the cairns abortion trial: deviance, stigma and the ‘spoiled identity’
TRANSCRIPT
Crime and Justice Research Centre, Faculty of Law Queensland University of Technology
8–11 July 2013
Conference Program
www.crimejusticeconference.comwww.cjrc.qut.edu.au
Crime, Justice and Social Democracy:2nd International Conference
© QUT 2013 19647 CRICOS No.00213J
Twitter @CrimeJusticeQUTEmail [email protected]
19647 Crime and Justice Conf book cover.indd All Pages 21/05/13 12:23 PM
Crime, Justice and Social Democracy: 2nd International Conference
2
Welcome and thanksOn behalf of the conference organising committee and the School of Justice, Queensland University of Technology, I welcome you to Brisbane and the 2nd Crime, Justice and Social Democracy International Conference.
The motivation behind our decision to host the conference was a desire to establish a forum through which international scholars and researchers could come together and discuss a range of significant criminological and social justice issues.
Criminal justice and penal systems have increased dramatically in size, reach and punitiveness over the past two decades, a period dominated by neo-liberalism and retrenchment of social welfare across the UK, US, parts of Europe and Australia. Critical scholars in the social sciences from a range of disciplines – sociology, law, criminology, politics and history – have long been attuned to the dangers that lurk within the power to criminalise and responses to crime control shaped by punitive populism. It is timely therefore to reflect on the neo-liberal epoch of crime control. The aim of this conference is to reinvigorate the intellectual and policy debates about the link between social justice, social democracy and the reduction of harm, crime and victimisation through the alleviation of inequalities and building of more socially just and inclusive societies.
The exciting range and depth of the keynote addresses, panel presentations and papers that have been assembled for this conference, has certainly made the task of organising the conference worthwhile. As anyone who has organised a conference knows, it can at times be a strenuous challenge, although in this case one made much easier by the effort and support of the conference committee, Professor Kerry Carrington and Dr Kelly Richards, Hasting Lai and Robyn Johnson. A special thank you and acknowledgement is extended to Rachel Mortimer and Gabrielle Hunter for their superb administrative support and to colleagues and students within the School of Justice for pitching in when needed. We would also like to acknowledge the support we received from the Dean of Law, the Faculty of Law and the Vice-Chancellor’s Office.
Once again, welcome to Brisbane and to the conference, and we encourage you to take time to see as much of our beautiful city as possible during your stay.
All the bestJuan Tauri – Conference ConvenorSchool of Justice
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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ContentsQUT at a glance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
QUT statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Acknowledgement of Traditional Owners . . . . . . . . . . . . . . . . . . . . . . . . 4
Conference Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Important Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Brisbane Dining Precincts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Queensland University of Technology Floor Plans . . . . . . . . . . . . . . . . 7
QUT GP Campus Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Program Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Day 2 – Tuesday 9 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Day 3 – Wednesday 10 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Day 4 – Thursday 11 July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Keynote Speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Panel Speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Abstracts - Keynote Addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Panel Abstracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Parallel Session Abstracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Crime, Justice and Social Democracy: 2nd International Conference
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QUT at a glanceWelcome to QUT - a leading Australian university. We're well known as 'a university for the real world' because of our close links with industry and our relevant teaching and applied research.
Industry representatives and professionals contribute to our course development, adding a practical perspective to theoretical education.
Our academic staff consult in industry and work on industry projects which often involve students. Staff and students have access to the latest teaching technology.
All this means that QUT is a great place to start your career.
QUT statistics2011 statisticsStudent enrolments 42,554Full time students 28,180Course completions 10,214Staff 4,310Student to staff ratio 22.2 students for each staff memberTotal income $786.8 million
HistoryOver the years, QUT has grown and changed. From the establishment of the Brisbane School of Arts over 150 years ago, we have been at the forefront of innovation and progress in tertiary education. Although the name QUT has only been used for the last
21 years, the institutions that came before us made us the university that we are today.
Acknowledgement of Traditional OwnersWe are committed to supporting reconciliation between Indigenous and non-Indigenous Australian people.
In keeping with the spirit of Reconciliation, we acknowledge the Turrbal, Jagera/Yuggera, Kabi Kabi and Jinibara Peoples as the Traditional Owners of the lands where QUT now stands - and recognise that these have always been places of teaching and learning.
We wish to pay respect to their Elders - past, present and emerging - and acknowledge the important role Aboriginal and Torres Strait Islander people continue to play within the QUT community.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Conference InformationRegistration DeskThe conference registration desk will be located on level 4 of S Block and open at the following times:
Monday 8 July 6:00pm – 7:00pm (at Plough Inn)
Tuesday 9 July 8:00am – 5:15pm
Wednesday 10 July 8:00am – 5:30pm
Thursday 11 July 8:00am – 12:00pm
Social FunctionsWelcome Reception Date: Monday 8 July Time: 5:00pm – 7:00pmVenue: Plough Inn, South BankDress: Smart Casual
Conference DinnerDate: Wednesday 10 JulyTime: 6:30pm onwardsVenue: George’s Paragon RestaurantDress: Smart Casual
Mobile PhonesAs a courtesy to fellow delegates and speakers, please ensure your phone is switched off or is on silent during all conference sessions
Name BadgesIt is requested all delegates wear their name tags at the Conference. This will help other attendees identify who you are, and also provide a visual security check for the venue.
Catering may be refused if you are not wearing your name tag.
Internet AccessYou will be allocated a username and password, located on your name badge, to access the QUT network. This username and password will give you access to any of the computers on campus, as well as the wireless network, if you have a laptop. For information on accessing the wireless network on your laptop, please see staff at the registration desk.
ATMs (Cash points)Machines can be found at the following locations on the QUT campus: V Block, Vending Podium (near M Block).
On-campus attractionsQUT Art Museum – is located in U Block and is open Monday- Friday from 10am – 5pm and on Saturday and Sunday from 12pm-4pm. Admission is free
Old Government House – is recognised as one of Queensland’s most important heritage sites. It is open to the public 7 days a week and entry is free.
The Cube- is one of the world's largest digital interactive learning and display spaces dedicated to providing an inspiring, explorative and participatory experience of QUT's Science and Engineering research. Located in P Block on level 4.
Lost PropertyAll lost property can be handed in/collected from the registration desk.
easy to catch TransLink is committed to making your services more frequent, efficient and coordinated. The result? Buses, trains and ferries that are easy to catch.
For up-to-date information within South East Queensland visit www.translink.com.au or call TransLink on 13 12 30.
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davies park
suncorp stadium
roma street
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queensland university of technology
oldgovernment
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st stephen’s cathedral
parliament house
central railway station
st john’scathedral
brunswick street
railway station
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roma street railway station
brisbanesquare
brisbane transit centre
brisbane boys
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suncorp piazza
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new farm park
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st laurences college
mater hospital
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woolloongabba busway station
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railway station
normanby busway station
lamington st
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gotha st warren st
gipps st
given tce parkland blvd
petrie terrace
normanby
milton
new farm
fortitude valley
spring hill
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kangaroo point
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goodwill bridge pedestrian walkriverwalk
Brisbane Visitor Information CentreQueen Street Mall H9
(between Albert & Edward Streets)
T 07 3006 6290 W visitbrisbane.com.au
Cultural & Historical SightsAnzac Square G9
Brisbane Powerhouse F20
City Hall & Museum of Brisbane H8
Commissariat Stores J8
Conrad Treasury Brisbane I8
Customs House F11
Institute of Modern Art C13
Judith Wright Centre of Contemporary Art C13
King George Square H8
Maritime Museum N10
MacArthur Museum G10
Old Government House K11
Old Windmill F8
Parliament House K10
Queensland Art Gallery (QAG) /
Gallery of Modern Art (GoMA) J6
Queensland Performing Arts Centre (QPAC) K7
Queensland Museum (Sciencentre) J6
State Library of Queensland I6
St Stephen’s Cathedral G10
St John’s Cathedral E10
Story Bridge E13
Dining & ShoppingBrunswick Street / Chinatown Malls B11
Eagle Street Pier H11
Emporium N/A
James Street B14
Little Stanley Street M8
Queen Street Mall H9
Gardens & Parks Brisbane Square I8
Captain Burke Park F12
City Botanic Gardens J11
New Farm Park F19
Roma Street Parkland E6
South Bank Parklands L8
Kangaroo Point Cliffs L13
TransportBrisbane Transit Centre G6
Central Railway Station G9
VenuesBrisbane Convention & Exhibition Centre L7
Suncorp Piazza L8
Suncorp Stadium G2
The Gabba O15
Hospitals / MedicalBrisbane Private Hospital F7
Mater Hospital (public & private) O11
Princess Alexandra Hospital N/A
Royal Brisbane Hospital (public) N/A
St Andrew’s Hospital (private) E7
Travellers Medical Service (gen.practice) H9
Accommodation Abbey Apartments G6
Allender Apartments F16
Annie’s Shandon Inn F8
Astor Apartments E8
Brisbane Backpackers Resort N4
Brisbane Marriott Hotel E11
Brisbane Riverside Hotel I5
Bunk Backpackers C11
Citigate King George Square Brisbane H8
City Palms Motel A9
City Star Motor Inn L14
Conrad Treasury Brisbane J9
Cosmo on Park Road K1
Dockside Central H14
Elephant & Wheelbarrow B11
Emporium Hotel NA
Explorers Inn H7
Hillcrest Central Apartments N11
Hilton Brisbane H9
Holiday Inn Brisbane G6
Hotel George Williams Brisbane H7
Hotel Grand Chancellor E7
Hotel Ibis Brisbane H7
Hotel Watermark Brisbane F9
Il Mondo Boutique Hotel G13
Kookaburra Inn D9
MacArthur Chambers G10
Medina Executive Brisbane D12
Mercure Hotel Brisbane I7
Metro Hotel Tower Mill F7
Metropolitan Motor Inn E8
Novotel Brisbane F9
Oaks 212 on Margaret I10
Oaks Felix H11
Oaks Lexicon Apartments E10
Oaks North Quay I7
Palace Backpackers Central G9
Palace Backpackers Embassy H10
Quay West Suites Brisbane J10
Quest River Park Central I10
Quest Spring Hill E8
Rendezvous Hotel Brisbane G9
Riverside Hotel J5
Rothbury on Ann Hotel F10
Royal Albert Hotel I9
Royal on the Park J10
Rydges South Bank Brisbane L7
Sapphire Resort M4
Saville Brisbane E11
Saville South Bank M9
Sebel Suites Brisbane I9
Sofitel Brisbane G8
Somewhere to Stay O5
Spring Hill Terraces B9
Stamford Plaza Brisbane I11
Summit Central Apartment Hotel E7
Terraces on Wickham F7
The Chifley at Lennons I8
The Docks on Goodwin G13
The Marque Hotel Brisbane J9
The Point I14
The Sebel King George Square Brisbane H8
Tinbilly Travellers G6
West End Central Apartment Hotel L4
Name Map Name Map Name Map Name Map
This map is proudly produced by Brisbane Marketing T 07 3006 6200 W brisbanemarketing.com.au
Tearoff map Advertising Q7:Tearoff map 28/8/07 4:17 PM Page 1
Conference DinnerGeorge’s Paragon Restaurant
Conference VenueQUT
Welcome ReceptionPlough Inn, South Bank
Crime, Justice and Social Democracy: 2nd International Conference
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Important InformationCity Centre Free Loop BusesSchedule
Clockwise Loop – service departs QUT every 15 minutes between 7:00am and 6:00pm
Anticlockwise Loop - service departs QUT every 15 minutes between 7:05am and 6:05pm
TaxisBlack and White Taxis 13 19 24
Yellow Cabs 13 32 22
Brisbane Dining PrecinctsBrisbane City – There are many exciting eating establishments, which are scattered across the CBD. For easy reference the two main areas are:
Queen Street Mall
Offers numerous food courts for quick, casual meals, open air cafes for those who prefer to take their time or a number of different restaurant & bars spread from one end of the mall to the other
Riverside/Eagle Street Pier
Is the heartland of the city’s dining precinct. In this prime riverfront location, there are literally dozens of places to eat with many of the restaurants making the most of the stunning river views for alfresco, relaxed dining.
Fortitude Valley - ‘the Valley’, as it is known by the locals, is full of an energy and individualism that makes it one of the most exciting dining areas in Brisbane. This vibrant dining locale offers everything from quality Asian to distinctive European and Middle Eastern cuisine. The main dining precincts are the Brunswick Street precinct (Brunswick Street, the Brunswick Street Mall, Central Brunswick and Chinatown), the James Street precinct and the Emporium precinct.
South Bank - Eating out at Brisbane’s South Bank gives diners so many options. There are restaurants and cafes in South Bank Parklands but the precinct also extends to nearby Little Stanley Street and Grey Street. This is a heartland of Brisbane’s dining scene, offering cuisines from around the world and for all budgets. It’s also a dynamic place, with new places opening regularly.
West End - West End has so many eating options on Boundary Street from Vulture Street to Melbourne Street. You'll also find other dining areas on Hardgrave Road and a small selection further down Vulture Street or on Melbourne Street, towards South Brisbane.
West End is known as the place to cruise the cafes, rather than dine in formal restaurants. There are always footpaths overflowing with patrons. There are all-night places to buy pizza or kebabs and early morning joints for strong coffee interspersed amongst the real and living village.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Queensland University of Technology Floor PlansS Block Gardens PointLevel 4
Level 3
Crime, Justice and Social Democracy: 2nd International Conference
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QUT GP Campus Map
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Crime, Justice and Social Democracy: 2nd International Conference
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stic
e: P
enal
sev
erity
, tol
eran
ce a
nd r
ight
s co
mpl
ianc
eP
rofe
sso
r E
llio
t C
urri
eC
onsc
ious
ness
and
sol
idar
ity a
s cr
ime
prev
entio
n an
d re
habi
litat
ion
11.1
5am
-12.
45p
mP
AR
ALL
EL
PA
PE
RS
SE
SS
ION
1G
end
er, s
exua
lity
and
just
ice
Po
licin
g ,
secu
rity
and
d
emo
crat
ic f
reed
om
sP
enal
po
licy
and
pun
ish
men
tS
oci
al, c
rim
inal
and
Ind
igen
ous
just
ice
Gen
der
, sex
ualit
y an
d ju
stic
e
Cha
ir: K
elly
Ric
hard
sC
hair:
Geo
ff D
ean
Cha
ir: W
illia
m W
ood
Cha
ir : E
rin O
’Brie
nC
hair:
Ash
lee
Gor
eS
403
S30
8S
407
S40
8S
307
Tony
Jef
fers
on
Mas
culin
ity, s
exua
lity
and
hate
-fil
led
viol
ence
Ste
ph
en T
om
sen
Vio
lenc
e an
d th
e ev
eryd
ay
mas
culin
ities
of y
oung
A
ustr
alia
n m
en
Ker
ry C
arri
ngto
n V
iole
nce,
mas
culin
ities
and
th
e an
omic
spa
ces
of g
loba
l su
perc
apita
lism
Nan
Qin
/Els
ie y
an
Fear
of c
rime
and
self-
isol
atio
n of
old
er p
eopl
e in
con
tem
pora
ry
urba
n C
hina
Xia
Fei
Tim
e to
mak
e ch
ange
: The
im
prov
emen
t of c
ompr
ehen
sive
m
anag
emen
t of p
ublic
sec
urity
San
ja M
ilivo
jevi
c B
orde
rs, t
echn
olog
y, a
nd
mob
ility
: For
mer
Yug
osla
via’
s st
ates
in a
nd o
ut o
f the
(C
yber
) ‘F
ortr
ess
Eur
ope’
Hild
a Tu
bex
The
revi
val o
f com
para
tive
crim
inol
ogy
in a
glo
balis
ed
wor
ld
Ro
b W
atts
Of fi
ctio
ns a
nd w
icke
d pr
oble
ms:
a c
ritic
al c
rimin
olog
y pr
ojec
t in
a ne
o-lib
eral
era
Ale
xand
er U
pd
egro
veA
mat
hem
atic
al m
odel
of
just
ice;
why
res
tora
tive
just
ice
is
the
only
mor
al o
ptio
n
Kar
en E
vans
Soc
ial j
ustic
e at
the
mar
gins
? G
ende
r, ‘ra
ce’ a
nd ju
stic
e in
the
21st
cen
tury
Kat
hry
n H
enne
/Em
ily
Tro
shyn
ski T
echn
olog
ies
of b
iosu
rvei
llanc
e; b
odily
re
gula
tion
thro
ugh
the
lens
of
ordi
nary
affe
ctio
n
Ann
a E
riks
son
The
bure
aucr
acy
of p
unis
hmen
t
Just
ine
Ho
tten
The
nego
tiatio
n of
sex
ual
cons
ent b
etw
een
sam
e se
x at
trac
ted
wom
en
Wes
ley
Cri
chlo
wR
acis
m, w
hite
des
ire a
nd th
e cr
imin
alis
atio
n of
Bla
ck m
ale
non-
HIV
dis
clos
ure
Dan
ielle
Tys
on/
Am
y D
od
son/
Mar
y Lo
uise
Ras
mus
sen
Yout
h, m
obile
tech
nolo
gies
and
ge
nder
pol
itics
: you
ng p
eopl
e’s
belie
fs a
bout
gen
der
and
ethi
cal u
se o
f com
mun
icat
ion
tech
nolo
gies
1.30
pm
-2.1
5pm
KE
yN
OTE
AD
DR
ES
SP
rofe
sso
r W
alte
r D
eKes
ered
yC
rime,
just
ice
and
ineq
ualit
y: O
h C
anad
a, w
here
art
thou
?C
hair:
Bel
inda
Car
pent
erS
403
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
11
2.30
pm
-4.0
0pm
PA
NE
L S
ES
SIO
NS
2 A
ND
3G
end
er, S
exua
lity
and
Jus
tice
Co
unte
r-C
olo
nial
Cri
min
olo
gie
sD
iscu
ssan
t: M
ona
Dan
ner
Dis
cuss
ant:
Juan
Tau
ri S
403
S40
8P
rofe
sso
r N
ancy
Wo
nder
sG
loba
lisin
g fe
min
ist c
rimin
olog
y
Pro
fess
or
Julia
Dav
idso
nIn
tern
atio
nal p
ersp
ectiv
es o
n ch
ild v
ictim
s
Jona
than
Rud
inA
Can
adia
n re
spon
se to
indi
geno
us o
ver-
repr
esen
tatio
n
Dr
Wen
ona
Vic
tor
A C
anad
ian
exam
ple:
neo
-col
onia
lism
and
the
cont
inue
d cr
imin
alis
atio
n of
indi
geno
us p
eopl
es4.
00p
m-5
.30p
mP
AR
ALL
EL
PA
PE
RS
SE
SS
ION
2P
enal
po
licy
and
pun
ish
men
tC
our
ts, l
aw a
nd ju
stic
e in
stitu
tions
So
cial
, cri
min
al a
ndIn
dig
eno
us ju
stic
eG
end
er, s
exua
lity
and
just
ice
Po
licin
g, s
ecur
ity a
nd
dem
ocr
atic
fre
edo
ms
Cha
ir: D
avid
Bro
wn
Cha
ir: H
amis
h C
lift
Cha
ir: R
ober
t Web
bC
hair:
Bro
die
Eva
nsC
hair:
Lea
nne
Web
erS
405
S40
7S
408
S30
7S
308
Jam
il M
ujuz
iIm
plem
entin
g A
rtic
le 4
5 of
th
e U
N c
onve
ntio
n ag
ains
t co
rrup
tion
(on
the
tran
sfer
of
sent
ence
d pe
rson
s) in
Afri
ca:
pros
pect
s an
d ch
alle
nges
Kh
amae
l Al-
Fari
s/A
dri
anB
arto
n R
etrib
utio
n or
reh
abili
tatio
n: th
e B
ritis
h pe
nal p
olic
y ap
proa
ch
Vear
umun
Tar
hul
eTh
e ef
fect
iven
ess
of th
ese
nten
ce o
f im
pris
onm
ent i
n N
iger
ia
Dav
id T
ait/
Myt
hily
Meh
er
Jury
dem
ocra
cy a
nd
com
mon
sens
e ju
stic
e: th
e ra
cial
cod
ing
of S
ydne
y ra
ilway
st
atio
ns in
a m
ock
terr
oris
m tr
ial
Ferg
al D
avis
The
law
and
pol
itics
of t
rial
by ju
ry in
Aus
tral
ian
coun
ter-
terr
oris
m
Sal
ly L
oh
risc
hTh
e m
afia
in A
ustr
alia
? Th
e or
igin
s of
Aus
tral
ian
orga
nise
d cr
ime
law
and
pol
icy
Ben
ce T
akac
sM
aori
and
Rom
ani j
uven
ile
just
ice:
com
mun
ity-b
ased
ap
proa
ches
and
res
pons
es
from
diff
eren
t jus
tice
syst
ems
Mag
istr
ate
Jacq
ui P
ayne
A
borig
inal
Cou
rts
and
cust
omar
y la
w
Mar
g L
idd
ell
‘Jum
ping
into
the
syst
em w
ith
a ba
ng’:
Pac
ific
youn
g pe
ople
’s
cont
act w
ith th
e ju
veni
le ju
stic
e sy
stem
in N
ew S
outh
Wal
es
Ash
lee
Go
reB
eyon
d pr
ovoc
atio
n: c
ulpa
bilit
y,
blam
e an
d ge
nder
ed e
xcus
es
Wal
ter
DeK
eser
edy;
Cal
lie
Ren
niso
n; L
ynn
Ad
din
gto
n N
ew e
mpi
rical
dire
ctio
ns in
the
stud
y of
sep
arat
ion/
divo
rce
assa
ult
Wes
ley
Cri
chlo
wR
acis
m a
nd T
he P
rison
isat
ion
of B
lack
You
th M
ascu
linity
: A
Men
tal a
nd P
ublic
Hea
lthC
risis
Mar
gar
et P
erei
ra
Gov
erni
ng d
rug
use
amon
g yo
ung
peop
le: c
rime,
har
m a
nd
cont
empo
rary
dru
g pr
actic
es
Ker
ry C
arri
ngto
n/A
ngel
a D
wye
r/K
elly
Ric
har
ds/
Juan
Ta
uri/T
erry
Hut
chin
son/
Jud
ith
Bes
sant
B
ootc
amps
and
You
th J
ustic
e:
Re-
imag
inin
g yo
uth
just
ice
- bey
ond
a cr
imin
olog
y of
ex
posu
re
Jose
ph
Do
nner
mey
er/W
alte
r D
eKes
ered
yC
olle
ctiv
e ef
ficac
y et
al.
wha
t do
they
mea
n fo
r th
e st
udy
of
crim
e?
