the coming weeks, Current Issues in Criminal Justice has put together a collection of articles on queer criminology as a resource for practitioners, policy makers and academics. The collection is free to access for February and March 2023.
LGBTIQ+ individuals and communities continue to face a range of challenges from criminal justice institutions. Queer criminology is a growing area of research that seeks to enhance and evaluate efforts to address the inequalities and discrimination faced by LGBTIQ+ people in the criminal justice context. This collection brings together articles on this topic over the last decade as a resource that helps to explain the current socio-legal context in Australian jurisdictions for LGBTIQ+ peoples.
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Current Issues in Criminal Justice
Current Issues in Criminal Justice (CICJ) provides detailed analysis of national and international issues by a range of outstanding contributors. It includes contemporary comments, with discussion at the cutting edge of the crime and justice debate, as well as reviews of recently released books.
CICJ accepts submissions on a rolling basis.
You can access current and previous issues of Current Issues in Criminal Justice here.
If you have a book suitable for review by CICJ, please email the books editor, Celine Van Golde
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Report on Government Services 2023
Part C: Justice
Released 31 January 2023
Main aims of services within the sector
The justice sector services aim to contribute to a safe and secure community and promote a law abiding way of life.
Services included in the sector
Police services
Deliver services relating to preserving public order, investigating crime and apprehending offenders, improving road safety and supporting the judicial process.
Courts
Arbitrate on criminal and civil justice matters. This Report focuses on administrative support functions for the courts, such as management of court facilities, services and staffing and the provision of case management services. Judicial decisions and outcomes are not included.
Corrective services
Administer correctional sanctions imposed by courts and orders of the adult parole boards through the management of adult custodial facilities and community corrections orders, and the provision of programs and services to prisoners and offenders.
Legal aid, public prosecutions and tribunals are not included as service-specific sections in this Report. Justice services for children and young offenders (predominately related to youth community corrections and detention) are covered under youth justice in section 17 of the Report.
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Number of Aboriginal Tasmanians in prison more than doubles in a decade
Laura Beavis, ABC, 30 January 2023
When Aboriginal people are released from Tasmania's Risdon Prison, Sara Maynard tries to make sure they get back in touch with their community.
Key points:
- The number of Aboriginal people in Tasmanian prisons has more than doubled over the past decade
- Productivity Commission data shows there were 154 Aboriginal people in Tasmanian prisons on an average day last financial year, up from 73 a decade earlier.
- The cost of operating Tasmania's prisons and community corrections system in the past 10 years has nearly doubled.
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Family law overhaul aimed at stopping abusive partners manipulating system
Angus Thompson, Brisbane Times, 29 January 2023
Domestic abusers will be barred from repeatedly dragging their victims through courts and a legal presumption of shared parenting responsibilities will be scrapped in what domestic violence campaigners say will prevent partners from weaponising the courts against their families.
Statistics released by the Family Court in December revealed a risk of family violence in 80 per cent of parenting disputes before the court, and a risk of child abuse in 70 per cent of matters.
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Would a law banning the Nazi salute be effective – or enforceable?
Josh Roose, The Conversation, 20 January 2023
Amid the growing threat of far-right extremism in Australia, Victoria recently became the first state to ban the Nazi swastika, (known as the Hakenkreuz). Publicly displaying the symbol is now a criminal offence and carries a penalty of up to $22,000, or 12 months of imprisonment.
Other states and territories, including NSW, Queensland, the ACT, Tasmania and most recently, Western Australia, are now taking similar steps.
These moves have been praised as a critical step toward depriving far-right extremists the use of a potent symbol associated with hatred, racism and the horrors of the Holocaust to intimidate and spread fear.
Far-right groups in Australia have also sought to leverage the swastika as a recruitment tool, pulling in young men (in particular) who are attracted to its association with hatred and violence.
But these laws banning Nazi symbols do not (yet) cover the other way far-right extremists espouse their hateful ideology in public spaces and online: the Nazi or “fascist” salute.
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‘Complete, unmitigated disaster’: inquest into Veronica Nelson’s death urges overhaul of ‘discriminatory’ Victorian bail laws
Adeshola Ore, The Guardian, 30 January 2023
A Victorian coroner has declared the state’s controversial bail laws discriminatory and a “complete, unmitigated disaster”, using landmark findings into the 2020 death in custody of First Nations woman Veronica Nelson to recommend urgent reforms.
