bluuebunny/crossref_metadata_2025 huggingface dataset:
The Influence of Pre-Sentence Reports on Sentencing in a District Court in New Zealand
Authors: Deane Heather
Published: January 2011

Research in England, USA and Australia has found that pre-sentence reports may produce gender and race biases which can have a direct effect on sentencing, thus contributing to the over-representation of black and indigenous offenders and the under-representation of women in the criminal justice system. Since 1985 in New Zealand, pre-sentence reports have become an increasingly important feature of the criminal justice system because of expanded community-based penalties which are administered by the Probation Service and for which a fuller report is required. This paper examined the use of the pre-sentence report in the sentencing process in the Wellington District Court to establish if gender and race biases were evident. A sample of 152 pre-sentence reports were examined and the major findings did not agree with previous research. In terms of race, few differences were found between the way in which Maori (New Zealand's indigenous people) and Pakeha (European New Zealanders) were dealt with in this court. However, significant gender differences were apparent in the choice of community-based sentence imposed.
Forget Crime: Accusation, Governance and Criminology
Authors: Pavlich George
Published: January 2011

This paper considers the plight of criminology under post-disciplinary conditions. By returning to the etymology of the term “criminology”, it suggests how a critical and deconstructive approach (a logos) to crimen as accusation (judgement, verdict) could be used to develop a post-disciplinary criminology. The latter aims to challenge the technocratic priorities of governance that appear to have colonised many discourses framed around images of “crime”.
Criminologies of Catastrophe? Understanding Criminal Justice on the Edge of the New Millennium
Authors: O'Malley Pat
Published: January 2011

The closing years of the 20th century saw the circulation of many theories proposing that criminal justice and penality are undergoing radical transformation. The paper reviews the current status of three of these, concerned with “postmodern penality”, the “death of the social”, and the “risk society”. While each can be linked with recognisable and important changes, in general they have exaggerated the universality and impact of the transformations concerned. In part this is because they adopt frameworks of analysis that minimise the role of relational politics, and thus underestimate: the impact of resistance to change; the instability of programs and their tendencies toward hybridity; and the emergence of other, competing, transformational tendencies. Such theoretical schema need to be regarded more as resources for a politics of crime and penality, than predictions of catastrophic change and maps of the future.
Criminology, Difference and Justice: Issues for Critical Criminology
Authors: Hudson Barbara
Published: January 2011

The principal task of criminology is to produce the criminal as object-of-knowledge. Whether the sources of criminality are located in biology, psychology or culture — as in the various right realisms — or in the class, racist and sexist structures and values of societies — as in left realisms and the new criminologies of masculinities — the offender as object-of-knowledge generally emerges as young, impoverished, often black, usually male, and marginalised. The offender is portrayed as different, as Other. The article points out that “difference” is the central focus of criminology, and also a key motif in “affirmative postmodern” work aimed at reconstruction of theories of justice. Some emergent theories and practices of justice are mentioned, and it is argued that theories and institutions of justice need to bring together acknowledgement of difference, and elaboration and defence of rights.
Postmodern Criminology and its Feminist Discontents
Authors: Howe Adrian
Published: January 2011

This article examines the work of self-defined exponents of a “postmodern” criminology. This school of critical criminology takes Jack Katz's Seductions of Crime: Moral and Sensual Attractions in Doing Evil (1988) as its foundational text. Because Katz's book focuses on the sensual feel rather than on the causes of criminal behaviour, it has been acclaimed as a new and even heroic, post-positivistic approach to criminality. It is neither. Moreover, from any feminist perspective, there is nothing critical about it. The foundational concepts of Katzian-inflected “postmodern” criminology are caught in the same universalising, androcentric paradigms which bedevil the positivistic criminology it claims to displace. The so-called “postmoderism” which is said to inform this new school displays a spectacular ignorance of the conceptual advances made by feminist poststructuralist theorists in a range of fields. More broadly, this article aims to show that nothing, and certainly not the “postmodernism” of the Katzians, can save criminology as a discipline. Criminology in its ostensibly post-positivistic and “postmodern” formations is as intellectually and politically bankrupt as the positivism it imagines it transcends.
The War on Sex Offenders: Community Notification in Perspective
Authors: Hinds Lyn , Daly Kathleen
Published: January 2011