Crime, Justice and Social Democracy: 2nd International Conference
12
Day
3 –
Wed
nesd
ay 1
0 Ju
ly
8.45
am-9
.30a
mK
Ey
NO
TE A
DD
RE
SS
Pro
fess
or
Tony
Jef
fers
on
‘Mug
ging
’, rio
ts a
nd th
e p
rese
nt c
onju
nctu
re: s
till ‘
polic
ing
the
cris
is’
Cha
ir: R
eece
Wal
ters
S
403
9.30
am-1
1.00
amP
AR
ALL
EL
PA
PE
R S
ES
SIO
N 3
Pen
al p
olic
y an
d p
uni
shm
ent
Gen
der
, sex
ual
ity a
nd ju
stic
eS
oci
al, c
rim
inal
an
dIn
dig
eno
us
just
ice
Eco
-ju
stic
e, c
orp
ora
te c
rim
e an
d o
ffici
al c
orr
up
tion
Po
licin
g, s
ecu
rity
and
d
emo
crat
ic fr
eed
om
sC
hair:
Bel
inda
Car
pen
ter
Cha
ir: S
haro
n H
ayes
Cha
ir: M
arga
ret P
erei
raC
hair:
Hop
e Jo
hnso
nC
hair:
San
ja M
ilivo
jevi
cS
408
S40
5S
407
S30
7S
308
Will
iam
Wo
od
With
er th
e S
tate
, or
the
ratio
nalis
atio
n of
crim
e co
ntro
l?
Ker
ry C
lam
p
Res
tora
tive
just
ice
in tr
ansi
tion
Mer
edith
Ro
ssn
er/J
asm
ine
Bru
ce
A c
ohes
ive
or d
ivis
ive
ritua
l?
Res
tora
tive
just
ice
conf
eren
ce
for a
dult
offe
nder
s
Lau
ra-J
ane
Ho
we
Dis
cour
ses
with
the
fem
inis
t tr
affic
king
vs.
mig
ratio
n de
bate
: ex
amin
ing
the
pers
pect
ives
of
sex
acro
ss in
tern
atio
nal b
orde
rs
Kel
ly R
ich
ard
s/S
aman
tha
Lyne
ham
Del
ilah’
s st
ory:
an
emp
irica
l ca
se s
tudy
dem
onst
ratin
g th
e ro
le o
f par
tner
mig
ratio
n in
hu
man
traf
ficki
ng in
to A
ustr
alia
Pat
rici
a R
awlin
son
‘Vile
’ bod
ies,
vio
lenc
e an
d th
e st
ate
Eliz
abet
h R
ow
e/E
rin
O’B
rien
Con
stru
ctio
ns o
f asy
lum
se
eker
s an
d re
fug
ees
in
Aus
tral
ian
polit
ical
dis
cour
se:
anal
ysis
of p
arlia
men
tary
de
bate
s on
the
Mal
aysi
a de
al
Dav
e M
cDo
nal
dTh
e po
litic
s of
dis
gust
: pa
edop
hilia
, ret
ribut
ive
viol
ence
an
d th
e im
poss
ibili
ties
of h
ate
crim
e
Juan
Tau
riC
rimin
olog
ical
rese
arch
and
in
stitu
tiona
l eth
ics
pro
toco
ls:
emp
ower
ing
the
indi
gen
ous
Oth
er o
r the
aca
dem
y?
Bri
dg
et L
ewis
/Ro
wen
a M
agu
ire/
Hel
en S
trin
ger
A
ddre
ssin
g vu
lner
abili
ty to
na
tura
l dis
aste
rs in
the
Pac
ific:
in
tern
atio
nal,
reg
iona
l and
na
tiona
l reg
ulat
ory
fram
ewor
ks
for
disa
ster
man
agem
ent
Lian
na
Mar
tins
Ben
eath
the
wav
es; t
he e
ffect
of
clim
ate
chan
ge
on s
over
eig
nty,
st
ateh
ood
and
hum
an ri
ghts
Ree
ce W
alte
rs/S
op
hie
Will
iam
sE
coci
de a
nd th
e G
reat
Bar
rier
Ree
f
Ang
ela
Dw
yer/
Mat
t B
all/
Tho
mas
Cro
fts
Bui
ldin
g a
hist
ory
of G
LBTI
polic
e lia
ison
pro
gram
mes
inA
ustr
alia
Geo
rgin
a H
eyd
on
Pol
icy
and
prox
imity
in p
olic
e re
cord
che
cks
by e
mpl
oyer
s
Mic
hae
l Po
tten
ger
Har
d an
d so
ft ca
rtel
pow
er;
fillin
g th
e ga
ps le
ft by
the
stat
e in
Mex
ico
11.1
5am
-12.
00p
mK
Ey
NO
TE A
DD
RE
SS
Pro
fess
or
Kei
th H
ayw
ard
I don
’t w
anna
gro
w u
p: a
cul
tura
l crim
inol
ogic
al a
naly
sis
of r
esis
tanc
e, fr
om ‘c
ultu
ral w
ars’
to ‘r
adic
al ic
onog
raph
y’C
hair:
Mat
t Bal
lS
403
12.4
5pm
-2.1
5pm
PA
NE
L S
ES
SIO
NS
4 A
ND
5S
oci
al a
nd C
rim
inal
Jus
tice
Eco
-Ju
stic
e, C
orp
ora
te C
rim
e an
d O
ffici
al C
orr
uptio
nD
iscu
ssan
t: S
haro
n R
oach
-Anl
euD
iscu
ssan
t: R
ob W
hite
S40
8S
403
Pro
fess
or
Sco
tt P
oyn
ting
A c
omm
on ‘o
utla
wne
ss’:
crim
inal
isat
ion
of M
uslim
min
oriti
es in
th
e U
K a
nd A
ustr
alia
Pro
fess
or
Sh
aro
n P
icke
ring
The
mic
ro p
oliti
cs o
f bor
der c
ontr
ol a
nd n
ew fu
ture
s of
mob
ility
Pro
fess
or
Nig
el S
outh
Oil,
che
mic
als,
crim
e an
d co
rrup
tion:
env
ironm
enta
l har
ms
and
stat
e- c
orpo
rate
crim
e
Pro
fess
or
Ree
ce W
alte
rsE
nviro
nmen
tal h
arm
, cor
pora
te p
ower
and
the
min
ing
of fo
ssil
wat
er
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
13
2.30
pm
-4.0
0pm
PA
RA
LLE
L P
AP
ER
S S
ES
SIO
N 4
Co
urt
s, la
w a
nd ju
stic
e in
stitu
tions
So
cial
, cri
min
al a
nd
Ind
igen
ou
s ju
stic
eG
end
er, s
exu
ality
and
just
ice
Pen
al p
olic
y an
d p
uni
shm
ent
Eco
-ju
stic
e, c
orp
ora
te c
rim
e an
d o
ffici
al c
orr
up
tion
Cha
ir: G
ord
on T
ait
Cha
ir: B
ence
Tak
acs
Cha
ir: J
enni
fer F
rase
rC
hair:
Rus
sell
Hog
gC
hair:
Mat
t Bal
lS
405
S40
7S
308
S40
8S
307
Mag
gie
Hal
lLe
gal S
ente
ncin
g vs
. the
live
d se
nten
ce
Ham
ish
Clif
tTh
e et
hics
of p
lea
barg
aini
ng
and
puni
shm
ent:
per
spec
tives
on
mod
ern
Aus
tral
ian
prac
tice
Hel
en F
rase
rIn
just
ice
aris
ing
from
cur
rent
le
gal p
ract
ice
in r
elat
ion
to
pres
enta
tion
of h
ard-
to-h
ear
cove
rt re
cord
ings
as
evid
ence
in
crim
inal
cas
es
Ant
oni
a R
and
les/
Mar
kLa
uch
sA
ustr
alia
n A
borig
inal
Eng
lish
and
cultu
ral c
once
ptio
ns; c
an
they
affe
ct p
olic
ing?
Ro
ber
t Web
b
Reg
ulat
ing
Indi
gen
ous
resi
stan
ce
Mik
e G
rew
cock
Sta
te c
rime,
col
onia
lism
and
the
forc
ed m
igra
tion
of c
hild
ren
Cry
stal
Bru
ton
Wom
en’s
ex
per
ienc
es o
f sep
arat
ing
in
the
cont
ext o
f int
imat
e, m
ale
part
ner a
buse
Sh
aro
n H
ayes
Sex
, lov
e an
d ab
use
Sel
da
Dag
ista
ni“I
did
it
beca
use
I lo
ve y
ou”:
sh
aria
, rel
igio
us fl
agel
latio
n an
d le
gal m
usin
gs o
nco
nsen
sual
vio
lenc
e
Au
tho
r(s)
mee
ts c
ritic
s
The
auth
ors
Joh
n P
ratt
/Ann
a E
riks
son
The
book
Con
trac
ts in
Pun
ishm
ent:
An
Expl
anat
ion
of A
nglo
phon
e Ex
cess
and
Nor
dic
Exce
ptio
nalis
m
The
Dis
cuss
ants
Ru
ssel
l Ho
gg
M
ark
Fin
nan
e D
avid
Bro
wn
Ho
pe
Joh
nso
n/R
ow
ena
Mag
uir
eE
nviro
nmen
tal j
ustic
e in
Chi
na
and
Aus
tral
ia: a
com
para
tive
anal
ysis
of t
he e
volu
tion
of a
re
gula
tory
fram
ewor
k fo
ren
viro
nmen
tal l
iabi
lity
Lian
na
Mar
tins
Clim
ate
chan
ge
and
asyl
um
seek
ers;
ana
lysi
ng th
e ab
senc
e of
pro
tect
ion
for
envi
ronm
enta
lly d
ispl
aced
m
igra
nts
4.00
pm
-5.3
0pm
PA
RA
LLE
L P
AP
ER
S S
ES
SIO
N 5
So
cial
, cri
min
al a
ndIn
dig
eno
us
just
ice
Gen
der
, sex
ual
ity a
nd
just
ice
Po
licin
g, s
ecu
rity
and
dem
ocr
atic
free
do
ms
Eco
-ju
stic
e, c
orp
ora
te
crim
e an
do
ffici
al c
orr
up
tion
Co
urt
s, la
w a
nd ju
stic
e in
stitu
tions
Po
licin
g, s
ecu
rity
and
dem
ocr
atic
free
do
ms
Cha
ir: K
aren
Eva
nsC
hair:
Mol
ly D
ragi
ewic
zC
hair:
Geo
rgin
a H
eydo
nC
hair:
Lia
nna
Mar
tins
Cha
ir: S
ally
Loh
risch
Cha
ir: A
nton
ia R
andl
esS
405
S40
7S
408
S30
7S
308
S30
9E
mily
Sch
ind
eler
W
orkp
lace
vio
lenc
e:
enga
ging
crim
inol
ogy
in
the
dis
cuss
ion
Cas
sand
ra C
ross
“Nob
ody’
s ho
ldin
g a
gun
to y
our h
ead.
..”: T
he
stig
ma
of o
nlin
e fra
ud
vict
imis
atio
n
Bet
han
y B
aker
/Jo
die
Dea
thD
runk
man
wal
king
Mo
na
Dan
ner
Crim
e po
licy
for
wom
en
and
girls
: W
hat’s
a
fem
inis
t to
do?
Ker
ry C
arri
ng
ton
Girl
s, c
rime
and
viol
ence
: W
hy b
lam
e fe
min
ism
?
Eliz
abet
h O
’Sh
ea
Trou
blin
g tr
ends
in
mai
nstr
eam
dis
cour
se:
fem
inis
t cal
ls fo
r pu
nitiv
e ju
stic
e
Ro
sem
ary
Cas
sid
y In
stitu
tiona
l res
pon
sibi
lity
and
resp
onse
s to
un
iver
sity
stu
dent
s ex
pose
d to
crim
e
Mar
k La
uch
s/R
ob
ynK
east
A m
ulti-
netw
ork
anal
ysis
of
pol
ice
corr
uptio
n an
d ill
icit
mar
kets
Mar
k Th
om
asP
anem
et c
ircen
ses;
law
,la
w a
nd p
ower
in T
heH
ung
er G
ames
Eri
n O
’Bri
en
Just
ifica
tions
and
lim
its in
th
e po
litic
ally
mot
ivat
ed
law
-bre
akin
gof
env
ironm
enta
l act
ivis
t gr
oups
Ro
b W
hite
R
esto
rativ
e ju
stic
e fo
r no
n-hu
man
env
ironm
enta
l vi
ctim
s
Ann
a P
hel
an
Meg
apro
ject
s an
d so
cial
su
stai
nabi
lity
Paw
el L
aid
ler
Con
serv
ativ
e cr
ime
cont
rol
vs li
bera
l due
pro
cess
Pie
ter
du
Toit
Pre
scrib
ed m
inim
um
sent
ence
s; th
e S
outh
A
frica
n le
gisl
atur
e’s
popu
list b
ut in
effe
ctiv
e re
spon
ses
to s
erio
us
crim
e
Ana
stas
ia P
ow
ell/N
ico
la
Hen
ry
Em
bod
ied
harm
s: g
ende
r, sh
ame
and
tech
nolo
gy
faci
litat
ed s
exua
l vio
lenc
e in
cyb
ersp
ace
Em
ma
Rya
nP
olic
ing
with
con
duct
ed
ener
gy w
eapo
ns in
A
ustr
alia
: an
exam
inat
ion
of p
olic
y an
d pr
actic
e
Crime, Justice and Social Democracy: 2nd International Conference
14
Day
4 –
Th
urs
day
11
July
8.45
am-9
.30a
mK
Ey
NO
TE A
DD
RE
SS
Pro
fess
or
Max
imo
Soz
zoLe
ft tu
rn a
nd p
unis
hmen
t in
Sou
th A
mer
ica
Dis
cuss
ant:
Ker
ry C
arrin
gto
nS
403
9.30
-11.
00am
PA
RA
LLE
L P
AP
ER
S S
ES
SIO
N 6
Gen
der
, sex
ual
ity a
nd ju
stic
eR
ura
l cri
min
olo
gy
Gen
der
, sex
ual
ity a
nd ju
stic
eP
olic
ing
, sec
uri
ty a
nd
dem
ocr
atic
free
do
ms
Pen
al p
olic
y an
d p
uni
shm
ent
Cha
ir: W
esle
y C
richl
owC
hair:
Ker
ry C
arrin
gton
Cha
ir: A
nast
asia
Pow
ell
Cha
ir: N
igel
Sto
bbs
Cha
ir: J
uan
Taur
iS
405
S40
8S
407
S30
7S
308
Mat
thew
Bal
lTh
e us
e of
‘que
er’ i
n cr
imin
olog
ical
dis
cour
ses
Nat
ash
a P
apaz
ian
A c
isge
nder
girl
in a
tr
ansg
end
er w
orld
: the
m
etho
dolo
gica
l cha
lleng
es o
f re
sear
chin
g in
the
tran
sgen
der
co
mm
unity
Gab
riel
la S
anch
ezW
omen
’s E
xper
ienc
es a
s H
uman
Sm
uggl
ers
in th
e
U.S
. Sou
thw
est
Am
y G
urd
The
rura
lity
of s
ex: c
omm
unity
re
sist
ance
and
obj
ectio
n to
pr
ostit
utio
n in
rur
al a
reas
th
roug
hout
Que
ensl
and
Jose
ph
Do
nner
mey
er/J
oh
nS
cott
/Ela
ine
Bar
clay
How
can
rura
l crim
inol
ogy
info
rm c
ritic
al th
inki
ng in
cr
imin
olog
y?
Em
ma
Co
lvin
Rur
al in
just
ice:
the
impa
ct
of li
mite
d ac
cess
to p
retr
ial
serv
ices
on
rura
l and
regi
onal
p
eopl
e
Mic
hae
l Ro
gu
ski/H
on.
Ro
byn
K
ipp
enb
erg
er/H
eath
er H
enar
eP
ets
as p
awns
: the
co-
exis
tenc
eof
ani
mal
cru
elty
and
fam
ily
viol
ence
Mo
lly D
rag
iew
icz
Dom
estic
vio
lenc
e in
the
fam
ily
cour
t
Nan
cy G
revi
s-Ja
mes
In
tera
ctio
ns b
etw
een
fron
t-lin
e po
lice
and
indi
vidu
als
with
inte
llect
ual d
isab
ilitie
s:
a pe
rspe
ctiv
e fro
m n
on-
gove
rnm
ent o
rgan
isat
ions
in
Que
ensl
and
Cas
sand
ra C
ross
/Ang
ela
Dw
yer/
Kel
ly R
ich
ard
s P
rop
osed
Eva
luat
ion
of
the
Effe
ctiv
enes
s of
Pol
ice
Citi
zen
Yout
h C
lubs
on
Crim
e P
reve
ntio
n an
d C
omm
unity
S
afet
y
Vy
LeU
nder
stan
ding
the
oper
atio
nal
stru
ctur
e of
Sou
thea
st A
sian
dr
ug tr
affic
king
gro
ups
in
Aus
tral
ia
Cla
ire
Sp
ivak
ovs
kyTh
e ‘in
falli
ble’
sci
ence
of
offe
ndin
g be
havi
our:
em
bed
ding
an
age-
old
cons
truc
tion
of th
e of
fend
er in
co
ntem
pora
ry p
enal
pra
ctic
e
Jud
ith B
essa
ntFr
om th
e po
litic
al to
the
crim
inal
: sta
tes
of e
xcep
tion
and
the
new
glo
bal p
oliti
cs
Dia
na J
oh
nsTh
e an
alyt
ic p
ossi
bilit
ies
of‘c
ultu
re’ i
n a
pos
t-pris
on c
onte
xt
11.1
5am
-12.
30p
mP
AN
EL
SE
SS
ION
6C
ou
rts,
Law
and
Ju
stic
e In
stitu
tions
Dis
cuss
ant:
Mik
e G
rew
cock
S40
3P
rofe
sso
r D
avid
Bro
wn
Fiel
d of
dre
ams:
map
ping
the
cond
ition
s of
opt
imis
m in
the
pen
al fi
eld
Pro
fess
or
Ric
k S
arre
Acc
ess
to s
afe
just
ice:
can
we
mak
e a
diffe
renc
e?
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
15
1.00
-2.3
0pm
PA
RA
LLE
L P
AP
ER
S S
ES
SIO
N 7
Gen
der
, sex
ual
ity a
nd ju
stic
eC
ou
rts,
law
and
just
ice
inst
itutio
nsE
co-j
ust
ice,
co
rpo
rate
cri
me
and
offi
cial
co
rru
ptio
nP
enal
po
licy
and
pu
nish
men
tG
end
er, s
exu
ality
and
just
ice
Cha
ir: N
atas
ha P
apaz
ian
Cha
ir: D
avid
Tai
tC
hair:
Mar
k La
uchs
Cha
ir: M
ark
Finn
ane
Cha
ir: M
ike
Rog
uski
S40
7S
405
S30
7S
408
S30
8B
rod
ie E
vans
/Eri
nO
’Bri
enTh
e C
airn
s ab
ortio
n tr
ial:
devi
ance
, stig
ma
and
the
‘spo
iled
iden
tity’
Kat
e G
lees
on
Neo
liber
al a
bort
ion:
crim
inal
la
w, h
ealth
pol
icy
and
the
entr
epre
neur
ial s
elf
Hel
en P
ring
leFo
rced
mis
carr
iag
e by
assa
ult:
Rec
onci
ling
the
valu
e of
the
foet
us a
nd w
omen
’s
auto
nom
y
Bel
ind
a C
arp
ente
r/G
ord
on
Tait/
Car
ol Q
uad
relli
Arg
uing
th
e au
tops
y: m
utua
l sus
pici
on,
juris
dict
iona
l con
fusi
on a
nd th
e so
cial
ly m
argi
nal
Go
rdo
n Ta
it/B
elin
da
Car
pen
ter
Reg
ulat
ing
bere
avem
ent:
inqu
ests
, fam
ily p
ress
ure
and
the
gate
kee
ping
of s
uici
de
stat
istic
s
Nig
el S
tob
bs
Why
be
heal
thy
whe
n yo
u ca
n be
nor
mal
? Th
e no
rmat
ive
adve
rsar
ialis
m k
eeps
us
sick
Ru
ssel
l Ho
gg
Too
big
to fa
il, to
o bi
g to
goa
l: th
e g
reat
rec
essi
on, f
ree
mar
kets
, crim
e an
d pu
nish
men
t
Lynd
el B
ates
/Pet
er R
og
ers
Pre
vent
ing
publ
ic s
ecto
r co
rrup
tion:
the
rela
tions
hip
betw
een
parli
amen
tary
co
mm
ittee
s an
d co
rrup
tion
com
mis
sion
s
Au
tho
r m
eets
rea
der
s
The
auth
orLe
ann
e W
eber
/Sh
aro
nP
icke
ring
The
book
Glo
balis
atio
n an
d B
orde
rs:
Dea
th a
t the
Glo
bal F
ront
ier
The
disc
ussa
nts
Nan
cy
Wo
nder
s M
ike
Gre
wco
ckR
eece
Wal
ters
/Eliz
abet
hR
ow
e
Just
ine
Ho
tten
/Ang
ela
Dw
yer
Not
hing
exi
sts:
lack
of
perp
etra
tor p
rog
ram
s fo
r le
sbia
ns in
dom
estic
ally
vio
lent
re
latio
nshi
ps
Jenn
ifer
Fra
ser
Priv
ate
mat
ters
to p
ublic
pr
oble
ms:
the
emer
gen
ce a
nd
evol
utio
n of
vio
lenc
e ag
ains
t w
omen
as
a so
cial
pro
blem
in
Can
ada
Car
ol Q
uad
relli
/Deb
ra
Ro
ber
tso
n-S
tain
sby
Ris
ky b
usin
ess:
Map
ping
eth
ical
la
ndsc
apes
and
neg
otia
ting
gove
rnan
cete
nsio
ns w
hen
rese
arch
ing
fem
ale
offe
ndin
g
Crime, Justice and Social Democracy: 2nd International Conference
16
Keynote SpeakersProfessor Lorraine GelsthorpeUniversity of Cambridge, Fellow of Pembroke College
Professor Gelsthorpe has carried out a number of research studies since the mid-1980s, including work on police decision-making with regard to juvenile offenders; the operation of multi-agency juvenile panels; the role of the Crown Prosecution Service in juvenile justice; gender issues in juvenile justice; the theory, policy and practice of attendance centres; the treatment of fine defaulters in magistrates’ courts; and race and gender issues in social inquiry reports. She has also conducted work on Home Office-funded projects on inter-agency aspects of crime prevention strategies, on pre-sentence reports, on the sentencing of women and on community service orders (now known as unpaid work) as a requirement of a Community Order. Current research interests revolve around notions of criminal and social justice in sentencing, youth justice issues, women and criminal justice, the development of criminological and social theories in their social and political context since 1945, community penalties, and social exclusion, crime and justice. Empirical work includes a focus on resettlement issues for women – particularly those connected to housing.
Professor Walter S. DeKeseredyUniversity of Ontario Institute of Technology
Walter has published 17 books and over 130 scientific journal articles and book chapters on violence against women and other social problems. In 2008, the Institute on Violence, Abuse and Trauma gave him the Linda Saltzman Memorial Intimate Partner Violence Researcher Award. He also jointly received the 2004 Distinguished Scholar Award from the American Society of Criminology’s (ASC) Division on Women and Crime and the 2007 inaugural UOIT Research Excellence Award. In 1995, he received the Critical Criminologist of the Year Award from the ASC’s Division on Critical Criminology (DCC) and in 2008 the DCC gave him the Lifetime Achievement Award.