Coroner Simon McGregor on Monday handed down the highly anticipated findings into the death of Nelson, a 37-year-old Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who was in prison after being arrested for shoplifting and refused bail.
McGregor found Nelson received “cruel and degrading treatment” by prison staff at the Dame Phyllis Frost Centre – the state’s maximum-security women’s prison – and that her death was preventable.
He concluded that the failures of Correct Care – the private prison healthcare contractor – and Corrections Victoria to define the role of the prison’s medical centre and establish proper procedures for information sharing between staff had contributed to her death.
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Alcohol bans and law and order responses to crime in Alice Springs haven’t worked in the past, and won’t work now
Thalia Anthony and Vanessa Napaltjari Davis, The Conversation, 25 January, 2023
Since colonisation, “interventions” to curb Aboriginal “crime” and alcohol have been deployed to control and harm First Nations communities and people. Nowhere is this more true than in the Northern Territory.
When these moral panics reach the national media and political stage, the response has typically been top-down policies by federal and territory governments to disempower First Nations people and deny equal rights.
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WA Police Union research finds death by suicide surpasses those killed on duty
Keane Bourke, ABC, 23 January 2023
Western Australia's police union says officers need to be offered more mental health support after its own research found rising levels of suicide in the force.
WARNING: This article contains content that some readers may find distressing.
Key points:
- Police officer suicide deaths exceeded those killed on duty
- The union wants officers to receive mental health training earlier
- It also wants officers to be given the 'right to disconnect' when off duty
By combining data from the National Coronial Information System, news reports and other sources, the union said it had created one of the largest collections of information about Australian police officer suicide.
The research found a total of 123 Australian police officers had taken their lives since 2000, with most of them occurring since 2015.
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Publications
All open access unless indicated.
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Far-Right and Jihadi Terrorism Within the United States: From September 11th to January 6th
Laura Dugan and Daren Fisher, Annual Review of Criminology, Vol. 6:131-153
Abstract: As tens of thousands swarmed the US Capitol Grounds on January 6th, 2021, to oppose the election of Joe Biden as President, thousands among them assaulted officers and breached the building to stop the certification of the election results, leading to nine deaths and hundreds of injuries. Despite being an act of terrorism and evidence that far-right extremists planned to take over the government, some dismiss January 6th as legitimate political discourse. This divisive response starkly contrasts with the unifying response to the jihadi attacks on September 11th two decades earlier, raising the question as to why the country has not also united against far-right extremism. This review argues that the Bush administration misused deterrence in response to the September 11th attacks. While unifying the country, it also disproportionately punished innocent Muslims and legitimized anti-Muslim ideals, giving rise to anti-Muslim hate crimes and backlash by jihadi extremists and emboldening violence from far-right extremists. This review combines research on deterrence, counterterrorism, anti-Muslim ideals, and far-right organizations with data on terrorism and hate crimes within the United States to delineate this argument and assess its alignment with the empirical progression of violence between September 11th and January 6th.
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‘A lot of the time it’s dealing with victims who don’t want to know, it’s all made up, or they’ve got mental health’: Rape myths in a large English police force
Anna Gekoski et al, International Review of Victimology
Abstract: Despite an increase in the reporting of rape, convictions in England and Wales have fallen significantly in recent years. Previous research has found high rape myth acceptance among police officers. Given that the police act as gatekeepers to the criminal justice system, subscribing to rape myths may have significant effects upon victim attrition and conviction rates. This study explores police officers’ use of rape myths and how these may impact investigations and prosecutions. A total of 17 semi-structured interviews were conducted with police officers from a large English police force. The interview data were analysed using the qualitative method of thematic analysis. Although there were instances where officers demonstrated some awareness of the need to dispel or counter rape myths, rape myths were employed by most officers, with the most common relating to (1) victim fabrication (‘women lie’) and (2) victim precipitation (‘women ask for it’). Recommendations are made around screening and training for police officers.