This article explores the contemporary phenomenon of “naming and shaming” sex offenders. Community notification laws, popularly known as Megan's Law, which authorise the public disclosure of the identity of convicted sex offenders to the community in which they live, were enacted throughout the United States in the 1990s. A public campaign to introduce “Sarah's Law” has recently been launched in Britain, following the death of eight-year old Sarah Payne. Why are sex offenders, and certain categories of sex offenders, singled out as targets of community notification laws? What explains historical variability in the form that sex offender laws take? We address these questions by reviewing the sexual psychopath laws enacted in the United States in the 1930s and 40s and the sexual predator and community notification laws of the 1990s, comparing recent developments in the United States with those in Britain, Canada, and Australia. We consider arguments by Garland, O'Malley, Pratt, and others on how community notification, and the control of sex offenders more generally, can be explained; and we speculate on the likelihood that Australia will adopt community notification laws.
Patterns of Criminality in New South Wales, 1788–1973
Authors: Grabosky Peter N.
Published: January 2011

This study presents the initial report of the author's research on the history of the New South Wales criminal justice system. Following a review of available crime statistics from 19th and 20th century New South Wales, the major methodological obstacles to the longitudinal study of criminality are discussed, and corrective measures are suggested which permit use of existing data for illustrative and analytical purposes. Long term trends in the rate of serious offences against persons, property, and sexual morality in New South Wales reflect patterns typical of most Western industrial societies; gross trends over the history of New South Wales have been downward, with slight reversals occurring since World War II in the cases of acquisitive crime and sexual offences. Multiple regression analysis was employed in an effort to discern with greater precision the determinants of the trends in question; the over representation of males in the early 19th century and the urban growth characteristic of 20th century New South Wales emerged as the most significant correlates of the forms of criminality under investigation. The study concludes with a discussion of strategies for future research in historical and comparative contexts.
Crime, Migrants and Employment
Authors: Coyle I R , Francis R D
Published: January 2011

Job applications were sent to seventy-six private and seventy-six public companies. Applicants were identified as Australian or Yugoslav born and half of each of these two groups were identified as ex short-term prisoners, the remaining half carried no criminal identification.

Neither ethnic background nor criminal history had a significant effect on time taken to reply to the application, percentage of replies or percentage of negative replies. These statements are equally true of both public and private companies.

The only significant finding was an interaction of ethnic background — criminal background with respect to non-replies. This was interpreted as a courtesy factor.
Knowledge of the Law: The Disadvantaged Delinquent?
Authors: Sanson-Fisher R , Woollacott H , Mulligan B
Published: January 2011

There is evidence to suggest that labelled delinquents are disadvantaged because they lack social survival skills. The present study examines the proposition that labelled delinquents are disadvantaged because they have a poorer knowledge of the law. A 33-item multiple-choice questionnaire covering a wide range of offence and police encounter situations was administered to 221 institutional adolescents (labelled group) while 205 school students provided the comparison non-institutional group (non-labelled). There were two general findings. First, the non-institutional group was significantly better than the institutional group, but all the adolescents showed a disturbingly limited knowledge of many laws. Second the superior performance of the non-institutional group was not “ali-or-none”: on some items the institutional group were superior. The findings were discussed in terms of differing experiential background and the social disadvantage of the institutional adolescents.
The Job Expectations of Prison Officers: A Profile of Victorian Recruits
Authors: Van Groningen John
Published: January 2011

Studies of job satisfaction relating to human service organizations (except educational establishments) are scarce. This paper is a preliminary analysis of one aspect of a job satisfaction study of uniformed staff working in correctional (prison) establishments. A questionnaire measuring job expectations was administered to 65 prison officer recruits in 1978. A second questionnaire was administered to 19 of the recruits in order to measure the changes experienced after they had performed the duties of their position within the correctional service. The expectations of the recruit officers were analysed in relation to the demographic information available from the survey instrument. Possible policy implications for the administration of correctional services are proposed.
Crime, Females and Statistics
Authors: Challinger Dennis
Published: January 2011

Inspection of Victoria Police data shows that females proceeded against account for an increasing volume of crime, and have higher offending rates over 1960\2-1979. The bulk of female offences remain in the property area and in particular theft from shops accounts for most female activity. Changes in retail security procedures may explain some of the increase and that, in turn, may follow from a belief about the aims of the women's movement. The similarity of these findings with American results is noted.
Policing the Periphery: The Development of Scottish Policing 1795–1900
Authors: Carson W G
Published: January 2011

This article, which is in two parts, addresses a much neglected topic — the early development of policing in Scotland. In Part I, the remarkably early growth of Scottish policing was mapped out, and the way in which some distinctive features of the term's earliest usage carried over into the nineteenth century police form was examined. Analytical emphasis in the first part of the article was upon the forces giving rise to the conditions under which the institution of police could emerge, how the penetration of capitalist relations into Scotland made policing an attractive urban and rural possibility. An attempt was also made to break through the explanatory nihilism of some recent historians who perceive so much local diversity and uneveness in the history of policing and criminal justice during the nineteenth century that they are driven effectively to abandon all overarching structural explanation. Instead of surrendering to the temptations of descriptive empiricism implicit in such elevation of diversity to analytical pre-eminence, the first part of the article attempted to analyse the interplay between macro-structural factors and local exigencies in such a way that some sense could be made of diversity itself.