Professor Tony JeffersonKeele University
Tony is currently the Professor Emeritus at Keele University. He has also held Visiting Professorships in Sweden, Denmark, Australia and the USA, most recently as Visiting Presidential Scholar at John Jay College of Criminal Justice, City University of New York (2007-08). He has researched and published widely on questions to do with youth subcultures, the media, policing, race and crime, masculinity, fear of crime and racial violence. His recent books include: Policing the Crisis 2nd edn., 2013 (with Stuart Hall et al); Doing Qualitative Research Differently 2nd edn., 2012 (with Wendy Hollway); Psychosocial Criminology, 2007 (with Dave Gadd); Resistance through Rituals 2nd edn., 2006 (edited with Stuart Hall). Between 1999 and 2002 he was the British Editor of the journal Theoretical Criminology.
Professor Máximo SozzoUniversidad Nacional del Litoral (Santa Fe, Argentina)
Máximo Sozzo is Professor of Sociology and Criminology at the Universidad Nacional del Litoral (Santa Fe, Argentina). He is the Director of the MA in Criminology, Director of the Program for University Education inside Prisons and Director of the Social Involvement Program “Crime and Society” at the same university. He has been adjunct and associate professor of sociology and criminology at various Argentinean universities during the last ten years. As a visiting professor he has taught graduate courses in criminology at several universities in Argentina, Chile, Brazil, Ecuador and Spain. He has been visiting research fellow at the universities of Bologna, Toronto, Barcelona and FLACSO Ecuador. He has been consultant on issues related to crime and punishment for different national and local governments and international organizations. His research over the last fifteen years has related to different themes in the field of criminology: police violence and accountability, police reform, crime prevention discourses and practices, history of psychiatry and criminal justice, cultural travels of discourses and practices on crime control, history of criminology and metamorphosis of prison and crime control in late modernity. He has published on these themes four books and many book chapters and essays in academic journals.
Professor Keith HaywardUniversity of Kent, UK
Keith is Professor of Criminology and Deputy Director of Learning and Teaching at the University of Kent’s School of Social Policy, Sociology and Social Research. He joined the University of Kent in 2002 after teaching at the University of East London, and was appointed Chair of Criminology in September 2011. My book, co-written with Jeff Ferrell and Jock Young, Cultural Criminology: An Invitation (London, Sage, 2008) was awarded the American Society of Criminology’s Distinguished International Book of the Year prize in 2009. In 2011, I was part of the teaching team that was awarded the inaugural National Prize for Excellence in Teaching Criminology.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
17
Panel SpeakersGender, Sexuality and JusticeDiscussant: Professor Mona Danner: Old Dominion University
Panel: Professor Nancy Wonders: Northern Arizona University
Professor Julia Davidson: Kingston University
Social and Criminal JusticeDiscussant: Professor Sharyn Roach Anleu: Flinders University
Panel: Professor Scott Poynting: Manchester Metropolitan University
Professor Sharon Pickering: Monash University
Penal Policy and Punishment in the Global EraDiscussant: Professor John Pratt: Victoria University of Wellington
Panel: Professor Elliot Currie: University of California, Berkeley
Professor John Muncie: The Open University, Milton Keynes
Eco-justice, Corporate Crime and Official Corruption Discussant: Professor Rob White: University of Tasmania
Panel: Professor Nigel South: University of Essex
Professor Reece Walters: Queensland University of Technology
Courts, Law and Justice InstitutionsDiscussant: Dr Mike Grewcock: University of New South Wales
Panel: Professor David Brown: University of New South Wales
Professor Rick Sarre: University of South Australia
Counter-Colonial CriminologiesDiscussant: Juan Tauri: Ngati Porou/Queensland University of Technology
Panel: Dr Wenona Victor: Stolo Nation/University of the Fraser Valley
Jonathan Rudin: Aboriginal Legal Services, Toronto
Crime, Justice and Social Democracy: 2nd International Conference
18
Abstracts - Keynote Addresses
Professor Loraine Gelsthorpe, University of Cambridge
Criminal Justice and Social Justice for Women: Legacy and Lore, Law and Legitimacy
Across different jurisdictions, lawbreaking by women differs from the lawbreaking of men in volume, nature, and seriousness, yet women’s treatment is shaped by lore, myths, muddles and misconceptions about what is right, just, and appropriate. In this paper Loraine Gelsthorpe highlights the problematic relationship between the criminalisation and governmentality of women (within and outside the criminal justice system). Drawing on recent research on the criminalisation of migrant women, and on developments regarding provision for women in the UK, she examines the justification of claims regarding women’s distinctive needs and claims for their differential treatment. She also examines how far the law itself accommodates (or should accommodate) the differential treatment between women and men, and more broadly considers the moral legitimacy of the pursuit of social justice for women.
Professor Walter DeKeseredy, University of Ontario Institute of Technology
Crime, Justice and Inequality: Oh Canada, Where Art Thou?
Drawing on a Canadian context, this key note suggest ways of mobilising social democratic movements to address problems of crime, justice and inequality felt in many parts of the world. Since Canada’s colonial beginnings, it has become increasingly more riddled with classism, racism, sexism, and a host of other highly injurious outcomes of structured social inequality. In 2006, however, many types of social injustice were “turbo-charged” under the federal leadership of the Harper government. For example, a recent southern Ontario study shows that less than half of working people between the ages of 25 and 65 have full-time jobs with benefits.
The main objective of my keynote address is to critique the dominant Canadian social order and the pain and suffering it has caused for millions of people. Informed by left realism and other progressive ways of knowing, I also suggest several ways of turning the tide and mobilising a strong social democratic movement.
Professor Keith Hayward, University of Kent
‘I Don’t Wanna Grow Up’: A Cultural Criminological Analysis of Resistance, from the ‘Culture Wars’ to ‘Radical Iconography’
This paper critiques some of the enduring mythology surrounding “counter cultural” resistance within society generally and criminological theory specifically. Challenging established subcultural narratives about the “co-optation” of authentic forms of political resistance, and introducing the concept of “radical iconography”, the paper suggests that nostalgic, ahistorical interpretations of past moments of resistance diminish not just the possibility of a meaningful interventionist criminology, but of transformative politics itself.
Professor Tony Jefferson, Keele University
Mugging, Riots and the Present Conjuncture: Still ‘Policing the Crisis’?
In 1972-3, a moral panic about British ‘muggings’ was the starting point for a book, Policing the Crisis (Hall et al), that resituated the panic as symptomatic of a wider crisis of authority and the move towards a more coercive, ‘exceptional’ form of state. Published in 1978, it ended with these prophetic words: ‘The society is battening itself down for “the long haul” through a crisis… the state has won the right… to move swiftly, to stamp fast and hard, to listen in, discreetly survey, saturate and swamp, charge or hold without charge, act on suspicion, hustle and shoulder, to keep society on the straight and narrow. Liberalism… is in retreat. It is suspended. The times are exceptional. The crisis is real. We are inside the “law-and-order” state.’ This was written when ‘Thatcherism’ was still but a mote in Thatcher’s eye. Policing the Crisis is about to be republished with a new Preface and Afterwords. These remind new readers of the book’s theoretical and historical provenance, bring the story up to date, respond to (some of) its critics and explore how different is the present conjuncture, how ‘exceptional’ is today’s (British) state and whether, and in what sense, we can still talk of ‘policing the crisis.’ This paper will try to explore the book’s legacy and contemporary relevance, especially in relation to crime, police and race relations, but also more generally to think about terms like ‘crisis’, ‘conjuncture’ and the ‘exceptional’ state.
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Professor Maximo Sozzo, Universidad Nacional del Litoral
Left Turn and Punishment in South America
In the last two decades, a significant growth of incarceration in South America has been produced, with some variations across national contexts. Between 1995 and 2010 the incarceration rate in Brazil increased 175%, in Uruguay 158%, in Argentina and Chile 104%, in Colombia 101%, in Peru 77%, in Paraguay 70%, in Venezuela 48% and in Bolivia, 33%. The only exception is Ecuador where the incarceration rate decreased recently after a great expansion, remaining stable in a low level in the comparison between these two years. As it is well known, the incarceration rate is not a complete indicator of the evolution of punitiveness but an array of other empirical data confirm that the reach and intensity of punishment has expanded recently in these countries. This punitive turn has been associated with the diffusion of neoliberalism as a political project in the region since the 1970s, both in authoritarian and democratic political regimes, with variations in its force and effects in each country. Beyond the plausibility and nature of this connection – that I do not discuss in this work - in the last years emerged in several national contexts processes of decisive political change, linked to the ascendance of political alliances and programs constructed around the vocabularies of the Left, with important differences among them – from ‘XXI Century Socialism’ to ‘Kirchnerism’ - but always building a strong antagonism against the precedent diffusion of neoliberalism. This “Left turn” began in Venezuela in 1998, in Brazil and Argentina in 2003, in Uruguay in 2005, in Bolivia in 2006 and in Ecuador in 2007. This work explores the mutations of penal policies in this “postneoliberal” moment, under these Left and Center-Left national governments, identifying continuities and changes with the recent past related to the hegemony of the New Right across national frontiers. I present here three trajectories: ‘going with the tide’; ‘blocking the tide’ and ‘reversing the tide’. These three alternatives coexist in each national context but with different weights. I propose some interpretive keys of these diverse combinations linked to: a) the strength of populist dynamics in these political programs and alliances and the force of populist campaigns about crime and punishment in the recent past; b) the role of economic and political crises and the exasperation of political and social antagonisms and conflicts; c) the evolution of ‘street crime’ and ‘fear of crime’ and its relation with the economic and social effects of the neoliberal reforms; d) the legacy of authoritarian culture and practices in penal institutions and its autonomy from the dynamic of democratic politics.
Panel AbstractsProfessor David Brown, University of New South Wales
Field of Dreams: Mapping the Conditions of Optimism in the Penal Field
In contrast to the dominant tendency to bemoan the global ‘penal surge’, a number of accounts are emerging which suggest we may have reached a ‘watershed’, ‘turning’ or ‘tipping’ point in the penal climate. This paper will offer an analysis of the conditions of such optimism and of the possibilities for change in the penal field. Such a task requires identification of the constituencies and drivers of penal change: a map of the political and cultural formations constitutive of penality. It occupies a middle ground between overarching and sometimes severely over-determined analyses of penal trends, and the empirical minutiae of local developments, the space where broad analyses translate into policies and programs. It addresses key questions such as: what are the sources and forms of optimism; how well based are they; which are the constituencies which are potentially shifting; what are the conditions of change; can penal change be achieved without major structural change and if so what does this suggest about accounts such as Wacquant’s which see ‘the invasive and expensive penal state’ as a ‘constituent ingredient of neo-liberalism; what are the prospects for ‘justice reinvestment’; what are the prospects for a reversal of the punitive turn; what are the levers of penal change?
Professor Elliot Currie, University of California, Irvine
Rethinking Intervention: Consciousness and Solidarity as Crime Prevention and Rehabilitation
Progressives have developed a healthy critique of conventional approaches to the “rehabilitation” of people who break the law. But merely criticising conventional models of “intervention” isn’t enough. A genuinely progressive approach to crime must reckon with the reality that predatory and exploitative attitudes and values are widespread among people who wind up in our criminal justice systems. That means that some form of “intervention” into hearts and minds is an important part of the task of a progressive approach to justice. But what should be the underlying principles that guide that kind of intervention? This paper proposes a model of what I call “transformative” intervention, rooted in the central concepts of social consciousness and solidarity--core values in the heritage of social democracy.
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Professor Julia Davidson, Kingston University
International Perspectives on Child Victimisation
The presentation will describe findings from recent extensive research conducted for a book entitled International Perspectives on Child Victimisation (Davidson and Hamerton 2013). The presentation will offer a comprehensive overview of the established themes and emergent debates relating to the abuse and victimisation of children exploring the social, cultural, and political context and assessing both contemporary and comparative research and policy. Key areas of global concern are highlighted and illustrated with detailed case studies of important developments; including; child abuse, child poverty, child exploitation, child prostitution, child imprisonment, child rights, alongside legal and policy responses. The focus of the presentation is the ‘place’ of the child in the context of current victimology and social justice discourses with particular reference to gender and sexual victimisation. Although a small amount of research has recently been conducted with children in developing countries, where violence and abuse are an everyday occurrence and often take place against a backdrop of social and political unrest and general violence, the views of such children have largely been excluded from the literature. Dunne et al. (2006) suggest that lack of funding is partly to blame, but that there exists an unwillingness on the part of some governments to formally record and document the incidence and nature of child abuse. Some small-scale research has been undertaken which serves to provide a glimpse into the experiences of some of these children and young people: Miles (2006, IPSCAN), in his study of 1,314 Cambodian children’s perceptions of violence and abuse, found that 63.5% of females (N = 671) and 64% of males (N = 639) indicated that they knew children who had been raped. Approximately 24% of the total sample had witnessed a rape. These children experienced violence and abuse, as primary and secondary victims, as a part of their everyday lives, but recognised the negative impact and hoped for a different life.
Professor John Muncie, Open University
International Juvenile (In)Justice: Penal Severity, Tolerance and Right Compliance
Two quite different totalising narratives tend to characterise analytical commentaries of global and international trends in juvenile justice. The first, and most dominant, is essentially pessimistic. It conceives a process whereby ‘hegemonic neo-liberalism’ has all but eradicated welfare protectionism and is steadily giving rise to diversifying and intensifying ‘cultures of control’ within which the special status of childhood is diminishing, children’s human rights are systemically violated and the global population of child prisoners continues to grow. The second, but significantly less developed narrative, is inherently optimistic. It emphasises the unifying potential of international human rights standards, treaties, rules and conventions and the promise of progressive juvenile justice reform based on ‘best interest’ principles, ‘child friendly’ imperatives and ‘last resort’ rationales. Paradoxically given their incongruity, both of these ‘global’ narratives are plausible but on their own are inadequate in grasping the complexities and incoherence of juvenile justice reform. Rather, juvenile justice laws, policies and practices appear formed, applied, and fragmented through a complex of political, socio- economic, cultural, judicial, organisational and local filters. The paper focuses on the anomalies and contradictions surrounding the notion of ‘international juvenile justice’ whether in its pessimistic or optimistic incarnations. Instead it argues for analysis which recognises (a) the uneven, multi-facetted and heterogeneous nature of processes of globalisation and (b) how the global, the international, the national and the local are not mutually exclusive but continually interact to re-constitute, re-make and challenge each other. The paper seeks to ‘rethink juvenile justice’ by identifying the potential for progressive reform that may lie in a variety of international, national and sub-national levels.
Professor Sharon Pickering, Monash University
The Micro Politics of Border Control and New Futures of Mobility
To examine the micro politics of border spaces this paper considers the very human(e) interactions that occur in an increasingly depersonalised, technologically remote-driven space: the border. This interrogation is specifically interested in the enactment of gender at the border in relation to the increasing numbers of women making irregular migration journeys and the border’s daily operation. In an effort to empirically ground recent theoretical excursions to the geographical margins of the state, this article examines the narratives of border agents and women who make irregular migration journeys in Greece, Italy and Australia. It considers a range of sites including ports, maritime enforcement vessels, airports, upstream intervention and in detention centres. It seeks to examine how the macro politics of border control stands up to empirical investigation. It considers questions for the future of mobility against this backdrop.
Professor Scott Poynting, University of Auckland
A Common “Outlawness”: Criminalisation Muslim Minorities in the UK and Australia
Since mass immigration recruitments of the post-war period, ‘othered’ immigrants to both the UK and Australia have faced ‘mainstream’ cultural expectations to assimilate, and various forms of state management of their integration. Perceived failure or refusal to integrate has historically been constructed as deviant, though in certain policy phases this tendency has been mitigated by cultural pluralism and official multiculturalism. At critical times, hegemonic racialisation of immigrant minorities has entailed their criminalisation, especially that of their young men. In the UK following the ‘Rushdie Affair’ of 1989, and in both Britain and Australia following these states’ involvement in the 1990-1 Gulf War, the ‘Muslim Other’ was increasingly targeted in cycles of racialised moral panic. This has intensified dramatically since the 9/11 terrorist attacks and the ensuing ‘War on
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Terror’. The young men of Muslim immigrant communities in both these nations have, over the subsequent period, been the subject of heightened popular and state Islamophobia in relation to: perceived ‘ethnic gangs’; alleged deviant, predatory masculinity including so-called ‘ethnic gang rape’; and paranoia about Islamist ‘radicalisation’ and its supposed bolstering of terrorism. In this context, the earlier, more genuinely social-democratic and egalitarian, aspects of state approaches to ‘integration’ have been supplanted, briefly glossed by a rhetoric of ‘social inclusion’, by reversion to increasingly oppressive assimilationist and socially controlling forms of integrationism.
Jonathan Rudin, Aboriginal Legal Services - Toronto
A Canadian Response to Indigenous Over-Representation
The over-representation of Indigenous people in Canada has been a notorious fact since the late 1980s. In 1999, in the landmark decision of R v. Gladue, the Supreme Court of Canada called this over-representation “a crisis in the Canadian criminal justice system.” In Gladue, and in 2012 in the case of R v. Ipeelee, the Supreme Court argued that the unique circumstances of Indigenous offenders arising out of the experience of colonialism required courts to adopt a different method for sentencing. In Ipeelee, the Court said that sentencing judges were “front line workers” in the justice system tasked with ensuring that systemic racial discrimination did not exacerbate the problem of over-representation. How judges develop a different method for sentencing Indigenous people is something that Aboriginal Legal Services of Toronto (ALST) has worked on since the Gladue decision was released. Through both test-case litigation and on the ground program development ALST has led the way in working with interested parties in creating Aboriginal-specific courts and in developing a new way of delivering information regarding Indigenous offenders through Gladue Reports. This presentation will look at both the macro developments in Canada in terms of developing case law and the micro developments in specific courts and discuss how the two relate and influence each other.
Professor Rick Sarre, University of South Australia
Access to Safe Justice: Can We Make a Difference?
In recent decades in Australia there has been a marked attempt by justice policy-makers to increase access to justice. The attempts to keep justice affordable, however, have largely failed. But there have been great strides made in making courts and judicial processes less intimidating for those who come into them, principally through the provision of CCTV for evidence-giving from remote rooms, volunteer court visitor information services, victim assistance programs, duty solicitors offering legal aid, and training of court staff. Good security science, too, has made courts more secure, physically, for those who visit them. Whether these security services have been drawn from a sheriff’s department or have been contracted ‘in’, the end result has been a strong (and growing) emphasis upon risk management. But the upshot of this is to paint a general picture of defendants as security risks. The question remains: to what extent is it possible to keep safe, and reduce the potential intimidation of, those who enter our courtrooms, without jeopardising curial ‘openness’? How do we balance security concerns with the right that all defendants can expect for a fair trial? By examining the way in which courts now operate on a daily basis around Australia, this paper seeks to answer these important questions.
Professor Nigel South, University of Essex
Oil, Chemicals, Crime and Corruption: Environmental Harms and State-Corporate Crime
As Ruggiero (2013) notes, ‘the notion that there is continuity between legality and illegality is crucial for an understanding of white-collar, corporate, state crime, and of the crimes of the powerful in general’. He adds that Sutherland (1949) famously pointed this out in his classic contribution to criminology where he showed that ‘research on the crimes of the powerful is difficult without a willingness to expand one’s sample well beyond the legal definitions of crime.’ This paper uses examples from the history and practices of multi-national oil and chemical companies to examine their legal and illegal despoiling and destruction of the environment. The discussion draws on the literature on state-corporate crime and considers measures and arrangements that might mitigate or prevent such damaging acts.
Dr Wenona Victor, Stolo Nation, University of Fraser Valley
A Canadian Example: Neo-colonialism and the Continued Criminalisation of Indigenous Peoples
That the Canadian Criminal Justice System is failing to deliver justice to Indigenous peoples is now widely accepted and acknowledged. This failure of the system is evident, not just in the over-representation of Indigenous peoples from arrest through to incarceration, but also in the under-representation of Indigenous peoples within positions of power within the system. That racism and systemic discrimination play an integral role in this failure has now been confirmed in judicial determinations, as well as Federally commissioned justice inquires and reports. From the racially motivated brutal murder of Helen Betty Osbourne in 1971, while most definitely not the first racially motivated murder, but certainly the first to solicit a public inquiry, to the hundreds of murdered and missing Indigenous women across Canada, the system is showing a continual inability to adequately address its failure. From a brief review of the system’s abysmal responses to this failure, placed against the current “feeder” system of the Ministry of Children and Family Development, this paper will argue that the criminalisation
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of Indigenous peoples has very little do with actual crimes being committed and everything to do with ensuring the success of colonial objectives such as assimilation and Indigenous annihilation. That is the criminalisation of Indigenous peoples is actually a part of the colonial process and that for as long as Canada continues its neo-colonial policies and avoids adopting a formal decolonisation policy, it will continue to not only criminalise Indigenous peoples at alarming rates, but continue to apprehend Indigenous children to be used as a commodity to first justify the colonial child welfare system and then later the criminal justice system where a large percentage of Indigenous people apprehended as children end up. This paper will end with a look at how moving away from the criminalisation of Indigenous peoples and toward a lens of Social justice, such as that found within Indigenous methods of conflict resolution, Indigenous empowerment will prevail and self-determination is self-actualised on both an individual and collective level.
Professor Reece Walters, Queensland University of Technology
Environmental Harm, Corporate Power and the Mining of Fossil Water
The extraction of fossilised water from underground aquifers for agricultural use has profound global implications for climate change and long-term food security. The corporate mining or hydrology of non-replenishable reservoirs of ‘paleowater’ has increased expediently in recent years. Rather than adopt more costly water conservation strategies or implement more efficient water technologies for food and biofuel plantations, powerful corporations are exploiting the natural resources of biodiversity rich nations in what has been described as the ‘privatisation of water’. This unstainable and harmful mining of water occurs in a regulatory vacuum whilst contributing to increases in sea levels and jeopardises future food supplies. This paper explores the ways in which corporate power, supported and sponsored by government initiatives, is mobilised to monopolise an essential global resource with devastating environmental and human consequences.