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Understanding community attitudes toward miscarriages of justice: the role of social characteristics on perceptions of wrongfully convicted exonerees
Jessica Privitelli, et al, Psychology, Crime & Law
Abstract: Objective: Not all exonerees are perceived equally. Attitudes toward exonerees are negatively impacted by social characteristics, such as race and criminal history; providing significant challenges for exonerees attempting to reintegrate into the community. The present study examined whether exoneree race, gender and criminal history influenced ratings of desired social distance. Method: A community sample of 1043 females and males completed an online survey. Participants were asked to read a vignette of a mock news article that described a wrongful conviction, then complete a desired social distance scale. Exoneree gender, race and criminal history were manipulated in the news article, with a minimum of 120 participants randomised to eight vignette conditions. Results: Exoneree race and the presence of a prior criminal history had significant main effects on participant attitudes regarding desired social distance. There were no interactions between exoneree gender, race and priors, but differences did emerge suggesting differential views of desired social distance for females and older participants when the exoneree had a prior offence. Conclusion: Social characteristics, demographics and individual differences may be particularly important in forming community attitudes toward wrongful conviction. This holds important implications for exoneree reintegration and community attitudes toward the Australian criminal justice system.
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Why Is My Criminology Curriculum Still so White? “Race” and Racism as “Blind Spots” in UK Criminology Teaching and Student Recommendations for the Future
Nikhaela Wicks, Journal of Criminal Justice Education
Abstract: This article centers undergraduate criminology students’ concerns regarding their overwhelmingly white criminology curriculum. Situated at a UK university, this research draws upon focus groups and interviews with students and outlines three findings. Firstly, teaching on “race” and racism rarely arises. When it does, it focuses on “watershed moments” which are explored within singular sessions. Secondly, the white curriculum reinforces white, male and Western theoretical standpoints as the archetype, leading to feelings of disconnection. Thirdly, seminar discussions result in silence or racist viewpoints being shared, with these not adequately managed by lecturers. White students do not see themselves as part of a broader racialized structure, whilst some racialized students remain silent to enhance connection with their white classmates or to protect themselves from racism. This article acts as an urgent call for criminologists to reflect upon their current pedagogical choices and to begin embedding “race” and racism in the criminology curriculum.
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Using a reassessment framework to determine critical case management needs: DRAOR improves on LS/RNR’s predictive discrimination of short-term recidivism
Darcy J. Coulter and Caleb D. Lloyd, Psychology, Crime & Law
Abstract: Two core tasks within community corrections are estimating recidivism risk and providing supportive case management to supervised clients. Recent studies demonstrated that regularly reassessing dynamic risk factors enhances the predictive accuracy of case management tools that identify immediate client needs. Using a large sample (N = 2076) of adults on parole in an Australian jurisdiction, we evaluated whether reassessed versus initial scores from Level of Service/Risk, Need, Responsivity (LS/RNR) and Dynamic Risk Assessment for Offender Re-entry (DRAOR) better discriminated recidivists from non-recidivists. Using Cox regression survival analyses, we modelled risk for general and violent recidivism. Updated DRAOR scores incrementally predicted recidivism beyond initial scores, particularly showing that DRAOR Acute scores can identify needs related to immediate recidivism risk. Models combining LS/RNR criminal history scores with updated DRAOR Acute scores demonstrated the greatest predictive validity, suggesting case managers must consider acute dynamic risk factors within the context of long-term risk. We suggest that attending to criminal history, criminogenic needs and acute dynamic risk factors are each necessary for effective case management, with specific attention toward regularly reassessed acute dynamic risk factors among people identified with higher long-term risk and needs.
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Crime Sharing: How the Sharing Economy may Impact Crime Victims
Ben Stickle, Victims & Offenders
Abstract: The sharing economy (e.g., Uber, Lyft, Airbnb) is growing rapidly. It is a disruptive innovation in how people cooperate and share services and products in many ways. One of the likely outcomes of this change is reducing crime and transitioning from publicly provided justice systems to prevention and alternative dispute resolution. These changes occur because the sharing economy alters the opportunity structure of committing a crime and enhances safety by increasing digital place managers, guardians, and handlers. Further, the sharing economy places victims back at the forefront of concern and often identifies alternative dispute resolution outside the criminal justice system. These changes are evident from a content examination of 40 popular sharing platform websites. Findings indicate that 78% have a rating system in place, 50% have a help section for problems between sharers, 80% provide access to contracts on their websites, and 63% specify arbitration if disputes cannot be settled. These findings indicate that the sharing economy and private regulation are impacting the structure of the justice system, enhancing safety, reducing the private ownership of products, empowering victims with knowledge of sharing partners, and providing access to private arbitration to solve disputes.