The second part of the article will be devoted to the other side of the relationship between Scottish policing and the society in which it emerged, to the ways in which policing contributed to the formation of social relations appropriate to a society moving rapidly into the phase of industrial capitalism. While being careful to avoid the cruder functionalist and teleological overtones of an approach which specifies the effects of policing and then attributes causative force to those effects, it nonetheless acknowledges the significance of policing for the new order emerging in Scotland during this crucial period. In so doing it completes the “relational” circle, a conceptual framework which, as well as stressing how the institution of police was shaped by the totality of Scotland's nineteenth century order, also emphasizes how policing helped to shape that order itself.
Public Drunkenness in New South Wales: From Criminality to Welfare
Authors: Cornish Andrew
Published: January 2011

This article examines a legislative attempt to decriminalize the offence of public drunkenness and to establish in its place a welfare scheme for the care of public drunks. This scheme was set up under the Intoxicated Persons Act 1979 in New South Wales, which came into effect in March 1980. The main focus of concern is the behaviour displayed by police and welfare agencies under this scheme, with a view to assessing whether the shift from a criminal to a welfare approach was in fact brought about.

The research on which this material is based was carried out over a seven month period in 1981 and 1982 while employed as a researcher for a government Task Force monitoring the legislation. However, it should be stressed that the material and interpretations presented here are my own, and should in no way be taken as reflecting the views of that Task Force, the New South Wales government or any of its departments.
Reforming child welfare: Diverting by-ways on the road to utopia?
Authors: Carney Terry
Published: January 2011

This article, written from a less than detached standpoint by the chairperson of the body concerned, takes the recently completed review of child welfare practice and legislation in the Australian State of Victoria, as a case study of the contours, and of the factors which shape, law reform in areas of social policy. Substantive issues dealt with in the body of the Report1 will not be addressed here. Rather, the article considers some of the reasons which might explain why the task was not entrusted to one of the existing structures for the review of law and social policy in this State, and it canvasses some of the features which may make review by such a free-standing committee the preferred approach when reviewing social policy.

The main theme to be explored is that of the role of reviews in accelerating (or inhibiting) the process of change in a legal, welfare practice and public policy context. To this end the article addresses such matters as: the significance of the composition of the review body; its techniques of consultation with the public and with government; its dealings with government and major centres of power; and related matters which bear on its capacity to discharge its basic mandate. The contextual pressures which favour system inertia, or which may transform reform measures into something other than what was intended by the proponents of change, will also be alluded to.

It will be argued that the model of expert independent committee suffers from a vulnerability to the effects of external factors and relationships. These may leach away much of its capacity to undertake a thorough, detached evaluation of its specified field, and preclude it from building up significant momentum for change. Nevertheless, it is contended that these weak points are capable of being shored up. As a consequence it is concluded that this model is superior to its competitors when a significant area of social policy is thought to be ripe for evaluation and change.
Issues in firearms control: a critique of the 1985 New South Wales legislation
Authors: Fine J David
Published: January 2011

New South Wales recently has adopted significant amendments to its firearms control laws. In so doing it has evinced certain fundamental policy choices. These relate to matters including gun registration and the licensing of gun owners; controls on ammunition; the appropriate locus of discretion in firearms control matters; the appropriate controls for especially dangerous types of firearms; the situation of primary producers; reciprocity in firearms licensing within Australia; and the collection of historically significant firearms.

This article identifies the policy preferences implicit in the 1985 New South Wales law. It then proceeds to critique these policy decisions with reference to patterns of law (present and emerging) in the country's other jurisdictions, and the relevant secondary literature in the field. While concluding that the newly amended New South Wales legislation remains “functional and purposive”, on the whole, the article ends with a problematic for the future.

VII. And be it further enacted, That every person who shall be found with any fire-arms, or other instruments of a violent nature, in his possession, and shall not prove to the satisfaction of the Justices of the Peace as aforesaid, that the same was or were not intended to be illegally used, as hereinbefore is provided, shall be deemed to be guilty of a high misdemeanour, …A
Why are crime rates higher in urban than in rural areas? — Evidence from Japan
Authors: Ladbrook Denis A
Published: January 2011

Three sociological explanations for why rates of conventional crime are higher in urban than in rural areas are tested with cross-sectional Japanese data for 1970. The three explanations ascribe the higher rates of urban crime to (1) the degree of urbanisation and populated density, (2) the greater rates of migration and population growth in urban populations, and (3) the differences in demographic structures between urban and rural areas, urban areas having greater proportions of young people. Eight indicators are used to test six hypotheses for six crimes against persons and property, with the 46 Japanese perfectures as units of analysis. Measures are taken to constrain the degree of multicollinearity that exists among the independent variables.