Dr Nancy Wonders, Northern Arizona University
Globalising Feminist Criminology
This paper argues that there is an urgent need to ‘globalise’ feminist criminology so that it is better equipped to meet today’s justice challenges. Feminist criminology has a well-established legacy of significant contributions to the study of crime and justice; it has drawn heightened attention to violence against women, fostered research on gender and justice, with a particular focus on women and girls’ unique experiences within the justice system, and has led to the development of an array of academic courses designed to examine gender, girls/women, and justice. However, today – as a result of globalisation – the character of crime and justice has changed in significant ways. Nation-states in the West are expending significant justice resources to reconstruct and police borders in the face of massive global migration; global inequality, fostered by Neoliberal policies, has led to new forms of state repression, surveillance, and mass incarceration; the financialisation of the global economy and the predatory behaviour of financial elites have led to economic collapse and coercive austerity measures that have led to mass impoverishment in several nations; and environmental destruction and global climate change are unsettling nature and people around the globe in ways that are likely to heighten violence and global instability into the future. Importantly, all of these transformations are “crime and justice” issues that have disproportionate impacts on the world’s most precarious people, often harming women, children, people of colour and the poor the most. It is evident that the most important justice challenges of our time require a global analytic lens AND a feminist analytic lens. Drawing on some of the newer feminisms, particularly transnational feminism, post-colonial, and eco-feminism, and also borrowing from an array of globalisation scholars, this paper highlights some of the key conceptual and theoretical tools a globalised feminist criminology could usefully employ; it also identifies some of the substantive topics that a globalised feminist criminology should prioritise. My hope is to encourage feminist criminology to become more global – and to encourage international criminology to become more feminist – in pursuit of a more just future for all of the world’s people.
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Parallel Session AbstractsKhamael Al-Faris, Plymouth University; Dr Adrian Barton, Plymouth University
Retribution or Rehabilitation: The British Penal Policy Approach
In the decade between 1992 and 2001, the number of prisoners in England and Wales grow by 45 per cent from 45,486 to 66,403, as a consequence to harsher sentencing policies as Home Office ministers declared a ‘war on drugs’. Since these figures were published, there appears to have been acceleration in the numbers again: between 2002 and 2012 inmates in prison population rose from 70,778 to 85,951 due to the ‘war on terror’. Under the influence of far- right ideologies, which endorsed earlier theories of crime like biology and genetics that focused on the individual rather than society, and in consequence believing that prison is the main and most sufficient place for offenders because the tendency for criminal activities lay in a person’s genetic cosmetics. Hence, change could only take place through medical treatment. Aims: The study aims to examine different punitive theories and the British crime philosophy in to understand the reasons behind the overcrowded in British prisons’ and then evaluate the rehabilitation programmes into British prisons. Methodology: In addition to an intensive literature review about punitive theories, British prison history and the responsibility of prison administration on the conditions of prison and prisoners. An analysis for the secondary data from different institutions (the Ministry of Justice, Home Office and UK National Statistics), and the data from British national surveys (like the British Crime Survey) will be employed to find details about prison population and prisoners experience with the criminal justice system. Findings: In practice the approach of British penal policy lines are not as easily drawn, but the history shows that crime policy is a part of the political policy in the UK.
Bethany Baker, Queensland University of Technology, Dr Jodie Death, Queensland University of Technology
Drunk Man Walking
Recent research (Rushmular et al 2012) indicates the rising incidence of young pedestrian fatalities due to risk taking behaviour while intoxicated as well as a number of prospective counter-measures to address this issue (Hutchinson et al 2010).This qualitative, exploratory project sought to gauge the opinions of young people, as one marginalised group, on the plausability of one such countermeasure, the Pedestrian .08 Campaign. Seeking to sanction drunk walkers in the same way as drunk drivers, the campaign highlights the necessity to conduct a broader discussion within the context of binge drinking, public violence and public safety. Findings from the research conducted indicated that whilst there is a veneer of originality characterising the Campaign, historical discourses are repeated through modern commentary and, seemingly, younger people have little or no interest in engaging with the debate around the plausibility of the Campaign.
Dr Matthew Ball, Queensland University of Technology
The Use of ‘Queer’ in Criminological Discourses
Within criminological literature, there are growing references to a ‘queer criminology’. To date, ‘queer criminology’ is not so much a sub-discipline of criminology but rather a loose collection of studies and criminal-justice related commentary that uses the term ‘queer’. Amid the growing calls for the more substantial development of a ‘queer criminology’, it is timely to reflect on the ways that the term ‘queer’ has been used in these discourses, to what ends, and with what effects. This paper considers the way in which the term ‘queer’ has been used in these criminological and criminal justice discourses. It suggests that there are at least three key ways in which the term ‘queer’ has been used: as an ‘umbrella’ term for lesbian, gay, bisexual, intersex, and queer-identified people; as a theoretical tool with which to represent LGBTIQ people more effectively within what is otherwise conventional criminological research; and as an impetus for the deconstruction of criminology and the concepts and approaches that it takes for granted. The paper will also identify the implications of these different uses of ‘queer’. It will argue that using ‘queer’ as an umbrella term has the potential to reinforce identity categories and the politics that surround identities; using it as a theoretical tool has the potential to reproduce conventional criminological analyses; and using it as an impetus for deconstruction may make it appear to have little of relevance to say to criminology. This paper brackets any attempt to suggest whether one of these approaches is to be favoured over another, but rather suggests that exploring the ways in which the term has functioned is essential to reflecting on the current status and future potential of a ‘queer criminology’.
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Dr Lyndel Bates, Queensland University of Technology; Peter Rogers, Queensland Parliamentary Service
Preventing Public Sector Corruption: The Relationship Between Parliamentary Committees and Corruption Commissions
Parliamentary committees fulfil several important functions within the Parliament, with one of these being the oversight of various agencies including those that are designed to reduce corruption within the police service and other public sector agencies. The cross-party nature of the committee combined with the protections of Parliament make them powerful agencies. Prenzler and Faulkner (2010) suggest that the ideal system for an agency that has oversight of a public sector integrity commission should include monitoring by a parliamentary committee and an inspector attached to the committee. In some Australian states, such as those within Queensland, New South Wales and Western Australia, this occurs. There has been very little research conducted on the role of parliamentary committees with oversight responsibilities for public sector integrity agencies. This paper will address this gap by examining the relationship between a parliamentary committee, a parliamentary inspector and a corruption commission. Queensland’s Parliamentary Crime and Misconduct Committee and the Parliamentary Crime and Misconduct Commissioner provide oversight of the Crime and Misconduct Commission. By focussing on the Parliamentary Crime and Misconduct Committee and the Parliamentary Crime and Misconduct Commissioner, the paper will examine the legislative basis for the committee and inspector and their respective roles in providing oversight of the Crime and Misconduct Commission. One key method by which the Parliamentary Crime and Misconduct Committee provide oversight of the Crime and Misconduct Commission is to conduct a review of the commission every three years. Additionally, the paper will identify some of the similarities and differences between the Parliamentary Crime and Misconduct Committee and other committees that operate within the Queensland Parliament. By doing so, the paper will provide insights into the relationships that exist between corruption commissions, parliamentary committees and parliamentary inspectors and demonstrate the important role of the parliamentary committee in preventing instances of public sector corruption.
Professor Judith Bessant, Queensland University of Technology
From the Political to the Criminal: States of Exception and the New Global Politics
New information technology has reconstituted a wide range of socio-economic and political practices and relations with consequences that include new kinds of crime. It also has implications for how criminology understands ‘crime’. This paper makes its point of departure Garland’s (2012) observation that while criminology claims to be an empirical study of crime and the control of crime, criminology’s object (‘crime’) is neither a natural nor a self-generated theoretical entity. The relevance of this insight is suggested by how western criminology especially since 9/11, has conceptualised ‘political crime’, (ie., activities said to jeopardise government or dominant political interests), as a legitimate criminological concern (Ross 2010). Equally criminology has accepted that crimes committed by the state are an important criminological theme (Friedrich 2004; Arradau and Munster 2009). Turner’s (2013) interrogation of public criminology and Duff’s (2010) observations about a ‘crisis of criminalization’ would seem pertinent ways of problematising ‘political crime’ (and ‘state crime’).
The focus in this paper is on ‘political crime’. The cases addressed include global ‘hacktivism’ by collectives like the German Chaos Computer Club, the role of Anonymous in the ‘North African Spring’ (2010-12), the Russian opposition movement involving activists like Pussy Riot and Aleksei Savalny, and the 2010 release of masses of US-intelligence material by Wikileaks. In these cases, states responded by invoking the idea of exceptionality and declaring those actions to be ‘terrorist’ or ‘criminal’ before suspending ‘normal’ legal or rights-based protocols or using extra-legal means of control. Drawing on Schmitt’s (1996) account of political sovereignty (‘sovereign is ‘he’ who decides on the exception’) and Agamben’s (2001) notion of exceptionality, I ask what do cases like this, and the response of state power, imply for the intellectual authority of contemporary criminology? What are the implications of Schmitt’s and Agamben’s accounts of ‘the political’ and sovereignty for Garland’s (2012) claim criminology lacks a theoretical object of its own, and that a distinction exists between a criminology based on politicized state definitions of crime, and ‘scientifically’ defined accounts of crime? Finally, I ask what if anything does Castoriadis’ (2007) account of the ‘instituting social imaginary’ signify for revising criminology?
Crystal Bruton, Monash University
Women’s Experiences of Separating in the Context of Intimate, Male Partner Abuse
This paper presents the findings from a study that examined the narratives of 12 women who have separated from an abusive, intimate male partner. It examines how women come to separate from an abusive, intimate relationship by exploring women’s pathways from the decision to leave, steps to leaving and following into the period of leaving and separation. While the situations of individual women vary greatly, a set of contextual factors - concerns for the safety and wellbeing of children, concerns for personal safety and financial factors - along with support system responses underpinned women’s leave-taking decisions. Women exercised agency in their decisions when separating, often strategic and calculated, yet their decision- making was also constrained by broader structural and social forces in their lives.
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Professor Belinda Carpenter, Queensland University of Technology; Dr Gordon Tait, Queensland University of Technology; Carol Quadrelli, Queensland University of Technology
Arguing the Autopsy: Mutual Suspicion, Jurisdictional Confusion and the Socially Marginal
Vulnerable and marginalised populations are not only over-represented in the criminal justice system, but also in civil jurisdictions like the coronial system. Moreover, many of the personnel who deal with criminal matters, especially in rural and regional areas, are also those who manage the coronial death investigation. This movement back and forth between civil and criminal jurisdictions is difficult for the both professional personnel and the families, but especially for those families who may also have had dealings with these personnel in the criminal justice system, or who present as suspicious due to larger historical and global issues. While coronial legislation now allows families to raise cultural and religious concerns about the process, particularly to do with the autopsy of their loved one, this also requires them to identify themselves to police at the initial stage of the death investigation. This paper, part of a larger body of work on autopsy decision making, discusses the ways in which information is gathered by police, how it is communicated through the system, the ways in which families are supported through the process, and the difficulties that ensue.
Professor Kerry Carrington, Queensland University of Technology
Girls, Crime and Violence: Why Blame Feminism?
This paper provides a brief overview of the main trends in girls’ crime and violence, most notably the global rises recorded for girls’ violence in countries like Australia, Canada, United Kingdom and United States. The reasons for the narrowing of the gender gap in recorded crime and violence is hotly contested. One view is that the narrowing of the gender gap for recorded crimes, especially those relating to interpersonal violence, is an artefact of new forms of policy, policing and social control over young women. Another view is that young women may indeed have altered their cultural and social behaviour to become more aggressive and violent. Another more complex view argues that the reasons for the recorded rises in female crime are variable, but are likely to include a combination of cultural, social, behavioural, and policy responses. The paper argues that there is no singular explanation or theory that accounts for female violence, and that many of the simple explanations circulating in popular culture are driven by an anti- feminist ideology that simply tends to blame feminism. The paper argues that by concentrating on females as victims of violence and very rarely as perpetrators feminist criminologists have ducked the thorny issue rather than confronted it, leaving a discursive space wide open for anti- feminist sentiment to reign.
Professor Kerry Carrington, Queensland University of Technology
Violence, Masculinities and the Anomic Spaces of Global Supercapitalism
Drawing on original research into mining, violence and masculinity, this paper argues that in the contemporary context of a global super-capitalism where self sustaining societies based social democratic norms of governance are increasingly marginalised (borrowing from Elliot Currie), where the valorisation of the self is primarily as an economic conduit for global forces, these social dynamics have created manifold local anomic contexts that shape intimate patterns of masculinity and violence.
Professor Kerry Carrington, Queensland University of Technology; Dr Kelly Richard, Queensland University of Technology; Dr Angela Dwyer, Queensland University of Technology; Terry Hutchinson, Queensland University of Technology; Professor Judith Bessant, Queensland University of Technology
Boot Camps and Youth Justice: Re-Imagining Youth Justice – Beyond a Criminology of Exposure
This paper critically assesses the evidence as to whether boot camps divert young offenders from further offending. It is timely to reconsider a debate long settled in the criminological community about the effectiveness of boot camps, a debate to which a newly elected government appears oblivious. As the result of an election promise, the Queensland Government recently introduced the a Boot Camp Order as an option instead of detention for young offenders while removing the option of court referred youth justice conferencing for young offenders. Trials are underway in Cairns and on the Gold Coast, which are to be evaluated by the Premier’s own departmental unit. In the interests of promoting democratic debate free from the political persuasions of elected office, we believe it is important for more independent and rigourous evaluation of boot camp programs be presented in the public domain. One of the main concerns raised by our paper is the likely impact on Indigenous youth. Nationally, Indigenous youth are 20 times as likely to be in unsentenced detention and 26 times as likely to be in sentenced detention as non-Indigenous youth (AIHW 2012). Indigenous youth comprise over half of the juveniles under supervision in Queensland (AIHW 2012). Given this, the introduction of boot camps is likely to impact disproportionately on Indigenous youth and communities and may increase current levels of incarceration. Our paper concludes that existing research indicates that boot camps constitute a punitive response which is highly unlikely to deter young people from reoffending, and this is especially so when boot camps are designed in a way to overlook reintegrating young people back into their communities.
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Rosemary Cassidy, University of Western Sydney
Institutional Responsibility and Responses to University Students Exposed to Crime
It has been established that university students are more vulnerable to crime than the general population. The disproportionate exposure of university students to crimes particularly of a violent and sexual nature has significant health implications for students impacting on their studies and potentially leading to higher failure and dropout rates. In an environment where universities are competing for student retention and government funding, this can be problematic. However, it is not clear who is responsible over student safety and recovery from crime in an Australian context. This paper will discuss duty of care in relation to the victimisation of university students, as well as explore the current responses in place. This presentation will explore preliminary findings of a qualitative project interviewing student crime victims which will inform the discussion on institutional responsibility and issues of student retention as victims have explained their experiences in crime victimisation, help seeking and recovery.
Dr Kerry Clamp, University of Western Sydney
Restorative Justice in Transition
Despite the fact that restorative justice has primarily been used as a micro-level theory concerned with the relationships between individuals, it is increasingly being applied to settings characterised by large-scale violence and human rights abuses. This has expanded the remit of restorative justice from repairing the harm of single incidents between individuals to include the needs of society as a whole. While much has been written on restorative justice in democratic settings where ‘rule of law’ has been characterised by due process and human rights, a cursory glance at the literature will reveal a limited engagement with the use of restorative justice in democratically emerging societies. While many embrace this development as an important step in attempts to transform protracted conflict, this paper highlights a number of potential dilemmas that may confront restorative justice when applied to these settings thus limiting its ‘transformative’ potential.
Hamish Clift, Queensland University of Technology
The Ethics of Plea Bargaining and Punishment – Perspectives on Modern Australian Practice
Plea bargaining in Australia is an unacknowledged and undiscussed feature of criminal practice. The practice is implied in the majority of state legislation, which demands that a guilty plea be taken into account as a feature of mitigation when sentence is passed. This is in contrast to bargains in United States jurisdictions, where the practice is acknowledged and debated by the judiciary, politicians and academics. There, the legitimacy of plea bargaining is widely disputed. But the ramifications of bargaining qua justice are not. This essay aims to fill a small part of that void. The mechanisms of bargaining are inherently economic and thus most often considered within a utilitarian framework. Parties perform a calculation, balancing different incentives and levels of information in order to make a decision. It is this calculation that I will consider in this essay. By considering the calculation through two different theoretical lenses, an understanding of the ethical effects of plea bargaining begins to crystallise. Following an overview of plea bargaining practice and criticism using the theoretical frameworks of Hegel and Hart, the essay culminates in an appraisal of how plea bargaining is ethically reconcilable with Australian jurisprudence.
Emma Colvin, Charles Sturt University
Rural Injustice: The Impact of Limited Access to Pretrial Services on Rural and Regional People
Current research indicates that people in rural communities are increasingly disadvantaged by the phenomena of ‘postcode justice’, where the ability to access justice is dependent on the area in which a person lives. The ability to access services offered through the courts and by non- government organisations is significantly limited outside of metropolitan areas. This paper explores these issues using access to pretrial bail support services as a case study. It draws on data collected as part of a study into therapeutic alternatives to remand imprisonment offered through the Magistrates’ Court of Victoria. One phase of the study comprised interviews conducted with defence lawyers and members of the judiciary. A portion of the interviews (n=14) were conducted with participants working in regional and rural areas of Victoria. These participants identified a significant dearth of resources in rural and regional areas as compared to their urban counterparts. Specific areas of concern included the remanding of homeless young people solely because of a lack of housing options and the inability of people in rural communities to comply with onerous bail conditions because of the impracticalities of travelling over long distances to access services.
Dr Wesley Crichlow, University of Ontario Institute of Technology
Racism and The Prisonisation of Black Youth Masculinity: A Mental and Public Health Crisis
Monday July 16th (2012) Danzing street community in Toronto witness a random and senseless killing of 2, while wounding 23 others, the worst in Toronto/Ontario history. Danzing is located in Toronto priority community of Kingston/Galloway/Orton Park (KGOP) in Scarborough/Ontario, with a history and presence of gang activity and violence according to Toronto Police Services Crime Statistics and Toronto Community Crisis Response Program (2012). This presentation highlights how the school to prison pipeline and school to community pipeline, abject poverty, non-employment, over-policing, quotidian spaces, and carceral forms organise and shape a Black militarised hypermasculine identity that is prison, mental and public health crises facing society.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Dr Wesley Crichlow, University of Ontario Institute of Technology
Racism, White Desire and The Criminalisation of Black Male Non-HIV Disclosure
This presentation will examine the sexualisation of racism, desire and fantasy, in heterosexual Black male/White female relationships and the criminalisation of Black Males due to HIV non- disclosure in Canada. The sexualisation, strictures and tropes of Black hypermasculinity is highlighted, troubled and called into question. My starting point is ambivalence and stereotypes. This presentation highlights the racialised social system conceptual framework for understanding links between the criminalisation of Blacks and the spread of HIV/AIDS.
Dr Cassandra Cross, Queensland University of Technology
“Nobody’s Holding a Gun to your Head...” The Stigma of Online Fraud Victimisation
The current discourse surrounding victims of online fraud victimisation is heavily premised on individual notions of greed and gullibility. The strength of this discourse not only permeates the thinking of those who have not experienced this type of crime, but even victims themselves. This sees victims perceive themselves as inherently different to other victims, to which they still associate these notions of greed and gullibility. There are severe consequences that arise as a result of the current negativity embodied in discourses surrounding online fraud victims. First, it creates a huge sense of shame and embarrassment on the part of victims, who do not feel that they can disclose their victimisation to family, friends or the police. Second, the stigma associated with this type of victimisation presents a barrier to reporting the crime to relevant authorities. Third, it prevents victims from seeking the support and assistance that they require to cope with the consequences of their victimisation experience. However, it is argued that in addition to these consequences, the current discourse surrounding online fraud victims reinforces the belief that they are not real victims, and continues to justify their exclusion from the criminal justice system.
Dr Cassandra Cross, Queensland University of Technology Dr Angela Dwyer, Queensland University of Technology Dr Kelly Richards, Queensland University of Technology
Proposed Evaluation of the Effectiveness of Police Citizen Youth Clubs on Crime Prevention and Community Safety
Since 1948, 51 Police-Citizens Youth Clubs (PCYCs) have been established throughout Queensland (QPCYWA, 2012), including four dedicated PCYCs in Indigenous communities. As a whole, PCYCs focus predominantly on youth development and crime prevention. Youth development is targeted through over 110 sport and recreation activities and crime prevention is addressed through more than 45 programs aimed at reducing juvenile offending (QPCYWA, 2012: 6). Although there is anecdotal agreement that these programs are indeed reducing crime amongst young people, little research has been undertaken to evaluate the effectiveness of PCYCs in this regard. While a small number of studies have evaluated specific programs offered by individual PCYCs, there is little empirical evidence to support these anecdotal accounts.
Therefore, to provide evidence about how PCYCs contribute to community safety and welfare, and to generate evidence that links PCYC activities with crime prevention, it is important that the efficacy of PCYCs be evaluated in a structured and rigorous manner. This paper proposes an evaluation of PCYCs using a case study approach to ascertain the impact of a PCYC within their local community. The evaluation methodology will use mixed methods approaches with a diverse range of stakeholders and users of PCYCs to examine how these organisations and programs support community safety by preventing crime amongst young people.
Dr Selda Dagistanli, University of Western Sydney
“I Did it Because I Love You”: Sharia, Religious Flagellation and Legal Musings on Consensual Violence
In a recent Sydney court trial, defence counsel and prosecutors spent some time deliberating on whether consent was present in the assault of a 32 year-old man who knew and befriended two of his four attackers. The complainant, Cristian Martinez, who was lashed forty times with an electric cord, had recently converted to a conservative sect of Islam which observed Sharia law. On the night of the attack, Martinez telephoned his spiritual mentor Wassim Fayad to request assistance after his relapse into the drug and alcohol abuse that had motivated the complainant’s religious conversion in the first place. Fayad warned Martinez that he would need to be tied up and whipped ‘brother, because that’s what you need’. Throughout the whipping Fayad and his collaborators embraced the complainant between segments of his punishment, told him they loved him, and offered him relief through the application of wet towels and words of consolation. The complainant later telephoned police and on trial claimed that he had not consented to some but not all of the lashes for the sake of religious purification. Drawing on these facts, my own intermittent courtroom observations of the trial, and trial transcripts and judgments, this paper will reflect on the legal arguments raised in relation to cultural contexts where violence is consensual. More broadly, it will consider the association of punishment with civilisation in comparing the motives for violence in the current case, to what some scholars have called the current revenge driven demands of Western punitiveness.
Crime, Justice and Social Democracy: 2nd International Conference
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Professor Mona Danner, Old Dominion University
Crime Policy for Women and Girls: What’s a Feminist to Do?
Public policy is where feminist theory touches women’s lives. Although women are offenders, victims, criminal justice agents, family members, and community bystanders, aside from violence against women, criminal justice policy is not often considered to be a “women’s issue.” At first glance, thirty years of “get tough on crime” policies appear to be either gender blind, gender neutral, or beneficial to women. In fact, feminist analysis reveals that these reforms contain significant hidden costs paid disproportionately by women. Further, feminist forays into policy activities must confront the contradictions inherent in working with the state. This paper explores the justification and method for considering criminal justice policies from a feminist perspective.