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Haven't they suffered enough? Time to exoneration following wrongful conviction of racially marginalized minority- vs. majority-group members
Eran Itskovich, Punishment & Society
Abstract: Studies on the criminal justice process up to the point of conviction show that defendants who belong to racially marginalized groups suffer a greater risk of being wrongfully convicted. However, little attention has been paid to the period after conviction. Applying multilevel analysis to data from the National Registry of Exonerations in the United States, we compare the length of the exoneration process for members of racially marginalized minority groups who are shown to have been wrongfully convicted compared with their counterparts from the white majority group. Our results indicate that exonerees from racially marginalized groups serve more time out of their sentence compared to those who are white. Further analysis shows that these differences exist only with respect to exonerees in Republican-controlled states. These findings suggest that not only are racially marginalized minorities wrongfully convicted at higher rates, as found in previous studies, but also that they suffer longer periods of unjustified punishment.
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Call for papers: German Crime Prevention Congress 2023
Deadline: 31 January 2023
After three years of online and hybrid congresses, the German Crime Prevention Congress 2023 will return with its full presence and a broad range of prevention offers. The congress will take place on 12 & 13 June in Mannheim, Germany, and we cordially invite you to join us and visit the world's largest networking event in the field of crime prevention.
International experts from all areas of crime prevention are welcome to introduce, share and discuss their ideas, goals, outcomes, projects, and speeches with other experts on the DPT 2023. You can apply with a lecture, information stand at the exhibition, or poster. Deadline: January 31, 2023
The main topic of the 28th German Crime Prevention Congress is “Crises & Prevention”. In short, this year´s DPT is dedicated to topics such as perception, impact, handling, and preventive approaches to solving current crises.
What to expect? We are very pleased to provide the English-speaking audience and our international friends and colleagues with a particularly exciting and broad range of events this year. The DPT will offer several lectures and panels in its Annual International Forum (AIF) – the English-language part of the congress. In addition, both the congress opening and the congress closing as well as some other German-language sessions will be simultaneously translated into English for you.
Further information on the congress can be found on the German or English DPT website. Registration for the international audience opens in February. The congress programme will be published in March.
Please note: Until March 31st, congress tickets are available at the Early Bird Rate (215€).
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3rd World LGBTQ Conference for Criminal Justice Professionals: Better together
Victoria Police Force (Melbourne, Australia)
31 January – 3 February, 2023
In August of 2016, the Dutch National Police held the 1st World LGBTQ Conference for Criminal Justice Professionals. The conference was well attended by members of police organizations, public prosecution services and departments of justice from 26 countries and six continents. The Toronto Police Service hosted the 2nd World LGBTQ Conference for Criminal Justice Professionals in 2019 which built upon the success created by the Dutch. At the 2019 conference, Victoria Police (Melbourne, Australia) was announced as the host of the 2023, 3rd World LGBTQ Conference for Criminal Justice Professionals. Victoria Police looks forward to welcoming you to Melbourne for another fantastic conference!
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PRIDE COCKTAILS AND NETWORKING RECEPTIONNSW Law Society
Date: Thursday 23 February 2023
Time: 5.30pm - 8.30pm
Venue: Law Society of New South Wales
In collaboration with the recently launched NSW Chapter of Pride in Law – a national association of lawyers, academics and other legal professionals dedicated to enhancing the lives of the LGBTIQ+ community – the Law Society is hosting an informal cocktail and canape function for LGBTQIA+ members of the legal profession and their allies.
Come along for drinks, nibbles, music and networking as we welcome lawyers from across Australia and the world.
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Therapeutic JurisprudenceNational Judicial College of Australia
Date: 25-26 February 2023
Venue: Australian National University, Canberra
This conference, presented jointly by the National Judicial College of Australia and the Australian National University, brings together members of the judiciary, academics, policy makers and other experts to consider current issues and challenges in the Australian justice system. The focus of the 2023 conference is Therapeutic Jurisprudence. Courts applying Therapeutic Jurisprudence principles recognise – and address – individual factors which contributed to the offender’s criminal behaviour. The offender has the opportunity to engage with, rather than against, the court process. TJ principles and practice are applied in many specialist courts but have broader application in mainstream courts.
The conference is aimed at practitioners within the judicial system and others with an interest in offender rehabilitation.
The theme for the 2024 conference will be Sentencing.