While the structural indicators measured at an ecological level are not powerful in explaining inter-perfectural variations in rates of homicide, rape and arson, they are significantly associated with larceny, robbery and assault rates. Multiple regression analysis ascribes greatest weight in explaining the variation in rates of property crime to the higher proportion of young adults in urban populations, and to the higher rates of migration in these populations. The differences between Japanese and Western levels and patterns of crime are attributable to the operation of powerful mechanisms of family and community social control and to methods of policing. Trends comparable with those in the West are emerging through youth crime in the context of urban conditions.
Making Sense of the Heroin-Crime Link
Authors: Dobinson Ian
Published: January 2011

This article explores the heroin/crime relationship in Australia by drawing across data from three reports produced by the NSW Bureau of Crime Statistics and Research. It is contended that the relationship between heroin use and crime is best understood in terms of the antecedents and consequences of regular heroin use, and the social context in which both drug use and crime occur. It is argued that causal theories have “camouflaged” these factors. The implications for policy are briefly reviewed.
Parolee perspectives on prison education and work programmes
Authors: Gorta Angela , Panaretos Helene
Published: January 2011

This article reports the findings of a research project which sought to document the extent to which prison education and gaol work experience were found to be useful by a sample of NSW parolees. The results indicate that from the parolees perspective educational courses in prison have some positive effects in terms of skills, self-esteem and confidence. However, no marked changes were found in the employment trends of parolees pre- and post-gaol Work release provided some parolees with direct access to employment and in general was thought to help with readjustment to society. Overall, the results indicate that there is a gap between the training a prisoner receives in gaol and the help required upon release.
Defining organised crime in Australia and the USA
Authors: Bersten Michael
Published: January 2011

Although of great importance and widespread usage, the phrase “organised crime” has no settled meaning. It is often defined imprecisely and inadequately, thereby having a misleading and unhelpful effect in the many contexts in which it is used. In this article the leading examples in Australia and the USA of the main types of definitions of organised crime are critically analysed. Through identifying their many and various unsatisfactory features an alternative definition is developed, namely that organised crime is the field of transactions materially connected with markets in illegal goods and services. By way of conclusion, its advantages and application are briefly noted.
The recidivism of prisoners released for the first time: reconsidering the effectiveness question
Authors: Broadhurst R G , Mailer R A
Published: January 2011

This article describes the recidivism of 16,381 prisoners released from Western Australian Prisons between June 30 1975 and June 30 1987. Probabilities of ultimately returning to prison were estimated at 0.45, 0.76, 0.36 and 0.69 for male non-Aborigines, male Aborigines, female non-Aborigines and female Aborigines, respectively. A declining trend in recidivism over the period 1975–1980 was found to have levelled off from 1981–1985. These trends were related to important alterations in the definitions of the law, particularly to the decriminalisation of drunkenness and the introduction of mandatory prison for repeat offences of drunk driving. Recidivism also varied significantly with other demographic and institutional factors. Recidivism in this study was defined as a return to WA prisons for any offence, but varying definitions by deletion of fine defaulters made only minor differences to the estimated proportions returning.
Victims of Violence: The Case of Homeless Youth
Authors: Alder Christine
Published: January 2011

Especially in the media, young homeless people are frequently presented as posing a violent threat to other members of the public. However, the economic circumstances, living situation and age of homeless youth are consistent with factors identified in victim research with vulnerability to violent crime. The present research explored the nature and extent of violent victimisation of homeless young people after they had left home. Intensive interviews were conducted with 51 homeless youth who were under the age of 18. Almost two-thirds of these young people had been physically assaulted and half had been sexually assaulted in the previous 12 months. The perpetrators of this violence were predominantly male. There were major differences in the nature of the violent experiences of the young men and the young women in terms of the relationship to the perpetrator, the location of the assault and the motivation. The demand for sex was a factor throughout the experiences of the young women.
The Role of Gender in Intimate Homicide
Authors: Polk Kenneth , Ranson David
Published: January 2011