Dr Fergal Davis, University of New South Wales
The Law and Politics of Trial by Jury in Australian Counter-terrorism
Throughout the common law world trial by jury has achieved a totemic position. Interference with the right to jury trial is characterised as a deviation from the norm. However, trial by jury is consistently undermined and rolled back particularly in the context of organised crime and terrorism: Ireland, New Zealand, the UK and the United States have all adopted measures curtailing trial by jury in these contexts. In contrast the rhetorical support for jury trial in Australia is matched by an apparent unwillingness to interfere with the right to jury trial. This paper will argue that the jury is much more than a legal institution. Its resilience is dependent on the extent of its political and cultural capital. The Australian counter-terrorism experience provides evidence in support of this contention. The Constitutional guarantee of trial by jury in Australia is weak. The Constitutional commitment is clear but has been circumvented by interpretation by the High Court of Australia. Indeed at State level it has been possible to remove jury trial for a number of offences which would otherwise be considered ‘serious’. As a result, it seems clear that there is little legal impediment to those who would seek to curtail access to trial by jury for those suspected of terrorism. Despite this, and despite the fact that Australian counter-terrorism measures post-2001 can hardly be characterized as restrained, there have been no serious attempts to restrict the right to trial by jury for those accused to terrorism related offences. Instead a number of high profile and expensive jury trials have been conducted. Why has Australia bucked the international trend and shown such admirable commitment to the counter-terrorism-jury? This author will contend that the answer lies in the cultural, historical and political significance of the jury in Australia. Interference is not politically feasible. The nature of terrorism - as a crime of politics - and the public’s attachment to the jury as an institution mean that removing the right to jury trial would be perceived as illegitimate.
Professor Walter DeKeseredy, University of Ontario Institute of Technology; Callie Rennison, University of Colorado; Lynn Addington, American University
New Empirical Directions in the Study of Separation/Divorce Assault
Since the late 1980s, an international group of scholars has made some key empirical and theoretical contributions to a rich social scientific understanding of various types of separation/divorce assault in urban, suburban, and rural communities. Still, there is much more research to be done and more theories to be constructed and tested. The main objective of this paper is twofold: (1) to review the extant empirical literature on male-to-female separation/divorce assault and (2) to provide suggestions for future research.
Dr Joseph Donnermeyer, Ohio State University; Professor Walter DeKeseredy, University of Ontario Institute of Technology
Collective Efficacy et al: What do they mean for the Study of Crime?
There is an armanda of synonyms – gemeinschaft, integration, cohesion, density of acquaintanceship, social capital, and collective efficacy - with overlapping conceptual meanings for the study of crime, especially at the community and neighbourhood levels. And, there is one prominent antonym, namely, social disorganisation. This presentation examines these concepts from a critical view, noting similarities and differences in what they attempt to define and how they attempt to explain crime. The paper argues that social disorganisation, collective efficacy and its entourage of synonyms remains mired in over-simplified, dichotomous causal images of social structure and crime.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Dr Joseph Donnermeyer, Ohio State University; Dr John Scott, University of New England; Dr Elaine Barclay, University of New England
How Can Rural Criminology Inform Critical Thinking in Criminology?
Selected rural criminological issues are examined and discussed in terms of their implications for the study of crime in general, and specifically from the point of view of critical criminology. Over the past two decades, a growing volume of rural-related criminological work has come to question some of the fundamental tenets of mainstream criminology. Yet, theoretical developments in rural criminology remain in their infancy, especially from a critical perspective. This paper examines agricultural crime, community-based studies of crime in rural localities, responses to crime and social change and understandings of rural ‘Otherness’ or, what has been termed, ‘strange ruralities’ to frame rural criminological work in a more critical perspective, and to advance rural work beyond its largely descriptive, atheoretical leanings.
Dr Molly Dragiewicz, University of Ontario Institute of Technology
Domestic Violence in the Family Court: Recognition and Appropriation
The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favour if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper will investigate the deployment of claims about “parental alienation” in response to reports of violence and abuse as an object lesson of the perils and possibilities of legal responses violence in the family law system.
Professor Pieter du Toit, North-West University
Prescribed Minimum Sentences: The South African Legislature’s Populist but Ineffective Response to Serious Crime
Traditionally South African courts did not embrace inordinately long terms of imprisonment and they held the view that the deterrent effect of a prison sentence is not always proportionate to its length. The South African legislature’s response to serious crime (especially upon the abolition of the death sentence) was the adoption of minimum sentence legislation in 1997. It was supposed to be a short term response. It has now become a permanent measure. Courts are bound to impose prescribed minimum sentences for certain categories of serious offences unless so-called ‘substantial and compelling circumstances’ are present to justify a deviation from those sentences. The Supreme Court of Appeal has held that it was therefore no longer ‘business as usual’ and unless there were truly convincing reasons to impose a lesser sentence, courts should impose the prescribed sentence. Even regional magistrates’ courts, which are considered to be ‘lower courts’ are now empowered to impose life imprisonment. Personal doubts (which many courts had) about the efficacy of the sentencing policy may not stand in the way of the sentencing court to impose these sentences. Has the minimum sentence legislation made South Africa a safer place? The number of prisoners serving life sentences has increased almost 2400% since 1995. However, since the introduction of the minimum sentences there has been no real let-up in the crime pandemic that engulfs South Africa - a fact acknowledged by the Supreme Court of Appeal. An important point made in the Constitutional Court judgment which declared the death penalty unconstitutional is that the greatest deterrent to crime is the likelihood that offenders will be apprehended, convicted and punished. It is this which is presently lacking in our criminal justice system. Successful deterrence of serious crime also involves the need for substantial redress in the socio-economic conditions of the poor. The paper explores the South African legislator’s populist but ineffective response to serious crime.
Dr Angela Dwyer, Queensland University of Technology; Dr Matthew Ball, Queensland University of Technology; Associate Professor Thomas Crofts, University of Sydney
Building a History of GLBTI Police Liaison Programmes in Australia
For some time now, GLBTI (gay, lesbian, bisexual, transgender, intersex) police liaison programs have been an important part of policing these communities. Interestingly, even though they are the main focus of building relationships between police and GLBTI people, they have been subject to only limited research in terms of their history. Through a preliminary analysis of qualitative interview data with key GLBTI people across Australia, and an analysis of relevant documents, this paper presents a history of the establishment of Australian GLBTI police liaison programs. It focuses on elements such as key events that contributed to establishing Australian programs and how they were organised, structured, and maintained through committees and structures within police organisations. The paper also examines how these programs were conceptualised by police organisations. It concludes by highlighting the importance of documenting these histories, and thinking about what lessons they provide for the current forms of police support for GLBTI today.
Crime, Justice and Social Democracy: 2nd International Conference
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Dr Anna Eriksson, Monash University
The Bureaucracy of Punishment
The modern prison can arguably be viewed as a bureaucracy, reflected in hierarchical work structures, strict adherence to rules and technical procedures, and focus on task efficiency and effectiveness measured against Key Performance Indicators. However, bureaucracies, by their very nature, dehumanise, dealing instead with ‘objects’ removed from moral consideration. Max Weber purports that there are two central consequences of bureaucracy: firstly that they are incompatible with democracy, and secondly the tendency to develop secrecy. Moreover, as argued by Zygmunt Bauman, highly functioning bureaucracies erodes proximity between actions and consequences, which can have a devastating result for the ‘objects’ of its operation, since inhibitions against immoral behaviour do not act at a distance. However, the Nordic countries, with their centralised state and expansive welfare system are highly bureaucratic in their operation, and yet manages to produce institutions of punishment that are relatively humane and where ethical work practices are seen as core, raising questions around what other factors – cultural, social, political – might act as insulation against erosion of proximity inside and outside the prison walls. This paper will engage in a theoretical exploration of these themes and asks: what are the consequences for the objects at the core of the business of punishment, and are there ways in which the negative outcomes of bureaucratic management can be ameliorated, with moral and ethical considerations re-introduced as a principle of practice?
Brodie Evans, Queensland University of Technology; Dr Erin O’Brien, Queensland University of Technology
The Cairns Abortion Trial: Deviance, Stigma and the ‘Spoiled Identity’
In 2010 a couple in Cairns were charged, and later found not guilty, of illegally obtaining a medical abortion through the use of medication imported from overseas. The court case reignited the contentious debate surrounding the illegality and social acceptance of abortion in Queensland, Australia. Based on critical discourse analysis of 150 online news media articles covering the Cairns trial, this paper argues that the media shapes perceptions of deviance and stigma in relation to abortion through the use of language. In this case, the Cairns couple were positioned as deviant for pursuing abortion on the basis that they were rejecting the social norm of motherhood. This paper identifies three key themes evident in the articles analysed which contribute to shaping the construction of deviance – the humanising of the foetus, the stereotyping of the traditional female role of mother, and the demonising of women who choose abortion. This paper argues that the use of specific language in media coverage of abortion has the power to disrespect and invalidate the experiences, rights, and health of women who choose to terminate pregnancies.
Dr Karen Evans, University of Liverpool
Social Justice at the Margins? Gender, ‘Race’ and Justice in the 21st Century
Following developments in Canada, later picked up in the United States and Australia in the latter years of the last century, governments within the UK began, around a decade later, to consider gender-specific ways of working with women who have offended and to experiment with gender-responsive criminal justice. The first moves in this direction emerged in Scotland with two reports on women offenders which paved the way for services tailored specifically to the needs of women, resulting, amongst other outcomes, in the establishment in 2003 of the 218 Centre in Glasgow – a residential and community-based resource for women assessed as particularly vulnerable to custody or re-offending. The centre was run by a voluntary sector organisation known for expertise in working with people with drug and alcohol problems. The Home Office, later Ministry of Justice, for England and Wales lagged behind in its consideration of gender-responsivity finally commissioning Baroness Corston in 2006 to “conduct an independent review of “vulnerable” women offenders and other vulnerable women who come into contact with the police or courts,”. What followed from these deliberations was the commissioning throughout the UK and Northern Ireland of a number of women-led centres and services working with women who had come into contact with the criminal justice system. The ethos which they brought to this work was very different to that found within traditional, masculinist and risk-based discourses which have dominated criminal justice for many decades, instead they brought ideas heavily influenced by feminism and placing the offending of women into a fully-social context. As a result the centres offered an empathetic, understanding and inclusive structure to their work and a supportive and non-judgemental approach which helped women to reflect on their lives, on their decisions and to reach a ‘moment of change’ which would help them to turn their lives around. This paper explores and reflects on this period and these services, comparing them to justice systems practiced by marginalised and oppressed peoples in other parts of the Anglophone world and asking where spaces of social justice can emerge and what long-term impact they could have on our futures.
Dr Xia Fei, East China University of Political Science and Law
Time to Make Change: The improvement of Comprehensive Management of Public Security
Comprehensive Management of Public Security is the basic model of urban policing in China. It was launched in 1990s and works well within last two decades. However, it emphasises too much on the formal control and the cost is very high. A shift from formal control to informal control should be made under the background of china improving its legal system.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Dr Helen Fraser, University of New South Wales
Injustice Arising from Current Legal Practice in Relation to Presentation of Hard-to-Hear Covert Recordings as Evidence in Criminal Cases
Evidence in the form of covert audio recordings, legally obtained from concealed listening devices, features in an increasing number of criminal trials. Sometimes these recordings are of very poor quality, to the extent it is hard to make out what words (if any) are spoken, and assess the weight (if any) of the evidence they provide. Under current Australian law, police are allowed to transcribe hard-to-hear covert recordings obtained in relation to cases they are personally investigating, and, when the case comes to trial, to testify to the accuracy of their own transcripts in the role of so-called ‘ad hoc expert’. The evident risk of bias in their interpretation of the audio is supposedly obviated by an obligatory caution from the judge to the jury, that they should treat the police transcript merely as a so-called ‘aide memoire’, and let their own ears guide them as to what is actually said in the recording. This paper offers a brief legal history of these practices, and demonstrates that they have unintentionally become the source of substantial injustice – effectively re-instating the possibility of police ‘verballing’ defendants. Using numerous examples from real cases, as well as experimental evidence demonstrating how easy it is for juries’ (and legal professionals’) perception of hard-to-hear audio to be ‘primed’ by a police transcript, and how unrealistic it is to ask them to disregard such priming, it argues that current legal practice is in urgent need of reform, and makes several recommendations as to how this might be achieved in an uncomplicated, common-sense manner.
Dr Jennifer Fraser, Ryerson University
Private Matters to Public Problems: The Emergence and Evolution of Violence Against Women as a Social Problem in Canada
Over the last forty years, the battered women’s and rape crisis movements have been integral to state recognition of and response to violence against women in Canada. With parallel goals of providing services and support to women experiencing violence, as well as advocating for substantive social change recognising women’s inequality as the root of the problem, feminist activists have been involved in a complex process of negotiation between grassroots mobilisation and engagement with the Canadian state. Today, not unlike other criminalised behaviour in Canada’s increasingly neoliberal state, the dominant public policy response to intimate partner violence and sexual violence is based upon a conceptualisation of violence against women as an individualised criminal justice problem requiring “tough on crime” responses –an approach that was never, and continues to not be, universally endorsed by feminist activists and service providers. This paper will explore the evolution of the construction of violence against women as a social problem by feminist activists in Canada, specifically in the province of Ontario, between 1970 and 2010. Using a feminist historical approach to social problems theory based on evidence from documents preserved in the Canadian Women’s Movement Archives and interviews conducted with activists involved in the Canadian feminist movement, this paper investigates the following questions: How did the feminist issues of “wife battering” and “rape” transform into the crime problems of “domestic violence” and “sexual assault”? Why do aggressive and specialised criminal justice interventions exist for domestic violence and not for sexual assault? And, how do we reconcile the success of feminist claims-making campaigns that resulted in public recognition and symbolic condemnation for the social problem of violence against women with a contemporary political context that no longer legitimises feminist expertise on the issue? Additionally, as part of a larger project on the genealogy of social response to violence against women in Canada, this paper contributes to a history of feminist activism reflective of a commitment to document and interpret the past in the pursuit of a more equal and empathetic future.
Dr Kate Gleeson, Macquarie University
Neoliberal Abortion: Criminal law, Health Policy and the Entrepreneurial Self
At the Cairns District Court in October 2010 a young couple were found not guilty of all charges relating to the importation and use of the abortion drug RU486. Although the Cairns Case resulted in all charges being overturned, the legal status of RU486 remains arguably unclear. Most significantly, the case produced, rather than clarified, a number of questions about the social and legal status of self-abortion in the age of relatively ‘safe’ and accessible drugs like RU486.
In this paper, I examine the role of the state in the Cairns Case to suggest that the example of self-administered RU486 exposes some of the limits of neoliberal discourses applied to reproduction. Increasingly, neoliberal tropes such as ‘patient as client’ and ‘individual choice’ have shaped public discourses and policies concerning reproductive health, such as in the arenas of assisted reproduction, birthing practice and to a lesser extent, selective (genetic) abortion in Australia. This agenda, while reflecting and perpetuating a weakened social welfare state, has provided some (debatable) benefits for women in the provision of heightened ‘choices’. However, abortion performed for ‘social indications’ stands alone in the reproductive policy milieu, in its contested social and ethical status and its historical regulation by the criminal law. In particular, the capacity for women to self-administer abortion poses challenges to medical, political and legal establishments that patrol the practice. Historically, the autonomous, private act of self-abortion has sat uneasily in relationship to medical and legal establishments, posing a populist threat to hegemonic authority. This threat was thought to be neutralised by legal reforms enshrining medical control of abortion in modern criminal and health laws from the 1960s. In an unanticipated turn, the medicalisation of abortion by way of chemical abortifacients like RU486 has opened the practice once again to populist administration by individual women.
Crime, Justice and Social Democracy: 2nd International Conference
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I argue that the resurgent phenomenon of self-abortion exposes some of the potent limits of neoliberal framings of reproductive praxis. To illustrate this point, I examine the Cairns Case in relation to Foucault’s observations about the nature of medicine made in The Birth of the Clinic [1963] and Angela McRobbie’s 2010 analysis of post-feminism under neoliberalism. I do this to provide a sociological analysis of contemporary abortion regulation within the deregulated social and economic environment in which young Australian women reside
Ashlee Gore, University Of Western Sydney
Beyond Provocation
This paper will outline a doctoral research project on social and legal constructions of intimate partner homicide in a post-provocation environment. Now that the provocation defence has been abolished or is under challenge in a number of Australian jurisdictions (pending in NSW in the current parliamentary inquiry), there is a particular need to ensure that the same recurrent court narratives of victim blaming and ‘women asking for it’ will not be redeployed in the guise of other partial defences to murder. National and international evidence shows that socially ingrained narratives of violence and sexual intimacy are difficult to displace, particularly in the context of the ‘adulterous’ or ‘departing’ women. Given these considerations, will the move to abolish the partial defence of provocation in NSW be able to effectively address the social and legal mobilisation of ‘culture of excuse’ for men’s violence against women in certain circumstances?
Nancy Grevis-James, Queensland University of Technology
Interactions Between Front-line Police and Individuals with Intellectual Disabilities: A Perspective from Non-Government Organisation in Queensland
This paper reports on exploratory research on the interaction between front-line police and individuals with intellectual disabilities from the perspective of non-government organisations (NGOs) in Queensland who work to support this community. A review of the literature has shown that there is limited research focussing on this topic internationally, nationally, and in Queensland. Based on 18 one hour interviews with employees of NGOs in Queensland, and using a governmentality framework to analyse the data (Dean 1999) this research highlights the discourses surrounding the criminal justice experience for individuals with intellectual disabilities. The research further demonstrates the complex relationships NGOs develop with police when individuals with intellectual disabilities come to the attention of, or are at risk of coming to the attention of, front-line police.
Dr Michael Grewcock, Faculty of Law, University of New South Wales
State Crime, Colonialism and the Forced Migration of Children
The detention and forced transfer of children has been one of the most abusive characteristics of Australia’s recent border policing practices. However, while such practices have rightly been condemned as breaching international human rights norms to an extent that can be described as state crime, such practices are not new. Drawing on public inquiries into the forced removal of Indigenous children and the forced migration of ‘orphaned’ children to Australia, this paper examines the ways in which state crime committed against child refugees might be understood as a product of Australia’s history as a colonial settler state in which notions of children’s rights and agency are subordinated to over-arching ideologies of nation-building and national identity.
Amy Gurd, Queensland University of Technology
The Rurality of Sex: Community Resistance and Objection to Prostitution in Rural Areas Throughout Queensland
Queensland legislation currently defines two legally recognised forms of prostitution, being either sex work conducted in a licensed brothel or by a private sole operator. Despite prostitution’s legality in these contexts, it continues to be heavily controlled and restricted by authorities, whilst commonly being rejected by surrounding communities. Community resistance toward prostitution in Queensland is demonstrated through over 200 successful applications in towns with populations of less than 25,000 to prohibit the development of licensed brothels in their area since 2000 when such exemptions became available under the Act (Prostitution Licensing Authority 2012). This suggests a general trend amongst small rural towns that legal prostitution is not welcome in their communities. This paper reports on preliminary findings as to why such significant resistance towards legal prostitution exists in these rural areas, and how such a position works alongside rural crime and social control strategies.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
33
Maggie Hall, University of New South Wales
Legal Sentencing vs. the Lived Sentence
Lawyers tend to think of the sentence as something which begins and ends in the courtroom. Analysis of sentencing is thus defined and delimited by this perspective. For the sentenced person the “sentence” may well last for longer than any formal contact with the criminal justice system in the ongoing denunciation and exclusion from conventional avenues of social participation such as employment. As the only common denominator throughout the different stages of criminal justice processing the accused person has a unique perspective which challenges this compartmentalised view. As Erikson and Baranek (1982) point out the accused is also a “one shot player” at the bottom of the “hierarchy of credibility” in the criminal justice system. In tandem with the dominance of penal populism and increasingly punitive attitudes, this has resulted in the erasure of the subject of criminal justice processing. Pat Carlen’s notion of “imaginary penality” (Carlen 2008) describes the experience of many prisoners whose “sentence” bears little resemblance to the abstract version handed down by the judicial officer. Quite apart from notions of fairness, there are other compelling reasons for listening to the voices of the subjects of criminal justice dispositions. The most obvious reason arises from the aims of sentencing and indeed from the aims of criminal justice generally. Although often viewed as abstract philosophical constructs with no direct applicability to the real world of punishment, I would argue not that the sentence should reflect these aims, but that expectations of (and by) the prisoner arise from these aims. In addition the aims of sentencing contain significant expectations of personal transformation and the expression of certain internal states. Remorse is the most significant of these, and I argue that the requirement to adequately display remorse persists throughout the sentence. In this paper I will introduce the idea of the “lived sentence” and give some examples of the way that prisoners understand the sentencing process. These extracts are taken from interviews with 30 prisoners serving medium to long sentences in NSW prisons.
Dr Sharon Hayes, Queensland University of Technology
Sex, Love and Abuse
This paper examines the nexus between sex, love and abuse as a framework for exploring discourses surrounding harm in intimate relationships. It proceeds from within the wider acknowledgment of a crisis of sexuality in contemporary western society, where on the one hand attitudes towards sex and non-heteronormative sexual practices have become more open and accepting, while at the same time there has been an increased governance of perceived sexual harm. To date, there is very little research on this topic. While there are many feminist, criminological and psychological works on both child sexual abuse and intimate partner abuse, there is very little in the way of challenges to dominant theoretical perspectives. This paper seeks to confront and interrogate the dominant paradigms for both hetero- and non- heterosexual relationships, by questioning whether, for example, it is possible for an individual to legitimately choose to stay in an abusive relationship without being pathologised, whether a woman can cause harm without being masculinised, why women who harm young children are not necessarily aberrations, and whether it is conceivable that an adolescent might consent to sex with an older partner – and what that means for dominant theories about harm, as well as current legislation surrounding it. It aims to destabilise essentialist understandings of these phenomena with a view to identifying the subtle and complex nature of relationships, and why abuse often defies easy explanation and categorising.
Dr Kathryn Henne, Australian National University; Dr Emily Troshynski, University of Nevada, Las Vegas
Technologies of Biosurviellance: Bodily Regulation Through the Lens of Ordinary Affection
There is a growing academic literature that scrutinises the effects of technologies deployed to surveil the physical bodies of citizens. Here, we consider the role of affect—that is, the visceral and emotive forces underpinning conscious forms of knowing that can drive one’s thoughts, feelings and movements. Drawing from research on two distinctly different groups of surveilled subjects, paroled sex offenders and elite athletes, this paper examines the mundane practices of biosurveillance in their lives and how their reflections reveal unique insight into how subjectivity, citizenship, harm and deviance become constructed in intimate and public ways vis-à-vis technologies of bodily regulation. After considering these case studies, we ask: What do these ‘ordinary affects’ reveal about the cultural conditions of biosurveillance? How are these technologies a formation of affection that evidences broader shifts in policing, governance and punishment and shifting modes through which subjects relate to their bodies, their Selves and their desires? As corporal traces, these affections, we argue, reveal complexities that debates around biosurveillance, particularly in relation to civil liberties and social democracy, often negate and may not be equipped to tackle.