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PRIDE ADDRESS AND BREAKFAST
Date: Friday 3 March 2023
Time: 7.30am - 9.30am
Venue: Law Society of New South Wales
The Law Society's Diversity and Inclusion Committee invites you to hear from one of the global legal profession's most passionate advocates for the rights of LGBTQIA+ people.
South Africa's former justice Edwin Cameron served as a Justice of the Constitutional Court of South Africa and is renowned for his HIV/AIDS and gay-rights activism, with Nelson Mandela declaring him "one of South Africa's new heroes".
With coffee and breakfast in hand, listen to former justice Cameron discuss his experience as a gay rights activist and share stories from his life and career in South Africa.
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QLS Symposium 2023
Date: Friday 10 March 2023
Time: 8.20 am – 5.30 pm
Venue: Brisbane Convention and Exhibition Centre, South Brisbane
QLS Symposium is the premier professional development event for generalist legal practitioners and other interested professionals in Queensland. It has been designed to equip practitioners with up-to-date knowledge, key strategies and practical tools needed to thrive in the complexity of legal practice.
The 2023 Symposium celebrates the 150th anniversary of the Society and will explore the evolution of the legal profession – reflecting on history, celebrating the present and looking to the future. In 2023 we will be returning to a fully in person event with opening and closing plenaries and six tracks of substantive law sessions across Family, Succession, Criminal, Property, Personal Injuries, and Commercial Law. Hear from leading industry presenters as they discuss planning for, embracing and thriving in Queensland’s emerging legal landscape. Following the day of learning, you will then have the opportunity to mingle with peers and presenters alike at our networking drinks.
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Solicitor, Police Accountability and Generalist Practice
Redfern Legal Centre
Applications Close: NA
This position suits an enthusiastic and dynamic lawyer who enjoys working with people experiencing disadvantage and assisting to create systemic change.
The successful applicant will be eligible to hold an NSW practising certificate and have at least 12 months of experience advising clients and/or conducting casework in relation to police powers, criminal law or general civil law.
Experience in running test cases, organising campaigns and activities and/or conducting media work aimed at achieving systemic reform would be an advantage.
The position will be predominantly within the Police Accountability Practice (3 days a week) with an optional additional day in the Generalist Practice which focuses on a range of generalist civil law areas, including advice and casework in discrimination, victims of crime applications and minor criminal law. The position will also provide initial advice and internal referrals to RLC’s main practice areas, including credit, debt and consumer law, employment law, tenancy and financial abuse.
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The extent and nature of poverty in Australia
The Parliament of Australia
Submissions close: 3 February 2023
Terms of Reference
The extent and nature of poverty in Australia with particular reference to:
- the rates and drivers of poverty in Australia
- the relationship between economic conditions (including fiscal policy, rising inflation and cost of living pressures) and poverty
- the impact of poverty on individuals in relation to:
(i) employment outcomes,
(ii) housing security,
(iii) health outcomes, and
(iv) education outcomes - the impacts of poverty amongst different demographics and communities
- the relationship between income support payments and poverty
- mechanisms to address and reduce poverty; and
- any related matters.
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Project Officer - Children's Court
NSW Department of Communities and Justice
Applications close: 12 February 2023
To manage the introduction of law and practice reforms in the Children’s Court in consultation with the President, the Executive Officer and other senior officers within the Children’s Court and the Department.
As part of the executive team at the Children’s Court you will develop and implement changes to the Court’s practice and procedure brought about by legislative reform or policy change driven by both the government and the President of the Children’s Court.
You will consult with key internal and external stakeholders and provide high level advice to the President and Executive Officer of the Children’s Court.
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Senior Strategic Intelligence Analyst (3 positions) State Intelligence Command
NSW Police Force
12 February 2023
The Strategic Intelligence team are uniquely placed within the Strategic Intelligence and Capability Command, State Intelligence to provide high level intelligence that is future focused. Strategic Intelligence works on a wide variety of crime types across the organisation from serious and organised crime to crimes that impact the community.
Senior Strategic Intelligence Analysts are required to liaise with stakeholders across specialist commands and the field. They will take the lead on intelligence products from inception to finish and be expected to work independently with self-direction. The Senior Strategic Intelligence Analysts will also play a key role in mentoring new intelligence analysts providing insight and advice on critical thinking and strategic writing.
The position is rostered weekdays with 9 working days a fortnight. There is also occasional opportunity to work on special operations for which shifts may vary.