This report is an analysis of homicide in situations where the victim and the offender have been involved in a relationship of sexual intimacy. It draws upon qualitative analysis of 121 case studies of homicide prepared from the files of the Office of the Coroner of Victoria for the years 1985 and 1986. Of these, just over half (51%) involved victims and offenders linked by some form of intimate relationship, while just under one-third (31%) were in a sexual relationship. Gender emerged as a major feature of lethal violence in such situations of sexual intimacy. Possessiveness was a feature of male violence toward their female partners. When the women were younger, this was most often accompanied by jealousy and a history of violence, while with older women the homicide most often arose out of the deep depression of the male which led him to commit suicide, with the partner's homicide being part of the suicide plan. Women did not kill their male partners out of jealousy, but instead in most cases were protecting themselves from the earlier violence of the male.
Inter-Agency Relations: Some Hidden Obstacles to Combating Organised Crime?
Authors: Corns Chris
Published: January 2011

This article critiques the argument that poor relationships between law enforcement agencies inAustralia has actedas a majorbarrier to combating organised crime. Thesignificance oflegislativesecrecy provisions restricting the communication of information between agencies is examined aswellas the role oforganisational ‘subculture’.
Gangs in New Zealand Prisons
Authors: Meek John
Published: January 2011

Gangs became a permanent feature of New Zealand prisons during the 1980s. Surveys indicate that more than 20% of inmates have past or present gang affiliations. This article looks at the gang phenomenon both in the community and in prisons. A case study looking at the impact of gangs at Auckland Maximum Security Prison (Paremoremo) is included; a unique inmate subculture was destroyed and inter-gang conflict resulted in the prison being run on a unit basis. Using information from the 1989prison census, including unpublished material, the article examines the level of gang membership and compares gang members and unaffiliated inmates over a range of variables. Gang members were found to be more likely to be younger, classified as requiring medium or maximum security custody, convicted of violent offences and serving longer sentences. The article also looks at management approaches to gangs in prisons and a fresh approach being adopted by the Department of Justice.
Big Men, Small Men and Invisible Women — Urban Crime and Inequality in Papua New Guinea
Authors: Dinnen Sinclair
Published: January 2011

Papua New Guinea has acquired an unenviable reputation as an increasingly lawless and violent place Allegations of corruption amongst leaders are rife, whilst violent street crime is seen as pandemic in the urban areas. Structural inequalities of recent origin provide a promising explanatory variable for theoretically linking white collar crime and urban street crime in contemporary PNG. Concentrations of wealth and power that have occurred over a short period of time have dramatically increased criminal opportunities at both ends of the urban social hierarchy. At the same time high levels of structural humiliation have been induced by these growing inequalities. This humiliation has, in turn, contributed to certain forms of violence. Recent crime control measures have largely failed to address this broader structural context and, consequently, have had little positive impact.
On The Quest for a General Theory of Crime
Authors: Weatherburn Don
Published: January 2011

The article deals with the prospects for general theories of crime. It begins with a review of the empirical conditions which have proved propitious for general theory in other branches of science and concludes that no similarly propitious conditions for general theory exist in criminology. It then attempts to show that the schematic nature of existing criminological theories means that current attempts at theoretical integration in criminology are unlikely to deliver any real gains in explanatory power or any secure foundation for crime prevention policy. The discussion concludes by urging theorists to pursue detailed explanations for specific patterns of offending rather than general theories of crime.
Social Skills and Human Relationships: Training for Sex Offenders
Authors: McCulloch Sue
Published: January 2011

The writer designed and implemented a Social Skills and Human Relationships Training Program which was introduced into one of Queensland's protection prisons. The design included evaluation procedures which were applied to a group study. Six inmates participated in the program which involved basic and complex social skills and sexual relationships training. The results indicated the utility of the program, especially in terms of the acquisition of personal insights. Recommendations for future programs include assessment of transfer of skills to the community setting. The essential feature of the program was its flexibility so that the individual needs of each inmate could be met as fully as possible.
Rape, Resistance and Women's Rights of Self-Defence
Authors: Reekie Gail , Wilson Paul
Published: January 2011

The legal and criminal justice systems proceed on the masculinist assumption that a woman's body communicates her lack of consent to sexual intercourse and that a woman will offer strong physical resistance to sexual violence. Recent changes to the legal definition of non-consent as a positive and performative act provide women with greater protection under the rape laws. Women are unlikely to be protected by the law, however, if their physical resistance to sexual assault results in death or serious injury. This paper argues that, to ensure that women subjected to sexual violence have full equality and justice before the law, all manifestations of women's resistances must be seen as acceptable and lawful acts of self-defence.
Victoria's “Day in Prison Program”: An Evaluation and Critique
Authors: O'Malley Pat , Coventry Garry , Walters Reece
Published: January 2011

The use of “Day in Prison” programs to deter young adult offenders is a concept which originated in the United States and was replicated in Australia during the late 1970s. After almost a decade of uncertainty this model of ‘crime prevention’ re-emerged in Victoria with the introduction of a pilot “Day in Prison” program.