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Dr Georgina Heydon, RMIT University
Policy and Proximity in Police Record Checks by Employers
Prior research has suggested that two important factors in the rehabilitation of ex-offenders and their acceptance into mainstream communities are policy and proximity (Hardcastle, Bartholemew and Graffan 2011). The extent to which policy and proximity can be seen as enabling factors or obstacles when it comes to the rehabilitation of ex-offenders is well demonstrated through a study of recruitment processes, and in particular the check of a candidate’s criminal or police record. By policy we mean government policy that addresses the use of criminal records checks, as well as government or industry regulations that relate to such checks, and professional practices that are informed by organizational policies on criminal record checking. Proximity is here understood as that aspect of workplace practices that involve physical or interactional closeness between workers. Surveys and interviews with human resources (HR) managers across a wide range of organizations were conducted in order to better understand the decision-making processes that are involved in criminal record checking (mainly during recruitment but also in the course of employment.) The data gathered from these sources indicate that factors relating to both policy and proximity were prominent in influencing the decision making processes, and further that neither policy nor proximity could be seen as either positively or negatively influencing recruitment and HR practices, but that both were responsible for contributing to a richer understanding of the concerns raised by criminal record checking from the perspective of the employer.
Professor Russell Hogg, University of New England; Queensland University of Technology
‘Too Big to Fail’, ‘Too Big to Goal’: The Great Recession, Free Markets, Crime and Punishment
This paper will look at the evidence of criminal activity in the finance sector in both the lead up to and aftermath of the US and global economic meltdown of 2008, variously referred to as the global financial crisis (GFC) or the great recession. However labelled, it was (or is) the most devastating global economic crisis since the Great Depression of the 1930s. It roots lie in the progressive financialisation of the US economy since the 1980s, the most de-regulated economy in the advanced capitalist world. Pertinent questions arise: how to understand the nexus between the triumph of free market ideology in the US (often touted as the model for the rest of the world) and the economic chaos and instability caused by the great recession? And, given the abundant evidence that endemic fraud and other malfeasance on the part of the banks and other financial institutions had a major contributing role in causing the crisis, how to account for the fact that no leading bank official has been criminally prosecuted in a nation where the attachment to penal retribution is as strong as the attachment to the market. These rising contradictions may herald the unravelling of free market hegemony. They also raise questions concerning the role of the often overlooked monetized system of justice (cf O’Malley, The Currency of Justice) in churning so much criminal wrongdoing on the part of the wealthy and powerful through the circuits of economic calculation where it is safely insulated from moral, legal and political judgment.
Justine Hotten, Queensland University of Technology, Dr Angela Dwyer, Queensland University of Technology
Nothing Exists: Lack of Perpetrator Programmes for Lesbians in Domestically Violent Relationships
We see intensive research and services aimed at preventing domestic violence (DV) in Australia while lesbian DV is not as widely recognised in current DV prevention initiatives. Existing DV perpetrator programs use heterosexual frameworks to develop programs geared towards men’s use of violence against women. Currently, there are no programs available for domestically violent lesbian women in Brisbane. Men’s perpetrator programs work with men in areas of poor impulse control and the social influences of gender and power. These programs reflect heterosexual assumptions of DV by only seeing men as violence perpetrators rather than both sexes being capable of such violence. This paper will discuss research conducted with Brisbane service providers about lesbian DV and the concerns raised about how male perpetrator programs do not address women’s use of violence. Specific concerns included how programs they use to assist men and their use of DV, would translate into programs dealing with women’s use of DV, if at all. This paper will argue the points raised, which fundamentally demonstrate the need for appropriate service training that address key issues in lesbian DV and suggests ways forward to improve service provision and support for violent women and women survivors.
Justine Hotten, Queensland University of Technology
The Negotiation of Sexual Consent between Same Sex Attracted Women
Sexual consent is more often discussed in literature pertaining to sexual assault, rape, sexual coercion and the law (see Hickman and Muehlenhard 1999; Girshick 2002a; Waites 2002; Steutel and Spiecker 2004; Waites 2004). In most of these cases sexual consent is discussed without being defined (see Hurd 1996; Walker 1997; Jones 2002-03). Beres (2007: 93) states that this implies a ‘shared understanding’ of what sexual consent actually means. Through Beres (2007:93) analysis of sexual consent literature, she found that a clear definition is ‘complex and often confusing’. Research about how same sex attracted (SSA) women negotiate sexual consent in their relationships and encounters with other women is very limited. Sexual consent research tends to be interpreted through heterosexual theories and definitions of sexual consent neglecting how sexual consent is negotiated between SSA women. This project will investigate how SSA women negotiate sexual consent in their relationships and/or encounters with other women. It will use a mixed method research approach by using an online survey with an invitation to participate in face-to-face interviews. Through a social justice focus, it is vital existing research be expanded to produce a better understanding of how sexual consent is negotiated in SSA women’s relationships and encounters. This may assist in raising awareness and education about the prevention of sexual assault and violence in these relationships.
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Laura-Jane Howe, Queensland University of Technology
Discourses within the Feminist ‘Trafficking vs. Migration’ Debate: Examining the Perspectives on Sex Across International Borders
Contemporary research into sex trafficking is focused on the debate surrounding a woman’s right to travel and work for sexual purposes and whether or not this constitutes a form of exploitation (O’Connell Davidson 2002, Lee 2007). A pilot study of the digital and print media however has indicated that this debate is overwhelmed by the image of women in the sex industry as vulnerable and exploited, compounding the dominant depiction of women as sex slaves and ‘devoid of agency’ (O’Brien and McLeod 2011). This current and ongoing study reports on the second stage of this research which employs secondary data sources, namely all publically available submissions to both the 2004 Inquiry into the Trafficking of Women for Sexual Servitude and the 2012 Inquiry into Slavery, Slavery-like conditions and People Trafficking, to explore the ways in which women who cross borders to work in the sex industry are positioned both publicly and politically. It will enable a comparison to be made between media representations, the views of those in political parties and those with a vested interest in this issue. It will also further highlight the dominant narratives from within which these women’s lives are understood and from which political outcomes regarding their lack of decision-making is policed.
Professor Tony Jefferson, Keele University
Masculinity, Sexuality and Hate-filled Violence
Tony Jefferson starts with a recent quote from Nancy Chodorow, where she suggests ‘that an equally fundamental component of male selfhood and identity to the dynamic of male as not- female – a fundamental dynamic that perhaps particularly underpins terrorism and other male political and ethnic violence – is masculinity as being an adult male and not a little boy. Humiliation, specifically, is especially a male-male – originally father-son – affair.’ Using this as a springboard, and other relevant writings drawn largely from the psychoanalytically-informed psychosocial literature on prejudice and racism, he will attempt to tease out the relations among masculinity, sexuality and hate-filled violence and test them using empirical material from a recent interview-based study of racially motivated violence.
Diana Johns, RMIT University/University of Melbourne
The Analytic Possibilities of ‘Culture’ in a Post-Prison Context
This paper is focused on the use and usefulness of ‘culture’ as an analytical tool, in the context of prisoners’ return to the community. Whereas the analytic dimensions of the culture concept have been explored in anthropological circles, its criminological applications have been limited. While the growth of ‘cultural criminology’ signifies a resurgent interest in ethnography, subjectivity, lived experience and the phenomenological, for instance, it can be argued that its concept of culture lacks explanatory or analytical power. This paper considers the analytic possibilities of ‘culture’ as a tool for uncovering aspects of the post-imprisonment experience. It draws on interviews with released prisoners and post-release support workers, conducted for PhD research on the post-release experience of men in Victoria, to illustrate how culture applied in this way can illuminate processes underpinning and constituting the cycle of reimprisonment, or what Halsey (2006) has termed the ‘reincarceration assemblage’. Seeing culture as both a ‘product and producer’ (Sampson and Bean 2006) of this assemblage reveals elements which contribute to the continuation of the cycle, and which can counteract efforts – on the part of ex-prisoners themselves and society more broadly – towards reintegration and reduced reoffending. A cultural perspective can thus provide a way of understanding men’s experience of getting out and staying out of prison, and how penological thinking may make use of such a lens.
Hope Johnson, Queensland University of Technology; Dr Rowena Maguire, Queensland University of Technology
Environmental Justice in China and Australia: A Comparative Analysis of the Evolution of a Regulatory Framework for Environmental Liability
The concept of environmental justice is well developed in North America, but is still at the evolutionary stage in most other jurisdictions around the globe. This paper seeks to explore two jurisdictions where incidents of environmental justice are likely to be seen in the future as a result of manufacturing and mining practices. Manufacturing is at the core of the Chinese economy and is responsible for some of the unprecedented economic growth in the region. The less discussed impacts of the manufacturing boom are the water and air pollution and the associated implications of these pollutants on local communities. Environmental liability claims in the People’s Republic of China (PRC), have increased at an annual average of 25%. This paper considers the Tort Liability Law (TLL) that was approved by the Standing Committee for the National People’s Congress (SCNPC) and which came into force on 1 July 2010. The other jurisdiction considered by the paper is Australia where the mining boom has buffered the Australian economy from the global financial crisis. There is some limited case law in Australia concerning toxic torts, however the framework is under-developed in contrast to the risk presented to many communities by coal dust and toxic chemical leakage or ground water contamination from unconventional gas extraction. This paper traces the rise of the environmental justice movement in Australia and will identify the key common law principles of environmental justice in Australia from the limited toxic tort litigation to date. As such this paper shows how major industries are affecting communities in China and Australia and examines the legal responses to these risks.
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Pawel Laidler, Jagiellonian University
Conservative Crime Control v. Liberal Due Process: Current Politics of Crime and Justice in the U.S. Supreme Court
Since 1960s the dominating crime control model has been removed by the liberal due process model and U.S. criminal justice system has been subject to rapid constitutional changes. After 9/11 both models are implemented by the U.S. Supreme Court in the process of constitutional adjudication. The current dispute between conservatives and liberals on the Court shows that politics is often decisive, when it comes to the “right interpretation of justice”. As the process of judicial review is very active, the only way of social impact on the proper criminal justice model is through presidential elections, as presidents pick the Justices of the Court. The purpose of the paper is to examine the current scope of criminal justice model in United States, and to show the clash of law, politics, and social expectations in the discussion over crime in America.
Dr Mark Lauchs, Queensland University of Technology; Robyn KeastA Multi-Network Analysis of Police Corruption and Illicit Markets
The Fitzgerald Inquiry (1988-89) into corruption in Queensland exposed extensive corruption between police officers and the illicit vice industry. The transcripts from this inquiry provide detailed data on the relationships between police and the illicit operators and their staff. This paper applies social network analysis techniques to a case study of police corruption in order to produce findings which will assist in corruption prevention and investigation. It analyses the multiple networks of corrupt police and the prostitution industry in Queensland in the 1970s and 80s. It uses the data obtained from a commission of inquiry which exposed the network and develops hypotheses as to the nature of the networks structure based on existing literature into dark networks and criminal networks. These hypotheses are tested by entering the data into Analyst Notebook and analysing the outcomes through social network analysis measures of average path distance, centrality and density. The conclusions will demonstrate a fluid industry with networks within networks and also demonstrates the difficulty of situational awareness of activity in a Dark Network of illicit activity.
Vy Le, Queensland University of Technology
Understanding the Operational Structure of Southeast Asian Drug Trafficking Groups in Australia
In the last four decades, the study of organised crime has centred on discussions around the concept of “criminal organisation” but limited progress has been made towards understanding how or why criminal groups adopt specific methods of operation. One approach to targeting organised crime groups (OCGs) and their activities is to develop a greater understanding of their operational structure and behaviour. The current study examines the operational structure of Southeast Asian drug trafficking groups operating on the eastern seaboard of Australia by testing the validity and application of organised crime and drug trafficking typologies. The study adopts a qualitative, multiple case study framework using data obtained from 159 drug trafficking cases in three Australian states: New South Wales, Queensland and Victoria. Key findings indicate that the usefulness of typologies is limited when classifying and analysing OCGs. In particular, Southeast Asian drug trafficking groups operated largely in small, informal, family-based hierarchies or groups that were better conceptualised using theoretical perspectives from network or cultural theory. The study recommends that replicating previous empirical research in the field is a more effective approach towards building a cumulative body of knowledge on organised crime structures, rather than the application of typologies.
Bridget Lewis, Queensland University of Technology; Dr Rowena Maguire, Queensland University of Technology; Helen Stringer, Queensland University of Technology
Addressing Vulnerability to Natural Disasters in the Pacific: International, Regional and National Regulatory Frameworks for Disaster Management
The Pacific region is an area particularly prone to natural disasters such as cyclones, tsunamis, floods, droughts, earthquakes and volcanic eruptions. Many of the nations in the region are Small Island Developing States (SIDS), low-lying and lacking the economic resources to prepare for or respond adequately to such disasters. The impacts of climate change threaten to exacerbate these vulnerabilities, presenting a serious issue of justice given the relatively minimal contributions of Pacific Island states to greenhouse gas emissions. In spite of the foreseeability of further natural disasters as a result of climate change, there currently exists no comprehensive international framework for disaster adaptation and response offering practical and or legally reliable mechanisms to assist at-risk states. This paper sets out to explore the challenges associated with international, regional and national initiatives concerning disaster risk reduction and response frameworks and mechanisms. It seeks to explore the justice issues presented by natural disasters at three levels: international, regional and national. The paper will start by examining the challenge of defining a natural disaster for regulatory purposes. It will then consider state and non-state institutions (such at the Red Cross) which are involved in disaster planning and response in order to identify gaps, overlaps and ambiguities within the current framework. This will be followed by analysis of regional and bi-lateral disaster planning assistance for Pacific Island States. The paper will conclude by examining existing frameworks and support for Pacific Island nations in preparing for slow and sudden onset disasters and will make some recommendations as to how disaster policy can be adapted to better meet the needs of vulnerable states.
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Dr Marg Liddell, RMIT University
“Jumping into the System with a Bang”: Pacific Young People’s Contact with the Juvenile Justice System in New South Wales
While there are increasing numbers of people from Pacific backgrounds living in Australia there is limited information available on Pacific people in general or of the characteristics of their young people who are involved in the juvenile justice system. This paper is based on research undertaken with juvenile justice and the Pacific community in Western Sydney. It showed that Pacific young people are the second most over-represented group in the juvenile justice system in New South Wales, the first being Indigenous Australians. Those in custody or remand make up the highest level of violent offenders of any ethnic group in the juvenile justice system, are the third largest ethnic group in the system and are predominantly male. So they are not only comparatively over-represented in the system, they are more likely to be violent. Additionally they come to the attention of the juvenile justice system later than the rest of the population. The implications of this are considerable as their age and offending patterns could result in them frequently being tried as adults. This invariably leads to their entrenchment in the criminal justice system and more severe sentencing, hence they “jump into the system with a bang”.
Sally Lohrisch, Queensland University of Technology
The Mafia in Australia? The Origins of Australian Organised Crime, Law and Policy
Organised crime is estimated to cost Australia between $10-$15 billion annually. This includes costs of law enforcement, ongoing regulation, losses in taxation revenue and numerous health and social impacts (Australian Crime Commission 2011). Since the 1970s, the Australian Government has utilised a wide variety of laws, policies and strategies to address this particularly insidious form of criminality. There is, however, limited research that explores the effectiveness of the Australian Government’s approach to organised crime. This paper begins to fill this gap by exploring the origins of the Australian Government’s approach to organised crime law and policy. Involving a qualitative analysis of documentary material from the era of Prime Minister Malcolm Fraser (1975-1983), the paper explores both the earliest theoretical understandings of Australian organised crime and the earliest executive actions in this field. In doing so, the paper identifies that early theories of a ‘Mafia infiltration of Australia’ dominated organised crime discourse and impacted law and policy in this field. This paper argues that an analysis of this crucial time period in Australia’s recent history enables us to better understand the merits of the contemporary approach to fighting organised crime.
Lianna Martins, Queensland University of Technology
Beneath the Waves: The Effect of Climate Change on Sovereignty, Statehood and Human Rights
Rising sea levels, increasing flooding and cyclones as a result of climate change are expected to impact millions of people living in low lying areas in South, South East and East Asia. Climatologists predict that eventually island states such as the Maldives and Tuvalu will become completely submerged under water. What happens to the citizens of a former state when their nation disappears under water? The current international legal system is not able to adequately respond to the changing nature of refugees and it is uncertain how such states will retain statehood and sovereignty. The international legal system must be modified to protect persons displaced by climate change, particularly when such displacement is likely to be permanent, rather than temporary.
Lianna Martins, Queensland University of Technology
Climate Change and Asylum Seekers: Analysing the Absence of Protection for Environmentally Displaced Migrants
Due to human based greenhouse gas emissions a growing number of persons are being displaced from their homelands. There is currently a lacuna in international law to require States to provide protection to environmentally displaced persons in regards to their legal status and treatment while in detention. Environmental migrants are unlikely to fall within the protection of the 1951 Convention Relating to the Status of Refugees and countries have not established a relevant treaty to address this problem. Receiving states often chose to place national interest ahead of humanitarian and moral reasons to provide protection. This gap in protection has real consequences on migrants’ mental health and standards of living when they are kept in detention for lengthy periods of time awaiting a determination on their legal status. This paper will explore the ethical and moral implications of polluting states denying asylum to environmentally displaced persons and keeping such persons in prolonged detention. What obligations do States owe to asylum seekers who cannot be returned to their homeland due to ecological destruction, rising sea levels, or political breakdown due to climate change?
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Dr Dave McDonald, University of Melbourne
The Politics of Disgust: Paedophilia, Retributive Violence and the Im/possibilities of Hate Crime
Since the 1970s the prevalence of child sexual assault has become increasingly recognised as a widespread form of social harm. Alongside this, the category of the paedophile has gained a new salience. One consequence of these two interrelated trends is the now apparently universal disgust for, and repudiation of, child sex offenders. This is evidenced through more and more punitive responses to these offenders, as well as new legislative regimes that seek to ameliorate the apparent risk they are said to pose. Both post-sentence preventative detention and supervision regimes are now a feature of several Australian states. This signals an increased willingness on the part of legislators to pre-emptively engage with possible recidivism by this class of offenders. This paper uses such legislative regimes as a background through which to contextualise contemporary social, cultural and legal preoccupations with the category of the paedophile. This is explored through a recent case in New South Wales in which the Court of Criminal Appeal was required to consider whether offences of arson motivated by hatred for, or prejudice against, paedophiles, could give such acts the character of a hate crime. Exploring this case alongside scholarly responses to it, the paper investigates the contemporary disgust for paedophilia, and the political dimensions that underpin the question of whether prejudice- motivated crimes against paedophiles should be recognised as constituting a hate crime.
Dr Sanja Milivojevic, University of New South Wales
Borders, Technology, and Mobility: Former Yugoslavia’s States in and out of the (Cyber) ‘Fortress Europe’
Contemporary ‘world in motion’ (Inda and Rosaldo 2002) is underpinned by two overlapping yet contrasting processes: removing the borders for some; and generating new segregation zones for ‘human waste’ (Bauman 1998), for whom the processes of social exclusion are ever- present. ‘The excluded’ encompass a broad category of ‘the Other’: from organised crime networks, terrorists and paedophiles, to refugees, asylum seekers, working class/unskilled immigrants, and migrant sex workers. In this context, policing the border is becoming a centrepiece of state intervention (Weber 2012), and is increasingly mobile, incorporating pre- emptive and repressive measures both at and beyond the physical border. Commonly tied to security narratives (Pickering 2008: 175; see also Neal 2009), border-policing initiatives are carried out by a range of public and private actors, and include the range of new technologies, such as biometric data, central database of passport photos, wireless surveillance and facial recognition technology (Kozlowski 2004; Evelien 2005; Sun et al. 2011). In Europe, the officials argue that ‘[t]he abolition of internal border controls cannot come at the expense of security’ (European Commission 2012). Occasionally, the walls of the ‘Fortress Europe’ are physical; more often, they are less visible yet potentially more effective. The segregation zones in modern Europe have been largely build built, expanded and maintained through numerous hi-tech initiatives, creating what some commentators call ‘Cyber-Fortress Europe’ (Guild et al. 2008).
This paper will look at three former Yugoslavia’s states that are at the moment in various stages of the European integration process – Slovenia, Croatia, and Serbia. The paper will investigate key points of development of ‘Cyber-Fortress Europe’, as well key debates in relation to border policies in these countries. It will identify the requirements imposed by the EU to ascending countries in the context of border security, especially in relation to the introduction of new technologies around and at the border. Finally, the paper will reflect on how the process of EU (non) enlargement might impact on crime countermeasures and mobility in the region.
Dr Jamil Mujuzi, University of the Western Cape
Implementing Article 45 of the UN Convention against Corruption (on the Transfer of Sentenced Persons) in Africa: Prospects and Challenges
Article 45 of the United Nations Convention against Corruption empowers states parties to enter into bilateral or multilateral agreements or arrangements on the transfer of offenders convicted of offences in one country to serve their sentences in another country. Many African countries have ratified the Convention against Corruption. This article discusses the prospects for the implementation of Article 45 and the challenges likely to be encountered in its implementation. The author deals with the following issues: the available options for African countries to implement Article 45; the role of the courts in the transfer of offenders; the consent of the offender in the transfer; the issue of human rights in the context of the transfer; the sentences that could be imposed and whether there should be continued enforcement or conversion in the case of a transfer; the people subject to the transfer and the costs of the transfer.
Dr Erin O’Brien, Queensland University of Technology
Justifications and Limits in the Politically Motivated Law-Breaking of Environmental Activist Groups
In recent events, notions of political protest, civil disobedience, extremism, and criminal action have become increasingly blurred. The London Riots, the Occupy movement, and the actions of hacking group Anonymous have all sparked heated debate about the limits of legitimate protest, and the distinction between an acceptable action and a criminal offence. Long before these events, environmental activists were challenging convention in protest actions, with several groups engaging in politically motivated law-breaking. The emergence of the term ‘eco-tage’ (the sabotage of equipment in order to protect the environment) signifies the important place environmental activists hold in challenging the traditional boundaries between illegal action and legitimate protest. Many of these groups establish their own boundaries of legitimacy, with some justifying their
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actions on the basis of civil disobedience or extensional self-defence. This paper examines the statements of environmental activist organisations that have engaged in politically motivated law breaking. It identifies the parameters that these groups set on their illegal actions, as well as the justifications that they provide, with a view to determining where these actions fit in the vast grey area between legal protest and violent extremism.
Elizabeth O’Shea, Independent Researcher, Melbourne
Troubling Trends in Mainstream Discourse: Feminist Calls for Punitive Justice
Mainstream opinion writers and policy makers have always had a difficult relationship with criminal justice. Much commentary discusses the issues in a manner which conflates several objectives of criminal justice, when each warrants separate consideration. This confluence has come to a head particularly in recent debates about violence against women.
Recently, Sex Discrimination Commissioner Elizabeth Broderick has called for tougher sentencing for people convicted of intimate partner violence. Commissioner Broderick argues that these incidents should not be treated as ‘just a domestic’, but should attract ‘a premium penalty.’ This call for punitive justice has been echoed simultaneously by other mainstream feminist writers who have expressed frustration over the apparent failure of the judiciary to address this problem seriously, using key high profile examples.
These are dangerous trends which are gaining momentum in mainstream discourse. Calls for tougher sentencing gloss over the complexities of this criminal behaviour and ignore the rigidity of the process established to address it. While in many respects these attitudes are nothing new, significantly, these calls are coming from traditionally progressive voices. It belies a simplistic attitude to the law and does little to advance the cause of the disempowered and oppressed.