The Strategic Intelligence team are located within Police Headquarters, central to Parramatta Central Business District and public transport hubs.
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Director, Advisings and Community Protection
NSW Government: Law Reform & Legal Services
Applications close: 13 February 2023
The Director, Advisings and Community Protection, Legal, will lead a team providing advice and support services to the Attorney General, other Ministers within the Stronger Communities Cluster, the Department of Communities and Justice (DCJ) executives and various Divisions of DCJ. The Director also assists the General Counsel in respect of all operations of the Branch including the provision of legal services and the implementation of strategies for change, reform and best practice. Positions in Legal are highly sought after.
As Director you will be a member of Legal’s executive team and lead a team of staff involved in the provision of frank, timely, expert, customer focussed, efficient and ethical legal services to the Branch’s stakeholders and in particular the Attorney General, as first Law Officer. You will provide advice in respect of their statutory and common law responsibilities, including work in respect of legislation relating to the safety and protection of the community and contributing to maintaining public confidence in the criminal justice system.
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The Treasury Consultation Paper: Access to offenders’ superannuation for victims and survivors of child sexual abuse
Closing date: 16 February 2023
The Government is seeking stakeholder views on 2 draft proposals to allow victims and survivors of child sexual abuse to access the superannuation of their offender for unpaid compensation orders. These proposals seek to support victims and survivors in accessing redress by preventing child sexual abuse offenders from shielding their assets in the superannuation system.
The first proposal would allow victims and survivors to release ‘additional’ contributions from an offender or spouse’s superannuation to satisfy an unpaid compensation order.
The second proposal aims to improve transparency and reduce the cost and complexity of pursuing compensation by providing visibility of superannuation accounts to ascertain the value of the ‘additional’ contributions made by an offender.
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Review of serious road crime - call for preliminary submissions
The NSW Law Reform Commission
Submissions close: 17 February 2023
The NSW Law Reform Commission has been asked to review aspects of the law relating to serious road crime. As part of this review, we are calling for preliminary submissions on issues relevant to the terms of reference, which include:
- whether the existing serious road crime offences, and the law on accessorial liability, are fit for purpose
- whether the maximum sentences for serious road crimes are appropriate
- the sentencing principles relevant to serious road crimes
- the experience and rights of victims of serious road crimes and their families in the criminal justice system, and
- any other matters considered relevant.
The NSW Law Reform Commission has released a short background note with a summary of existing offences that could be relevant to this review and their maximum sentences.
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EOI, Casual - Law and Criminology Sessional – Semester 1, 2023
La Trobe
Closing date: 20 February 2023
Duties at this level will include teaching in undergraduate Law or Criminology subjects, providing a high-quality experience that engages students through the conduct of tutorials in online, blended or face-to-face modes; grading assessment tasks and providing constructive, fair and timely feedback on learning to students.
You require a qualification of LLB (Hons) or BCrim (Hons) or higher.
Position Enquiries: Deputy Dean of Law and Associate Dean, Academic and Partnerships L.Neudorf@latrobe.edu.au
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Call for preliminary submissions: Firearms, knives and other weapons
NSW Sentencing Council
Submissions close: 3 March 2023
The Attorney General has asked the NSW Sentencing Council to review the sentencing of firearms, knives and other weapons offences in NSW.
We are calling for preliminary submissions on issues relevant to the terms of reference.
To have your say, please email preliminary submissions to us at sentencingcouncil@justice.nsw.gov.au
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BLOGS, INTERVIEWS & PODCASTS
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Judicial review to examine 'Croatian six' convictions
Broadcast Tue 17 Jan 2023
The New South Wales Supreme Court has ordered a judicial review in the convictions of the so-called 'Croatian Six'. Justice Robertson Wright said there are doubts and questions about the evidence used to convict the men in 1981. This episode first aired in September 2022.
Guests: Hamish McDonald – investigative journalist; author, Framed (2012), Reasonable Doubt: Spies, Police and the Croatian Six (2019)
Lydia Peraić – former wife of Joseph Kokotović
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"Everyone knows that children do their best when they are supported, nurtured and loved. But right now across Australia, children as young as 10 can be arrested by police, charged with an offence, hauled before a court and locked away in a prison.
We know these laws are harming children at a critical time in their lives. When children are forced through a criminal legal process, at such a formative time in their development, they can suffer lifelong harm to their health, wellbeing and future"
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