This article traces the development and operation of the Victorian experience and provides evaluation research findings which conclude that coercive, intimidatory and degrading aversion techniques should not be utilised by the criminal justice system for the purposes of individual deterrence.
Corporate Performance Crime as Structurally Coerced Action
Authors: Sharpe Andrew Neville
Published: January 2011

This article will argue that corporate performance crime can be described as structurally coerced action because it represents the most reasonable response to a sanction-containing organisational demand set beyond a legitimately attainable threshold. This account of corporate performance crime recognises the importance of structural strain, rational choice and social learning experiences as key contours on its contextual landscape. However, the concept of coercion as a moral concept requires a further and vital ingredient — encroachment upon some moral right. The claim of right to be asserted is one to have organisational rewards allocated upon the basis of merit-based criteria. It is strain theory which provides a space for the assertion of encroachment upon this moral right, while the theories of rational choice and social learning help explain the reasonableness of action. The designation of corporate performance crime as coerced action contains implications for criminal responsibility, punishment and crime-prevention strategies which the article explores.
The Revival of Preventive Detention in New Zealand 1986–93
Authors: Meek John
Published: January 2011

A sensational offence by a recently released prisoner with a long history of sexual offending led to the scope of preventive detention being extended in 1987 prompting a dramatic increase in use of this sentence by the New Zealand courts. A committee of inquiry had previously criticised this sentence, which provides for the indefinite detention of dangerous offenders, as ‘arbitrary, selective and inequitable’ and recommended its abolition. In the 1987–93 period, a total of 48 persons received this sentence compared with 28 during the previous 19 years. The revival of preventive detention is seen as a case study of law and order politics as this previously little used sentence became a central feature of the efforts of successive governments to respond to increasing levels of violent crime. The principal deficiencies of this sentence are identified as (1) inconsistency in its use; (2) its lack of focus and the Court of Appeal's failure to provide meaningful guidance to judges; and (3) the severity of the sentence which involves detention for a minimum term of 10 years.
Anticipating the Future: The Early Experiences and Career Expectations of Women Police Recruits in Post-Fitzgerald Queensland*
Authors: Wimshurst Kerry
Published: January 2011

This study investigates the recent large-scale entry of women into policing in one Australian state following a period of supposed major organisational and philosophical reform in the Queensland Police Service It focuses upon the early experiences of women recruits and their thoughts about their futures The research literature shows that women have usually encountered considerable resistance when trying to establish themselves in police organisations both locally and overseas

In view of this, an important aim of the study is to try to determine whether there are any signs of fundamental change for women entering policing in the 1990s The evidence suggests that while men and women entrants have much in common, there are some significant biographical and anticipatory differences The study concludes that continuity rather than change is likely to charactense the experiences of women entering policing, obstacles to full integration persist The situations of women recruits are discussed under five themes which encompass continuity of experiences, physicality, exclusion, ambivalence and coping strategies.
The Impact of Different Supervision Practices in Community Corrections: Cause for Optimism
Authors: Trotter Christopher
Published: January 2011

Can community corrections programs or probation reduce the incidence of recidivism among offenders under supervision? This question continues to be controversial. Some of the more recent research indicates, however, that recidivism is likely to be reduced by as much as fifty percent if certain supervision practices are adopted. This research has found, among other things, that supervision characterised by a pro-social approach, the use of problem solving and the use of empathy, is related to lower recidivism. This study looks at these factors in community based corrections in Victoria. It finds that where supervisors make use of these supervision principles, client recidivism rates, as measured by breach rates and re-offending rates one year and four years after the start of supervision, are twenty five to fifty percent lower. The study also finds that the pro-social approach seems to have more impact than the use of problem solving or empathy.
Sentence Disparity, Judge Shopping and Trial Court Delay
Authors: Weatherburn Don , Linc Bronwyn
Published: January 2011

Until recently, criminal matters finalised by way of a trial in the NSW District Court have been the subject of substantial delays. In 1990–93, there was a significant drop in the backlog of trial cases pending in the court but the corresponding reduction in trial court delay has been less substantial than might have been expected. The article draws on past research showing that adjournments contribute significantly to trial court delay and considers the question of whether the practice of 'judge shopping' might in part be responsible for the high rate of adjournments. Evidence is presented showing that there are substantial disparities in the use of imprisonment by District Court judges and that this appears to be a determining factor in the willingness of defendants to proceed to trial.
Punishment in the Community — Seven Years on
Authors: Muncie John
Published: January 2011