Such approaches have the power to reset mainstream progressive opinion about criminal conduct and contribute to a culture of pre-emptive guilt and minimal sympathy for the accused. Commentary which demonises offenders leaves little room for analysis of the social causes of crime and fails to recognise the role of prison in marginalising certain sections of the population. These attitudes add feminist fuel to the fire of contempt for criminals; an inferno which hardly needs stoking.
There are plenty of useful alternatives theoretical frameworks that are worth considering in this context. Restorative justice and therapeutic justice both have much to offer; both in respect of returning the victim to the centre of the process and providing flexibility that has the potential to provide better outcomes for the accused. The process is not right for all cases, but policy makers should be encouraged to provide alternative processes, with appropriate safeguards.
Natasha Papazian, Queensland University of Technology
A Cisgender Girl in a Transgender World: The Methodological Challenges of Researching in the Transgender Community
The available research literature on intimate partner violence is often centred around a heteronormative understanding of gender, relationships and violence. When it comes to intimate partner violence in the transgender community, the research is limited or non-existent due in part to the methodological issues of visibility and access by those outside this community. Drawing from Renzetti (1992, 1995), McClennen (2003), and the feminist participatory research model, this paper examines the techniques for overcoming the methodological barriers as a cisgender or ‘normatively gendered’ woman in a transgender community. Throughout the research with the transgender community, five strategies for overcoming methodological barriers were developed: Cultural Immersion, Commitment and Visibility, Sensitivity and Acceptance, Honesty, and Communication. This paper explores how utilising these strategies will enable access to transgender community in order to conduct effective research.
Margaret Pereira, Queensland University of Technology
Governing Drug Use Among Young People: Crime, Harm and Contemporary Drug Practices
Illicit drug use among young people is generally conceived as a problem of epidemiology, psychiatry or physiology to be governed through legal and medical interventions. This paper seeks to understand the historical and political contingencies of these forms of governance and how they help shape the growing diversity of young people’s drug use practices. The paper presents interview data from thirty young people in Brisbane who use a diverse range of drugs, and fifteen professionals involved in drug law enforcement and service provision. Research findings that young people’s drug use practices are shaped by the interplay of the governance of drugs and the drug user’s own subjectivity, is conceptualized in terms of Michel Foucault’s ‘practices of the self’. From this perspective, the ‘problem’ of drug use is contingent and contextual rather than pathological. With increasing recognition that contemporary responses to illicit drug use do not necessarily reduce drug related crime and harm, it is argued that there is a need to invent other possible practicable alternative forms of governing drug use.
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Anna Phelan, Queensland University of Technology
Megaprojects and Social Sustainability
Megaprojects are driving the current surge in Australia’s resource and energy sector investments. In the last decade, annual mining and energy capital expenditure increased at an average annual rate of 23 per cent. Western Australia and Queensland account for half of the investment, led by gas megaprojects and coal export facilities. Major industrial, infrastructure, and resource extraction projects that cost more than US$1 billion are typically called megaprojects; these projects have a global track record of social benefit shortfalls, cost overruns, and underestimation of risks.
People living in communities affected by megaprojects face the uncertainty, as well as, the reality of being separated from their productive assets and resources, and in some cases, their traditional sources of livelihood and social networks. Industry’s approach to the social dimension of sustainability is typically guided by the compliance based social impact assessment, as well as the voluntary based social impact management plan, these practices, however, are not implicitly focused on building a sustainable community within the region, rather they are designed to minimise ‘unsustainability’, earn social licence to operate, and contribute to project approval.
This paper examines whether the sustainability decision-making practices used by project proponents support the social sustainability of communities affected by megaprojects. It highlights issues with current operational level approaches to social sustainability assessment at the project level, and argues that to improve accountability and transparency of project outcomes, positive externalities that flow from goods and services provided by the social and cultural systems of the community must be incorporated into decision making.
Dr Michael Pottenger, University of Melbourne
Hard and Soft Cartel Power: Filling the Gaps left by the State in Mexico
This paper examines the problem of organised crime and illegal markets in Mexico. The pervasive nature of the power of the Mexican cartels is examined using Joseph Nye’s concepts of hard, soft and smart power. It is argued that in addition to wielding hard power in the form of brutal coercive force, cartels such as La Familia and Los Caballeros Templarios have also deployed soft power through appeals to religiosity and the provision of basic services and protection, filling gaps left behind by a corrupted and retreating state. This shows that the inability or unwillingness of the state to provide basic services and ensure the credibility and trustworthiness of its officials allows organised criminals to increase their power, and that protection is therefore fundamental to their doing so. It also shows the usefulness of theories of power in understanding organised criminal behaviour.
Dr Anastasia Powell, RMIT University; Dr Nicola Henry, La Trobe University
Embodied Harms: Gender, Shame and Technology Facilitated Sexual Violence in Cyberspace
Criminality in cyberspace has been the subject of much debate since the 1990s, yet in contrast, comparatively little attention has been paid to “technology facilitated sexual violence and harassment” (TFSV). We use this term to describe collectively the range of criminal, civil and otherwise harmful behaviours that are perpetrated against women with the aid or use of new technologies, and which include five different forms: (1) the unauthorised distribution and appropriation of sexual images (including some instances of sexting); (2) the distribution of sexual assault images; (3) online sexual harassment; (4) gender-based hate speech; and (5) virtual rape. The aim of the paper is to explore the ways in which retraditionalised gender hierarchies and inequalities are manifested in online contexts, and to conceptualise the cause and effects of TFSV as “embodied harms.” We argue that problematic mind/body and online/offline dualisms result in a failure to grasp the unique nature of embodied harms, precluding an adequate understanding and theorisation of technology facilitated sexual violence and harassment in cyberspace.
Helen Pringle, University of New South Wales
Forced Miscarriage by Assault: Reconciling the Value of the Foetus and Women’s Autonomy
This paper seeks to reflect on and reshape debates about abortion and social justice through the prism of forced miscarriage. The background to this paper lies in the renewal of the debate on abortion in Australia in parliamentary debates and a handful of contentious cases in regard to access. What has received less attention is a rising number of cases of foetal death caused by assault on pregnant women (e.g. R v King [2003] NSWCCA 399, and R v King [2004] NSWCCA 444). A concern for the status of the foetus tends to be identified almost exclusively with pro-life positions on abortion, but I note other legitimate voices that should be heard in this debate. This paper provides an account of the ways in which the unborn pose questions for our moral, legal and political reasoning around abortion and other reproductive matters in terms of social justice. What is at stake is the clarification of the relation of the status and value of the foetus with the autonomy of the pregnant woman. My aim is to develop a more nuanced perspective in the abortion debate, one that acknowledges the value of the foetus without destabilising the current settlement on access to abortion in Australia.
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Nan Qin, University of Hong Kong; Professor Elsie yan, University of Hong Kong
Fear of Crime and Self-Isolation of Older People in Contemporary Urban China
This study examined the prevalence of fear of crime and its impact on avoidance behaviour which indicated self-isolation of older people living in urban China. A total of 453 older adults aged 60 or above, recruited from urban communities of Kunming city, Yunnan province using stratified sampling methods, were interviewed face-to-face. Fear of crime was measured by a 10-item scale which rated participants’ fear for 10 types of crimes on a 10-point Likert scale (Cronbach’s alpha = .94). Avoidance behaviours were assessed by a 9-item scale asking whether or not participants had conducted the given avoidance behaviour (Cronbach’s alpha = .87). In the present study, 258 participants (57.0%) reported fear of crime and 397 (87.6%) participants reported avoidance behaviours. The prevalence of specific avoidance behaviour ranged from 77.9% to 42.2% with avoiding opening door to strangers (n = 353, 77.9%), avoiding talking to strangers (n = 349, 77.0%) and avoiding offering help to strangers (n = 341, 75.3%) as the most prevalent ones. The hierarchical regression analysis showed that fear of crime was a significant predictor of total avoidance behaviours (ß = .203, p < .001) controlling of gender, age, education, household finance, length of residence in neighbourhood, household size, living arrangement, physical health and social networks, perceived neighbourhood disorder and social instability, Chinese cultural values of harmony and direct and indirect victimisation experience. It was concluded that fear of crime increased the risk of self-isolation of old citizens who tended to constrain their interaction with others for self-protection. This study provided a rational basis for policy making and practical interventions to improve the sense of security and social inclusion of older Chinese.
Carol Quadrelli, Queensland University of Technology; Dr Debra Robertson-Stainsby, Queensland University of Technology
Risky Business: Mapping Ethical Landscapes and Negotiating Governance Tensions when Researching Female Offending
It is clear that as the research landscape morphs and shifts over time, this impacts on how methodology is conceptualised and implemented especially when researching vulnerable groups, like women offenders. Here, feminist researchers must negotiate layers of governance, including university and justice ethics committees, access to criminal justice organisations and acceptance by professional bodies. Complexity is compounded by varying levels of experience in qualitative fieldwork, inconsistent guidance from institutions, and often irregular guidelines to support the researcher in conceptualising an ethical methodology. There is some debate (and misunderstanding) surrounding how ethical feminist research methodologies work when researching marginalised groups. Yet a strong ethical framework underpinned by reflexivity is central to feminist research methodologies. The purpose of this paper is twofold. First, it will explore tensions between governance and high risk research in the area of female offending in Australia, specifically HDR theses that have adopted a range of feminist methodologies. Identifying and mapping ethical tensions experienced by the researchers, and their subsequent negotiations, resolutions and outcomes reveal a range of gate keeping issues, including access, confidentiality, and governance practices and processes encountered across the three research phases of conceptualisation, implementation and completion. The second aim builds on this analysis. By exploring the strategies used by these researchers, this paper aims to promote discussion on ethical methodologies and to provide useful insights to what Mason & Stubbs (2010:16) refer to as the open and honest reflexivity through the research process by describing the assumptions, hiccups and mistakes we make for future researchers negotiating governance landscapes.
Antonia Randles, Queensland University of Technology; Dr Mark Lauchs, Queensland University of Technology
Australian Aboriginal English and Cultural Conceptions – Can They Affect Policing?
It is well established that there are inherent difficulties involved in communicating across cultural boundaries. When these difficulties are encountered within the justice system the innocent can be convicted and witnesses undermined. A large amount of research has been undertaken regarding the implications of miscommunication within the courtroom but far less has been carried out on language and interactions between police and Indigenous Australians. It is necessary that officers of the law be made aware of linguistic issues to ensure they conduct their investigations in a fair, effective and therefore ethical manner. This paper draws on Cultural Schema Theory to illustrate how this could be achieved. The justice system is reliant upon the skills and knowledge of the police, therefore, this paper highlights the need for research to focus on the linguistic and non-verbal differences between Australian Aboriginal English and Australian Standard English in order to develop techniques to facilitate effective communication.
Crime, Justice and Social Democracy: 2nd International Conference
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Dr Patricia Rawlinson, Monash University
‘Vile’ Bodies, Violence and the State
For centuries, the body has served as a metaphor for the state, as in the ‘body politic’, the ‘head’ of state, and reference to the various roles played by different parts of the political body as described by Hobbes in Leviathan. In turn, war and military metaphors have long been used to describe how the body resists or succumbs to disease as well as the modes of protecting and treating it. Viruses are ‘foreign invaders’, governments ‘stockpile’ vaccines, those who refuse immunisation are ‘conscientious objectors’. The fusion of politics and corporeality through metaphor has taken a more decisive turn with the increasing medicalisation of society, in which a more literal sense of the relationship between the state and the body is apparent. Health and state security constantly intersect. Political responses to the protection of the body of the state and the bodies of its citizens are ever tightly interwoven. This mixing of metaphor and reality showed its dark side in the atrocities committed under the Third Reich and the need to eradicate disease and its constructed human representations. The paper looks at the dangers raised by the current, and apparently innocuous, conflation of the body with politics, arguing that this assimilation has the potential, and is already witness to, the erosion of human rights and individual freedoms. Employing Foucault’s concept of biopower and Esposito’s work on immunity and violence it argues that as public health is drawn increasingly into the arena of securitisation, the authoritarian impulses that have curtailed rights and liberties in the fight against threats such as terrorism and the punitive responses against those seen as a risk to political stability, are now operating on a micro-scale in relation to the autonomy and safety of individual bodies, leaving a trail of suffering and injustice in their wake on a potentially devastating scale.
Dr Kelly Richards, Queensland University of Technology; Samantha Lyneham, Australian Institute of Criminology
Delilah’s Story: An Empirical Study Demonstrating the Role of Partner Migration in Human Trafficking into Australia
This paper will present selected findings from Australia’s first empirical study on victim/survivors of human trafficking. The research, undertaken by the Australian Institute of Criminology, examined the role of partner migration in human trafficking into Australia. The research was a mixed methods study, involving analysis of quantitative data from the Department of Immigration and Citizenship (DIAC), in-depth qualitative interviews with eight victim/survivors of human trafficking or related exploitation, qualitative interviews with stakeholders (including government and nongovernment stakeholders working in human trafficking and related areas), and analysis of the victim/survivors’ case files. This paper, presented by a lead researcher on the project, will use one of the victim/survivors’ stories as a case study to demonstrate the potential role of partner migration in human trafficking. It will also highlight some of the misperceptions about human trafficking that the empirical data collected for the study challenge.
Dr Michael Roguski, Kaitiaki Research and Evaluation; Hon. Robyn Kippenberger, Royal New Zealand Society for the Prevention of Cruelty to Animals; Heather Henare, National Collective of Independent Women’s Refuges
Pets as Pawns: The Co-existence of Animal Cruelty and Family Violence
Family violence remains a hidden phenomenon. In part, this can be attributed to a range of structural inequities arising from the, often, gendered nature of family violence and a dominant discourse that positions the family as private; operating under the direction of patriarchal frameworks. The outcome of these inequities is the continued silencing of victims through societal inaction and victims reluctance to report. In this vein, one precursor to family violence is its normalisation. This presentation has a three-pronged focus. First, the results of a recent study on the co-existence of animal cruelty and family violence are presented. The study used a mixed method approach to explore the incidence of animal abuse as a tool of power and control within a family violence context. These findings are important as the identification of the prevalence and nature of animal abuse goes someway in combating the normalisation of one component of family violence. Next, the participatory model is discussed as underpinning each phase of the project. A participatory approach was vital to the project’s inception, development, participant recruitment, survey administration and the contextualised interpretation of the findings. Finally, various policy and operational outcomes arising from the research are discussed. Again, these outcomes would not have been possible outside of a reliance on a participatory methodology.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Dr Meredith Rossner, University of Western Sydney; Dr Jasmine Bruce, UNSW
A Cohesive or Divisive Ritual? Restorative Justice Conferencing for Adult Offenders
Restorative justice conferences can function as social democratic rituals of inclusion, bringing offenders, victims and communities together for a common purpose to hold offenders accountable and provide reparations to victims. On the other hand, critics warn they can disempower participants and act as punitive rituals of degradation. Based on findings from an in-depth study of conferencing for adults, this paper explores how restorative justice conferences can create feelings of cohesion or division in the early stages of a conference. This can set in place a sequence of emotional events leading to different emotional outcomes, ranging from positive feelings of goodwill and restoration, to drained energy and boredom, to acrimonious division. We conclude by reflecting on what can be realistically achieved when such justice innovations are located against a backdrop of contemporary justice institutions and court practices.
Elizabeth Rowe, Queensland University of Technology
Construction of Asylum Seekers and Refugees in Australian Political Discourse: Analysis of Parliamentary Debates on the Malaysia Deal
Immigration to Australia has long been the focus of negative political interest. In recent times, the proposal of exclusionary policies such as the Malaysia Deal in 2011 has fuelled further debate. In these debates, asylum seekers and refugees are often described as ‘illegal’, ‘queue jumpers’, and ‘boat people’. This paper investigates how asylum seekers and refugees have been constructed in the political discourse during debates surrounding the Malaysia Deal in the Federal Parliament of Australia in 2011. Hansard of Parliamentary debates was analysed to identify the underlying themes and constructions that permeate political discourse about asylum seekers and refugees. This paper argues that a dichotomous characterisation of legitimacy pervades the political construction of asylum seekers and refugees. Specifically, this group of people are either constructed as legitimate humanitarian refugees or illegitimate ‘boat arrivals’. These constructions result in the misrepresentation of asylum seekers as illegitimate, undermining their right to protection under Australia’s laws and international obligations. This construction also represents a shift in federal political discourse from constructing asylum seekers as a border or security threat, towards an increasing preoccupation with the categorisation of people as legitimate, or illegitimate.
Dr Emma Ryan, Independent researcher, Melbourne
Policing with Conducted Energy Weapons in Australia: An Examination of Policy and Practice
This paper presents the findings of doctoral research examining the use of Conducted Energy Weapons (CEWs) by police in Australia. Key issues identified include the overreliance by police on information provided by the weapon’s manufacturer and the degree of disparity evident in CEW policies and procedures across Australian jurisdictions. For example, reporting requirements and oversight arrangements differ from state to state, as do warnings provided to operational police about use against vulnerable people and other dangers associated with CEWs. To date, the Australian experience of being policed with CEWs shows patterns of use that replicate problems evident in international jurisdictions, specifically the overrepresentation of Indigenous and mentally ill people amongst those who are subjected to the weapon. In addition, coronial inquests in different states reflect inconsistent understandings amongst forensic experts about possible links between CEWs and fatalities. While knowledge about the physiological impacts of CEWs is incomplete at best, our knowledge of the social impacts is even more so. If used too widely, it will be argued that CEWs have the capacity to seriously undermine the relationship between police and the communities they serve, especially vulnerable communities, with concomitant impacts on social democracy. After outlining several case studies to illustrate this argument, the paper will suggest that developing national guidelines for CEW use could provide an extra layer of accountability for police by benchmarking national best practice principles in Australia. Guidelines could also provide much needed and deserved information for communities about the reasonable use of CEWs by police. It will further suggest that active oversight of the use of these weapons is essential in order to avoid the now common phenomena of ‘mission creep’.
Dr Michael Salter, University of Western Sydney
Justice and Revenge in Online Counter-Publics: Emerging Responses to Sexual Violence in the Age of Social Media
This paper is concerned with the impact of online technologies on public representations of sexual violence. Drawing on Habermas’ (1969) theories of the public sphere and Fraser’s (1990) associated critiques, it argues that the Internet has become host to ‘counter-publics’ in which allegations of sexual violence are being received, discussed and acted upon in ways contrary to established social and legal norms. The potentialities of online technology (and social media in particular) to foster and disseminate counter-hegemonic discourses are examined through three case studies in which girls and women have used various online platforms to make extra- judicial allegations of sexual violence and abuse. Where alleged perpetrators of sexual violence are publicly named, it has been argued that such action represents an invasion of their privacy and a subversion of their right to the presumption of innocence and a fair trial. In online contexts such allegations can be received and understood very differently, and these understandings are then circulated in ways that can directly influence ‘old media’ coverage and court outcomes. However as the paper notes the principles upon which online counter-publics operate are not radically discontinuous with those of the hegemonic public sphere and not all girls and women have equal access to the support of online networks and activists.
Crime, Justice and Social Democracy: 2nd International Conference
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Dr Gabriella Sanchez,Monash University
Women’s Experiences as Human Smugglers in the U.S. Southwest
This presentation provides the initial results of fieldwork conducted among women who participate in the human smuggling market in Phoenix, Arizona. Its contributions are twofold: first, unlike other studies on smuggling which draw from the experiences of those who rely on this underground-economy service to fulfil their border crossing needs, the project relies on the voices of human smugglers to explain the social dynamics of their operations. Secondly, while typically described as a male-dominated activity, successful human smuggling operations also depend on a series of fundamental activities performed by women. Female smugglers have in fact developed a highly specialised niche in the market relying on social perceptions of women as nurturing and caring, which are much sought-after traits in the highly precarious environment of irregular border crossings. The presentation relies on personal narratives which underscore the challenges faced by women in smuggling, particularly when it comes to issues related to family, childcare, and legal sanctions in the event of detection, arrest and conviction.
Dr Emily Schindeler, Griffith University
Workplace Violence – Engaging Criminology in the Discussion
There is a growing body of research centred on identifying the prevalence, antecedents and impacts of interpersonal violence within the workplace. Contributions have been made by sociologists, psychologists, organisational behaviourists and management functionalists. However there has been a paucity of attention by criminology theorists or empiricists despite the well documented costs of such violence on victims and bystanders as well organisations and health and welfare services. Given the questionable effectiveness of the strategies employed by regulators or regulation to achieve sustainable results from prevention or intervention, it is timely to consider alternative perspectives and theoretical frameworks. It is argued that viewing this form of violence from such perspectives as neutralisation, guardianship and restorative justice offers opportunities to introduce new streams of research and to better inform strategies for prevention and intervention. This paper will provide an explanation as to why this gap in the application of criminological theory has occurred, why workplace violence is deserving of greater recognition within criminology and point to important future directions for research.
Dr Claire Spivakovsky, Monash University
The ‘Infallible’ Science of Offending Behaviour: Embedding an Age-old Construction of the Offender in Contemporary Penal Practice
Almost since the birth of criminology, the figure of the offender has appeared in one form or another as a figure in deficit; as the proper object of penal or correctional science. It is therefore not surprising that when we turn our attention to contemporary literature on offender rehabilitation, and in particular the emergence of the Risk-Need-Responsivity Model, we are presented with yet another image of this innately deficient figure. This paper will illustrate how, despite its history, the image of the innately deficient offender has garnered a capacity to appear new, ground-breaking, invigorating and administratively appealing in contemporary practice. The paper will trace how this age-old figure of the offender has been disguised through modern discourses of risk and anti-social behaviour, and transformed through an array of rituals embedded in modern penal practice. The paper will also reflect on how these developments have enabled this age-old figure to be presented as uniformly applicable, regardless of age, gender or ethnicity.
Nigel Stobbs, Queenland University of Technology
Why be Healthy When You Can be Normal? Normative Adversarialism Keeps Us Sick
The adversarial paradigm is grounded in a long-established political and economic liberal worldview. This worldview, heralded by Fukuyama as ‘the end of history’, manifests itself in the legal system as a normative adversarialism — with an assumption that contests are normal and necessary models of social organisation. The liberal political order, with its almost exclusive focus on the rights and liberties of the individual as the benchmark for human flourishing, is seen as the most natural for human societies. Within this worldview, some scholars argue that legal adversarialism and a culture of conflict have become seen as not only endemic but as paradigmatic, to the extent that to question them is to attack the very core of modern liberal society. Some, such as Zizek, even suggest that a culture which embraces an adversarial social and political ethos can exclude dissenting views to the extent that the culture itself is doomed to fail. In that context, some critics see the therapeutic jurisprudence movement as ‘profoundly dangerous’ and that it threatens the rejection of ‘fundamental constitutional principles that have protected us for 200 years.’ These critics are, of course, correct. Therapeutic jurisprudence represents, not just a tinkering with the edges of legal practice and procedure, but a mortal threat to adversarialism and the liberal worldview - an adversarialism that has kept civil society sick and adrift on a sea of juristic paradigms for centuries. It represents an alternative worldview which threatens the existing political and social order. This paper explains why this creates great fear for both the advocates of, and opponents of, therapeutic jurisprudence.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Professor David Tait, University of Western Sydney; Mythily Meher, University of Western Sydney
Jury Democracy and Commonsense Justice: The Racial Coding of Sydney Railway Stations in a Mock Terrorism Trial
‘Democratic’ jury deliberation can be understood as rational debate between citizens committed to finding the truth, or conversely as social interaction in which respect and recognition of others may produce group solidarity. When jurors focus on seemingly irrelevant issues that strengthen group rapport, is this evidence of a rejection of rationality, and a sign that lay juries are a threat to the notion of a fair trial? This claim is tested, using deliberation data from 12 juries in a mock terrorism trial held in Sydney’s King St courts. The accused was charged with placing a bomb on a train, getting off at Wynyard before the bomb went off at Redfern. Jurors explored the meaning of the railway stations involved in the story, matters that were not mentioned in the trial. This paper explores the way seemingly irrelevant jury discussions may contribute not just to enhancing social cohesion but to testing the credibility of witnesses and the reliability of evidence.