This article takes the form of a response to the National Centre for Socio-Legal Studies’ evaluation of the Victorian Youth Attendance Order. Referring to previous research which has warned of the dangers of up-tariffing, lack of purpose, custodial jeopardy and the re-offending rates found in similar high-tariff community orders in England and elsewhere, it is noted that whilst by some criteria such orders may be considered a ‘success’, their place in the sentencing hierarchy and their vulnerability to political exigencies remain key matters of concern. The article underlines the point (by drawing upon international comparisons) that juvenile justice reform does not simply take place in some depoliticised, managerial or technical realm, but is contingent on broader political agendas and priorities.
The Wood for the Paper: Old-Growth Forest, Hemp and Environmental Harm
Authors: Halsey Mark
Published: January 2011

This article examines the politico-legal construction of environmental harm. It does so by comparing and contrasting the production processes and legislation relating to the clearfelling of old-growth forest and harvesting of fibre hemp for paper products. It asks why it is lawful to engage in an activity which is ecologically harmful (ie clearfelling old-growth forest), and, conversely, why it is illegal to engage in an activity which is ecologically benign (ie cultivating fibre hemp). Through an explication of the relative harm resulting from the processing of these resources, questions are raised as to the ecological utility of legislation that permits the destruction of a unique resource but prohibits the harvesting of a sustainable alternative. The article suggests, amongst other things, that criminologists need to make a clear analytical distinction between events termed ‘environmental crime’ and those which might correctly be termed ‘serious instances of ecological destruction’. More generally, the paper attempts to isolate the different conceptions of environmental harm that emerge from the comparative study, and proceeds to outline some of the more serious implications for present criminological approaches to the issue of environmental harm.
The Exercise of Police Powers in Queensland: The Defendant's Perspective
Authors: Edwards Anne
Published: January 2011

This paper presents the findings of a survey of 489 defendants appearing in Queensland Magistrates Courts. The survey was designed to collect information about police arrest, questioning and searching practices from the perspective of people who had been subject to the exercise of these powers. The primary objectives of the study were to identify any problems with current police powers and to establish baseline measures to assist in monitoring the implementation and impact of any new legislation. It was found that the results of the study generally align with the results of other research, and with anecdotal evidence. It is argued that a study of this nature is a valuable supplement to other information and could be employed elsewhere to provide jurisdiction-relevant data. When the regulation of police powers is reviewed, data of this nature are a potentially rich source of information for legislators.
Evaluating Private Prisons: Comparisons, Competition and Cross-fertilization
Authors: Bottomley A Keith , James Adrian L
Published: January 2011

Following the opening of the first privately managed prison in the UK, Wolds Remand Prison, the authors were commissioned to conduct a comparative evaluation. Studies in the USA and Australia suggest that, compared with similar prisons in the public sector, privately managed prisons appear to operate at lower cost, without any significant reduction in the quality of provision. However, regimes of equal quality are to be found in the public sector, showing that privately managed prisons have no monopoly on innovation or good practice. Reviewing the argument of Harding (1997) that privatization is intended to have a ‘cross fertilization’ effect on the whole prison system, it is difficult to disentangle the effects of other changes on prison conditions and regime delivery. It seems more likely that it is the new competitive ethos and the introduction of managerialist techniques that have impelled prison managers to economise, innovate and often match the achievements of the private sector.
Models of Inter-Racial Offending: An Evaluation
Authors: Reidpath Daniel D , Diamond Mark R
Published: January 2011

Inter-racial offending, and the related question of racial motivation for criminal assault, is an important area of criminological research. It is a sensitive issue, however, which requires veridical models and accurate interpretation. Three models of inter-racial offending which have been previously described in the literature are contrasted and their difficulties of interpretation are discussed.
Homophobic and HIV-related Abuse and Discrimination Experienced by Gay and Homosexually Active Men in an Australian National Sample
Authors: Van de Ver Paul , Kippax Susan , Crawford June , Race Kane , Rodden Pam
Published: January 2011

To determine the extent of abuse and discrimination experienced by gay and homosexually active men in Australia, data from a national telephone survey, Project Male Call ‘96, were examined. In all, 3039 men ranging in age from 14 to 82 years (median, 33) participated. For the 12 months prior to interview, 422 men (13.9%) reported HIV-related abuse and 1184 men (39.0%) reported homophobic abuse. Altogether, 1233 men (40.6%) had experienced either or both types of abuse and it was usually at the hands of more than one perpetrator. Depending on the form it took, experience of abuse was associated with younger age, tertiary education, being in other than manual occupations, gay community attachment, having only male sex partners, HIV positivity, use of beats and wide disclosure of sexual orientation. These findings — the first national figures of their type — clearly indicate that there is no room for complacency in this area.
The Progress of 500 Referrals from the Child Protection Response System to the Criminal Court
Authors: Hood Mary , Boltje Christopher
Published: January 2011