Dr Gordon Tait, Queensland University of Technology; Professor Belinda Carpenter, Queensland University of Technology
Regulating Bereavement: Inquests, Family Pressure and the Gate Keeping of Suicide Statistics
The coronial inquest, premised as it is on an inquisitorial fact finding mission rather than an adversarial allocation of blame, offers an opportunity to explore how the relationship between the Coroner and the victims’ family develops over the course of a death investigation, and how this impacts on the court outcome when police investigations indicate suicide as the cause of death. This study of British Coronial practice raises a number of questions, not only regarding state investigations of suicide, but also of the role of the Coroner itself. Following in-depth interviews with six Coroners, and observations at over 20 inquests into suspected suicides, three issues emerged: first, there exists considerable slippage between different Coroners over which deaths are likely to be classified as suicide; second, the high standard of proof required, and the immense pressure faced by Coroners from family members at inquest to reach any verdict other than suicide, can significantly depress likely suicide rates; and finally, Coroners feel no professional obligation, individually or collectively, to contribute to the production of consistent and useful social data regarding suicide—arguably rendering comparative suicide statistics relatively worthless. These issues lead, ultimately, to a more important question about the role we expect Coroners to play within social governance, and within an effective, contemporary democracy.
Bence Takacs, AUT University
Maori and Romani Juvenile Justice – Community-based Approaches and Responses from Different Justice Systems
The over-representation of some minority ethnic groups in the criminal justice systems is a substantial social problem throughout Europe and New Zealand. Comparative studies between different Indigenous Peoples are frequent, but almost non-existent is comparative research between Indigenous and other disadvantaged ethnic minority peoples, such as the Romani peoples of Europe. A number of research studies suggest that the existing juvenile justice systems are not appropriately addressing the challenge of the ethnically aggravated social problems that are recurrent amongst juvenile offenders. Nevertheless, it is widely accepted that the most effective social interventions can be implemented regarding the juveniles. In this paper, I will argue that community involvement and community capacity in social cohesion and conflict resolution is one of the key issues for contemporary societies including the criminal and juvenile justice systems. Key subjects of the paper are the community juvenile justice capability (including Mäori and Romani traditional justice institutions and methods) to be more efficient in responding to deviancy than the conventional punitive justice approach; the possible outcomes and limitations of such community-based processes; and the engagement of the community in the procedure of forming and conforming social standards for the youth members of ethnic minorities. The research output includes how community-based organisations practice a greater cultural understanding both within their organisations and when working with the public, and how community-based organisations can reduce discriminative attitudes and socioeconomic inequities through empowerment and dialogue. The paper explores systemic factors affecting attitudes towards alternatives to conventional criminal justice among policy- makers, juvenile justice stakeholders and community organisations in New Zealand and Hungary. Another key question the paper seeks to address is how social problems can be addressed without victimising and ethnicising social groups in ways that overemphasize marginality. Also significant issue that how could problems of race be addressed in state institutions those strenuously resist acknowledging the possibility of their own corruption by race factors.
Crime, Justice and Social Democracy: 2nd International Conference
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Dr Vearumun Tarhule, Benue State University
The Effectiveness of the Sentence of Imprisonment in Nigeria
The Nigerian Criminal justice system has made provisions for a variety of modes of treating offenders upon conviction; one of them being the sentence of ‘imprisonment’. Statistics indicate that the sentence of imprisonment is the most frequently resorted to in Nigeria. Prisons are conceived as correctional institutions, and many jurisdictions have already imbibed this philosophy while others, yet to adopt it, are fast changing to it. In Nigeria, available data reveal that most persons sentenced to imprisonment are having a raw time as the prisons are characterized by congestion, poor feeding, lack of vocational training, and, can at best, be described as ‘prisons of horrors’. Fired by the smouldering desire to assuage the quandary of these prisoners, this paper, adopting the doctrinal method of research, examines the efficacy of the sentence in a democratic regime and a changing world. the paper discovered that the Nigerian prisons are not run on internationally acceptable standards and in particular; do not comply with the United nations Standard Minimum Rules for the Treatment of Prisoners. The repercussions are obvious; the Nigerian prisoner comes out from prison worse off than when he went in; large scale recidivism, and an astronomical rise in criminality. The paper advocates privatization of prisons; the resort to other alternatives to imprisonment (especially non custodial options); and the religious adoption and implementation of the United nations Standard Minimum Rules for the Treatment of Prisoners.
Juan Tauri, Queensland University of Technology
Criminological Research and Institutional Ethics Protocols: Empowering the Indigenous Other or the Academy?
Due to recent Indigenous critique, most ethics protocols in settler society academic institutions contain a sub-section that encourages criminological researchers to utilise culturally appropriate practices when researching the Indigenous Other. Drawing on experience of institutional ethics processes and engagement with Indigenous academics and practitioners, the presenter will argue that through the neo-colonial practice of privileging standardised, Eurocentric-based ethics protocols over those developed by the Indigenous Other, the gatekeepers of research ethics in New Zealand and other Settler Societies are party to the attempted annihilation of Indigenous research and knowledge construction techniques. Or to put it more bluntly, the veneer of Eurocentric institutional processes may appear ‘ethical’, while the experience for Indigenous researchers and Indigenous research participants is often no less disempowering and ‘colonial’ than before the supposed Western ethics revolution.
Mark Thomas, Queensland University of Technology
Panem et Circenses: Law, Law and Power in the Hunger Games
Like many a ‘cautionary tale’, The Hunger Games takes as its major premise an acute observation about contemporary society, measuring the ballistic arc or trajectory of such practice in order to present graphically the logical extrapolation of that which is observed. The Hunger Games gazes backwards to Juvenal’s encapsulation of the cultural and political poverty of Rome, sated by panem et circenses, and stares equally cynically forward, following the cultural trajectory of reality television to its logical, if unbearably barbaric, end point … no more than a sadistic voyeurism for an effete elite of consumers. At each end of the historical spectrum (and in the present), the prevailing social form is Arendt’s animal laborens. Consumer or consumed, Panem’s population is (with the exception of the innermost authorities) either deprived of the possibility of, or distracted from, political action. Within the confines of the Games themselves, Law is abandoned or ‘de-realised’: Law an elided Other in the pseudo-Hobbesian nightmare that is the game itself The Games are played out, as were gladiatorial combats and other diversions of the Roman Empire, against a background resonant of Juvenal’s concern for his contemporaries’ attachment to frivolous short term gratification at the expense the civic virtues of justice and caring which are (or would be) constitutive of a contemporary form of Arendt’s homo politicus. But while the Games are, on their face, ‘reality’ they are (as indeed the realities presented in contemporary reality television are) a simulated reality, de- realised into a panoptic Foucauldian set design – constructed as an entertainment and distraction for the largely unseen audience of Capitol, and for the residents of the Districts, a constant reminder of their subservience to Capitol. Yet contemporary Western culture, for which manipulative reality TV forms but of symptom of its underlying malaise, is inscribed at least as an incipient or embryonic Panem, its public/political space diminished by the effective slavery of the poor, the pre-occupation with and distractions of materiality and modern media,
Professor Stephen Tomsen, University of Western Sydney
Violence and the Everyday Masculinities of Young Australian Men
This presentation will discuss the aims and results of a current focus group study that is examining the significance of violence in the lives of young men. Its key focus is comparison between the experience of interpersonal violence in a range of social relations and cultural pursuits. The violence perpetrated by men and boys is a major social problem. Contemporary criminology reiterates the destructive link between criminality and maleness – often around typologies of hegemonic and protest masculinities. Nevertheless, research results suggest contingent, uncertain and nuanced links with forms of masculinity and an individual variation that remains problematic for deterministic categorising in a wider structuralist model. The young men under study have mixed, reasoned and irrational commitments to different forms of violence (attacks on women, male on male bullying and assaults, hate crimes etc.), and regular patterns of masculine disengagement and restraint that need further examination and understanding.
Crime and Justice Research Centre, Faculty of Law, Queensland University of Technology
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Professor Hilda Tubex, University of Western Australia
The Revival of Comparative Criminology in a Globalised World
While Downes (2011) rightly points out that criminology was born comparative, this comparative focus seems to have been lost until the late twentieth century. A waning belief in the post war welfare state, rising crime rates and increasing prison populations have altered this. Over the last two decades, comparative penological research has been studying various dimensions of punitiveness. Therefore, it is timely to critically examine the extent to which the current evidence is capable of explaining convergences and divergences in penal practice. Important in this respect is to test the validity of the global explanatory models against the situation in countries that appear to resist the dominant trend, such as the Netherlands and Canada, but also by comparing autonomous jurisdictions in one country, as, for example, the differences in imprisonment rates between states and territories within Australia. Further, regardless this wealth of contemporary comparative research, some questions and issues have not been resolved yet and are subject for further analysis. Finally we discuss new directions in explaining penal policies and possible optimistic signs for penal reform in the future.
Dr Danielle Tyson, Monash University; Dr Amy Dobson, Monash University; Professor Mary Louise Rasmussen, Monash University
Youth, Mobile Technologies and Gender Politics: Young People’s Beliefs about Gender and Ethical Use of Communications Technologies
This paper presents preliminary findings from a study that seeks to better understand gender politics in high school communities in relation to young people’s heavy engagement with mobile communication devices and social network sites. The project investigates young people’s framing of gender norms, and identifies possible gendered issues or inequities in young people’s talk about mediated communication (through the internet, on mobile phones and social network sites) between peers. It also explores young people’s perceptions of ethical and non- ethical uses of communication technologies. The aim is to identify the kinds of discourses and underlying assumptions about males and females, and masculinity and femininity that circulate in school communities in relation to communication technology use. The study has the potential to contribute to improving educational approaches and government campaigns that respond to issues of cyber-safety and ethical technology use among young people.
Alexander Updegrove, Marymount University
Why Restorative Justice is the Only Moral Option
This paper argues justice presupposes each individual is in an interdependent relationship with the larger community, and utilises a mathematical understanding of this relationship to demonstrate that restorative justice is the only moral response to crime. According to this mathematical model of justice, each interaction between an individual and their community is its own equation where the action taken by the individual occupies the left side of the equation and the action taken by the community towards that individual occupies the right side of the equation. Justice is said to have taken place when the individual’s action towards the community equals the community’s action towards the individual. In this model, moral actions taken are indicated by adding a positive value and immoral actions taken are represented by adding a negative value. An individual committing a crime creates the equation ‘-X = O’ (where X is the specific severity of the crime), because they acted immorally towards the community and the community has yet to respond (represented by the zero value on the right side of the equation). Retributive justice proposes that the community treat the offender in as similar a manner as possible to how they treated their victim, which is best represented by adding ‘-X’ to the right side of the equation so that ‘-X = -X’. This is problematic; however, because while justice has occurred (the equation is balanced), establishing that justice required the community to treat the offender immorally. Employing a restorative justice model, on the other hand, involves the offender taking positive actions towards the community until they have effectively cancelled out the consequences of their immoral action (represented by adding ‘+X’ to the left side of the equation so that ‘+X - X = 0’). Therefore, according to this mathematical model, restorative justice is the only moral way to establish justice. Keywords Death penalty, retributive justice, deterrence, rehabilitation; restorative justice
Professor Reece Walters, Queensland University of Technology; Sophie Williams, Queensland University of Technology
Ecocide and the Great Barrier Reef
The Great Barrier Reef is one of the Seven Natural Wonders of the World and the first coral ecosystem to be listed as a World Heritage site. It is a unique ecological paradise stretching 2600 kilometres and providing habitats for thousands of species of marine fauna and flora. In addition to its immeasurable and unknown ecological value, it provides vital cultural, economic and social significance for indigenous hunting and spirituality, tourism and fishing. It has been widely reported that the Reef’s integrity has in recent years been compromised by ‘natural events’ such as storms, bleaching and starfish. However, little attention has been paid to the deleterious actions of commercial farming and corporate mining. This paper critiques the regulatory and conservation policies installed to protect the Great Barrier Reef and examines the actions of state condoned agriculture and mining within a framework of ‘ecocide’ (South et al 2012).
Crime, Justice and Social Democracy: 2nd International Conference
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Professor Rob Watts, RMIT University
Of Fictions and Wicked Problems: A Critical Criminology Project in a Neo-liberal Era
Australia, the USA and the UK are now producing high levels of social inequality and disadvantage forcing even the OECD to acknowledge links between social inequality and a wide range of social problems (Wilkinson & Pickett 2009; OECD 2011). As social inequality has increased, governments wedded to a neo-liberal imaginary, talk up attacking ‘social exclusion’ and ‘social justice’ while simultaneously a) promoting fiscal and social policies which exacerbate social inequality and b) pursue tough law ‘n order policy agendas generating increased imprisonment rates (ABS 2012). A critical criminology will need to explain why contemporary ‘justice’ policies exhibiting all the signs of ‘risk crazed governance’ (Carlen 2010) are not only not working, but how this continues to be explained away. There are many ways to explain this caesura, like pointing to mainstream criminology’s ‘scientism’. While Foucauldian and poststructuralist critiques have targeted the ‘scientism’ of modernist criminology, these critiques have not been noticeably effective arguably because this critique has been ‘foreign’ to the intellectual traditions out of which Anglo-American criminology emerged. No such excuse is possible for the interest in the role played by fictions in the law and social life initiated by Jeremy Bentham in the 1770s. ‘Fictions’ refer either to ‘... a statement propounded with a complete or partial consciousness of its falsity, or ... a false statement recognized as having utility’(Fuller 1967). Because fictions play a central yet little understood role in the field of ‘modern criminology’ a ‘theory of fictions’ has much to offer to a critical criminology. The paper traces out the long-repressed work of Bentham (adumbrated by Vaihinger (1935) and Fuller (1967), as well as the implications of this theory of fictions for contemporary representations of crime and justice. Any progressive criminology needs to rehabilitate the proper role played by fictions as they grapple with the ‘wicked problems’ that currently populate this field. As Bentham and Vaihinger understood, fictions wisely used add immeasurably to our capacity to live and do well: misused they merely cause confusion and mischief.
Dr Robert Webb, University of Auckland
Regulating Indigenous Resistance
This paper offers a structural analysis to examine some of the complexities and issues in achieving social justice for Mäori through state justice forums and institutions in New Zealand. Examples over recent years are used to illustrate how Mäori rights under the Treaty of Waitangi are contested, defined and regulated by the state, in contrast to the aspirations of Mäori. This includes a discussion of the hearings to review Mäori rights to water, and the social control and regulation of self-determination practices by state criminal justice agencies.
Professor Rob WhiteRestorative Justice for Nonhuman Environmental Victims
Whose voices are heard in environmental court, how are they conveyed, and what does this mean for justice? This paper explores contentious issues relating to the introduction and use of restorative justice in regards to nonhuman environmental victims. It begins by discussing the emergence of restorative justice approaches in environmental courts. These courts are generally and increasingly moving toward problem-solving methods of conflict resolution. As part of this, restorative justice – with its emphasis on repairing harm, and bringing victims and offenders together – is starting to come to the fore as one form of judicial intervention. Key concerns of the paper include consideration of the limits and possibilities of restorative justice in conventional criminal justice matters (e.g., juvenile conferencing), how restorative justice is being conceptualised and operationalised within environmental courts, and how representation and remedies apply to the nonhuman environmental victim within a restorative justice framework. The paper questions whether the limitations of restorative justice in other legal spheres are also evident in the environmental domain, and provides a preliminary constructive critique of its possible contributions in addressing environmental harm.
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Dr William Wood, Griffith University
Wither the State, or the Rationalisation of Crime Control? Restorative Justice, Criminal Justice and the State in the 21st Century
The withering of the state was a concept used by Marx to describe the eventual obsolescence of the state as a coercive mechanism of social control. Rationalisation, on the other hand, refers to Max Weber’s well-known typology of social action, where organisations such as the state are less likely to wither away as more rationally-calculated responses to the failings of complex organization create more sophisticated bureaucracies. These differing perspectives on the state are useful in conceptualising the relationships between restorative justice and the state over the last three decades. Often critical of the coercive power of the state, and its ability to ‘usurp’ conflicts as property, restorative justice has gained legitimacy in part through criticisms of modern western criminal justice systems as unresponsive to victims, ineffective with offenders, and vested in their own perpetuation. Restorative justice has claimed to offer an ‘alternative’ to the ineffective and coercive forms of justice offered by the state. However, at the same time, restorative justice itself has become more institutionalised and more wedded to forms of state power and control. Moreover, while it has been critical of criminal justice systems, it has not been able to effectively articulate an alternative vision of the state or state practices that inform and drive such policies. For example, while critical of the rise in incarceration over the last three decades, restorative justice literature has said far less about how to effectively reduce prison populations. Nor has it had a significant amount to say about the types of people likely to end up in prison, the social inequalities of victimisation, and the stratification of collective efficacy. Following these developments, this paper argues that restorative justice faces significant practical and theoretical problems in the 21st century – most notably the ‘gap’ between its criticism of contemporary criminal justice practices and its largely ahistorical perspective of the state itself. As such, Weber’s view of the rationalisation of social action suggests that restorative justice may in fact serve to further the efficacy of state control apparatuses, particularly criminal justice practices.
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Crime, Justice and Social Democracy: 2nd International Conference
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Crime, Justice and Social Democracy: 2nd International Conference
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oldgovernment
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parliament house
central railway station
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brunswick street
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brisbanecity trainroute 1route 2route 3
businterchange taxi information cross river ferry
citycat
inner city ferrybuswaystation
publictoilet
ferrycitycat
goodwill bridge pedestrian walkriverwalk
Brisbane Visitor Information CentreQueen Street Mall H9
(between Albert & Edward Streets)
T 07 3006 6290 W visitbrisbane.com.au
Cultural & Historical SightsAnzac Square G9
Brisbane Powerhouse F20
City Hall & Museum of Brisbane H8
Commissariat Stores J8
Conrad Treasury Brisbane I8
Customs House F11
Institute of Modern Art C13
Judith Wright Centre of Contemporary Art C13
King George Square H8
Maritime Museum N10
MacArthur Museum G10
Old Government House K11
Old Windmill F8
Parliament House K10
Queensland Art Gallery (QAG) /
Gallery of Modern Art (GoMA) J6
Queensland Performing Arts Centre (QPAC) K7
Queensland Museum (Sciencentre) J6
State Library of Queensland I6
St Stephen’s Cathedral G10
St John’s Cathedral E10
Story Bridge E13
Dining & ShoppingBrunswick Street / Chinatown Malls B11
Eagle Street Pier H11
Emporium N/A
James Street B14
Little Stanley Street M8
Queen Street Mall H9
Gardens & Parks Brisbane Square I8
Captain Burke Park F12
City Botanic Gardens J11
New Farm Park F19
Roma Street Parkland E6
South Bank Parklands L8
Kangaroo Point Cliffs L13
TransportBrisbane Transit Centre G6
Central Railway Station G9
VenuesBrisbane Convention & Exhibition Centre L7
Suncorp Piazza L8
Suncorp Stadium G2
The Gabba O15
Hospitals / MedicalBrisbane Private Hospital F7
Mater Hospital (public & private) O11
Princess Alexandra Hospital N/A
Royal Brisbane Hospital (public) N/A
St Andrew’s Hospital (private) E7
Travellers Medical Service (gen.practice) H9
Accommodation Abbey Apartments G6
Allender Apartments F16
Annie’s Shandon Inn F8
Astor Apartments E8
Brisbane Backpackers Resort N4
Brisbane Marriott Hotel E11
Brisbane Riverside Hotel I5
Bunk Backpackers C11
Citigate King George Square Brisbane H8
City Palms Motel A9
City Star Motor Inn L14
Conrad Treasury Brisbane J9
Cosmo on Park Road K1
Dockside Central H14
Elephant & Wheelbarrow B11
Emporium Hotel NA
Explorers Inn H7
Hillcrest Central Apartments N11
Hilton Brisbane H9
Holiday Inn Brisbane G6
Hotel George Williams Brisbane H7
Hotel Grand Chancellor E7
Hotel Ibis Brisbane H7
Hotel Watermark Brisbane F9
Il Mondo Boutique Hotel G13
Kookaburra Inn D9
MacArthur Chambers G10
Medina Executive Brisbane D12
Mercure Hotel Brisbane I7
Metro Hotel Tower Mill F7
Metropolitan Motor Inn E8
Novotel Brisbane F9
Oaks 212 on Margaret I10
Oaks Felix H11
Oaks Lexicon Apartments E10
Oaks North Quay I7
Palace Backpackers Central G9
Palace Backpackers Embassy H10
Quay West Suites Brisbane J10
Quest River Park Central I10
Quest Spring Hill E8
Rendezvous Hotel Brisbane G9
Riverside Hotel J5
Rothbury on Ann Hotel F10
Royal Albert Hotel I9
Royal on the Park J10
Rydges South Bank Brisbane L7
Sapphire Resort M4
Saville Brisbane E11
Saville South Bank M9
Sebel Suites Brisbane I9
Sofitel Brisbane G8
Somewhere to Stay O5
Spring Hill Terraces B9
Stamford Plaza Brisbane I11
Summit Central Apartment Hotel E7
Terraces on Wickham F7
The Chifley at Lennons I8
The Docks on Goodwin G13
The Marque Hotel Brisbane J9
The Point I14
The Sebel King George Square Brisbane H8
Tinbilly Travellers G6
West End Central Apartment Hotel L4
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Conference DinnerGeorge’s Paragon Restaurant
Conference VenueQUT
Welcome ReceptionPlough Inn, South Bank
Crime and Justice Research Centre, Faculty of Law Queensland University of Technology
8–11 July 2013
Conference Program
www.crimejusticeconference.comwww.cjrc.qut.edu.au
Crime, Justice and Social Democracy:2nd International Conference
© QUT 2013 19647 CRICOS No.00213J
Twitter @CrimeJusticeQUTEmail [email protected]
19647 Crime and Justice Conf book cover.indd All Pages 21/05/13 12:23 PM