Five hundred concerns about abuse to children cases were followed from the initial report to a child welfare system through the intervention process to criminal prosecution. The sample originated with the Child Protection Services, a unit based in a paediatric hospital in the state of South Australia, and its links to the wider child abuse reporting and intervention system are described. This study showed only 27.4% of cases substantiated at the welfare/health level were prosecuted in criminal courts, and only 17% achieved a conviction, half of those resulting from a guilty plea. The apparent reasons for this are detailed, including the links to the characteristics of the children, the accused and the professional and legal systems. The study suggests non-prosecution does not indicate that cases were too readily substantiated. On the contrary, constraints in the legal system lead to choices being made by all involved about whether to proceed which significantly reduce the likelihood of prosecution.
Some Reflections on New Criminal Justice Policies in Canada: Restorative Justice, Alternative Measures and Conditional Sentences
Authors: La Prairie Carol
Published: January 2011

There have been significant changes in criminal justice policy in Canada in the past two years. Among these was Bill C-41 which received Royal Assent on July 13, 1995, and came into force on September 3, 1996, and amended the sentencing provisions of the Criminal Code of Canada (CCC). This legislation contained two provisions which are widely considered to have the most potential to reduce the use of imprisonment especially at the provincial and territorial levels. Another related change in criminal justice policy in Canada has been the adoption of “restorative justice”. A general over-reliance on the use of imprisonment and aboriginal over-representation in prisons have been long-standing problems in Canada. This initial assessment will consider the “fit” between suitable candidates for the new justice approaches and those presently sentenced to prison. The paper will argue that without broader quidelines for inclusion and adequate community resources to support them, it is unlikely these new initiatives will have much of an impact on incarceration levels. Without a better understanding of the problem, aboriginal over-representation in correctional institutions is also unlikely to change.
Explaining Recent Innovations in New Zealand's Criminal Justice System: Empowering Maori or Biculturalising the State?
Authors: Tauri Juan
Published: January 2011

This paper provides an overview of the relationship between Maori and the criminal justice system in New Zealand since Moana Jackson published “Maori and the Criminal Justice System: He Whaipaanga Hou” in 1988. Jackson argued that the cultural insensitivity and bias inherent in the criminal justice system, lies at the heart of the Maori over-representation problem. The focus of my paper is on the incorporation of Maori justice practices and philosophies within the family group conferencing forum established in 1989. The discussion of this initiative will take place within the framework of an evaluation of ‘bi-culturalism’ and the struggle by Maori to achieve autonomy in the realm of justice.
The Fear of Crime and Self-governance: Towards A Genealogy
Authors: Lee Murray
Published: January 2011

Since the 1970s the fear of crime has become an increasingly popular subject of inquiry for criminology, victimology and other academic disciplines. Scholars have offered an array of explanations from a widely varied assortment of theoretical positions, for the supposed rise of the crime fearing individual, whom I refer to as the fearing subject Much of this scholarship has focused on the rationality or irrationality of these fears in particular population demographics. This article is somewhat critical of this approach, although, it does not necessarily call for an end to the study of fear of crime as such. Rather, coming from a genealogical perspective, I attempt to briefly plot the proliferation of disciplinary and governmental interest in the fear of crime in the West and explain how this interest has effected both the subject of inquiry and the modes of inquiry themselves. I conclude by suggesting that the power effects of the knowledge being amassed on this subject may actually be implicated in the production of fearing subjects.

At one extreme, individuals may be “prisoners of fear”, locking themselves away behind steel doors and barred windows. At the other they may become activists, banding together with neighbours to prevent crime by taking aggressive steps to challenge strangers, intervene when they observe suspicious circumstances, and act to reduce the opportunities for crime. … [A] great deal of money has been spent by the government in an effort to encourage the latter…(Skogan, 1986; 177).
Self-reported Drink Driving and Deterrence
Authors: Baum Scott
Published: January 2011

The use of Random Breath Testing (RBT) to deter individuals from drink driving is seen as one of the major initiatives in Australian Road Safety. Viewed within the genre of general deterrence models, RBT enters the decision to drink and drive through increasing the perceived risk of being apprehended. Although long term crash statistics point to a possible link between the introduction of RBT and a reduction in drink driving, a number of researchers have questioned the stability of RBT as a counter measure. This paper analyses the deterrence effect of RBT in regional Queensland; an area where the rate of fatal crashes attributed to alcohol is high. The significant finding reported is that of itself the perceived threat of being apprehended does not significantly deter drink driving.