-
The new coercive control offence in NSW: (how) will it work? Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-08-29 Helen Gibbon, Emma Buxton-Namisnyk
NSW has recently made using coercive and controlling behaviours in intimate partner relationships a criminal offence. The new offence commenced 1 July 2024. This paper considers the ‘purposes’ of t...
-
Intercepting family violence in covert police investigations: Considerations for police discretion and intervention Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-08-22 Gemma Hamilton, Joseph van Buuren
While the policing of domestic and family violence has gained attention, little focus has been placed on family violence within the context of covert policing. Given the link between family violenc...
-
Deaths during police apprehension and in police custodial detention Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-07-25 Ross Hendy
Australian deaths in custody are reported by the Australian Institute of Criminology’s National Deaths in Custody Program (NDICP). This metric includes deaths occurring in prison, police custody an...
-
Legal first responders: duty lawyers as an essential service Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-07-11 Ray Nickson, Alice Neikirk
The most vulnerable groups in Australia frequently experience acute, emergency legal need. Those needs are largely met by duty lawyers, providing immediate legal assistance in times of crisis. Yet ...
-
‘A storm is coming:' The New York Times coverage of the COVID-19 pandemic in American prisons Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-07-07 Katarzyna Celinska, Amina Cheboubi
In this research, we analyzed the content of 171 articles published between March and August 2020 in the New York Times (NYT) on COVID-19 in American correctional institutions. We observed that the...
-
The devil is in the detail: an evaluation of domestic violence evidence-in-chief in policing practice Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-07-06 Helen Simpson
Domestic and family violence (DFV) is a major contributor to the daily core work of law enforcement officers, and recent decades have not only seen enormous changes in the way they respond to DFV b...
-
Editorial Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-05-27 Colin King
Published in Current Issues in Criminal Justice (Vol. 36, No. 3, 2024)
-
Introduction to special issue on unmasking power in criminal law and justice Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-05-23 Penny Crofts, Elyse Methven
Published in Current Issues in Criminal Justice (Vol. 36, No. 2, 2024)
-
A review of arguments for raising the age of criminal responsibility Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-05-22 Janet Ransley, Tara Renae McGee, Renee Leilani, Carleen Thompson, Corrie Williams
This paper explores the policy debate in Queensland on raising the minimum age of criminal responsibility (MACR). The age currently remains at 10, despite reform in other Australian jurisdictions a...
-
Do Australian police engage in racial profiling? A method for identifying racial profiling in the absence of police data Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-05-13 Tamar Hopkins, Gordana Popovic
Expanding on a technique developed by Epp, C. R., Maynard-Moody, S., & Haider-Markel, D. (2014). Pulled over: How police stops define race and citizenship, this study develops a methodology for ide...
-
Prosecuting strangulation offences: understanding complainant withdrawal using a social entrapment lens Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-05-09 Heather Douglas, Robin Fitzgerald
In many countries, one of the central challenges to the successful prosecution of domestic violence offences is the complainant’s disengagement from the prosecution process. Withdrawal is particula...
-
The role of perpetrator interventions in acknowledging children as victim-survivors of domestic and family violence in their own right Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-05-02 Jasmine McGowan, Nicola Helps, Kate Fitz-Gibbon
Central to recent domestic and family violence policy and practice reforms at the national and state level in Australia, there has been increasing recognition of the need to build system responses ...
-
BA v The King and the law of home Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-29 Chris Martin
In BA v The King the High Court decided, by majority, that the offence of breaking and entering did not lie where a man kicked down a door and assaulted his former partner, because the man was stil...
-
Joint enterprise in England and Wales: why problems persist despite legal change Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-29 Susie Hulley, Tara Young
The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed ‘joint enterp...
-
Developments in DNA analysis and forensic procedures legislation: comparisons across Australian jurisdictions Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-29 Tersia Oosthuizen, Loene M. Howes, Rob White
Forensic procedures legislation guides the collection and analysis of forensic material, including DNA, and the establishment of DNA databases. It requires the balancing of several competing intere...
-
It might be powerful; but is it offensive? Unpacking judicial views on the c-word Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-25 Elyse Methven
The word cunt is the second most popular subject of offensive language charges and infringement notices in New South Wales, after fuck. While the latter word has been the subject of considered acad...
-
A life on hold: women, drugs, and electronically monitored parole in Thailand Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-25 Samantha Jeffries, Yodsawadi Thipphayamongkoludom, Chontit Chuenurah
The United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules) advocate for the increased use of non-custodial measures alongside w...
-
The Dreamworld deaths: corporate crime and the slumber of the law Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-22 Thalia Anthony, Penny Crofts
On Tuesday 25 October 2016, four people were killed on the popular Thunder River Rapids Ride (TRRR) at Dreamworld, Australia. Ardent Leisure Ltd pleaded guilty to three charges under section 32 of ...
-
Hashtag jurisprudence: Terror and legality on Twitter Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-18 Penny Crofts
Published in Current Issues in Criminal Justice (Vol. 36, No. 2, 2024)
-
Policing WorldPride: gatekeepers at the festival turnstiles Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-17 Vicki Sentas, Louise Boon-Kuo, Justin R. Ellis
The violent and contested overpolicing of LGBTQI+ communities at Sydney’s Gay and Lesbian Mardi Gras has a long and visible history which has been amplified through intensified drug policing over t...
-
Applicability and uses of the online environment in restorative mediation: towards a digital restorative justice? Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-04-15 Pablo Romero-Seseña
While the historical role of Information and Communication Technologies (ICTs) in restorative justice has been marginal, the paradigm has shifted notably since 2020, prompted by the exigencies of t...
-
The private harms of detention: why Serco’s violence is not criminalised Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-02-26 Louise Boon-Kuo
Immigration detention centres in Australia have been managed by corporations for the Commonwealth government for the last 25 years. Complaints of officers’ violence, including the use of tear gas a...
-
Welfare, justice, child development and human rights: a review of the objects of youth justice legislation in Australia Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-02-20 Catia Malvaso, Andrew Day, Katherine McLachlan, Rick Sarre, John Lynch, Rhiannon Pilkington
In Australia, as elsewhere, there is consensus that new and more effective ways of responding to young people who commit crimes need to be identified and, when available, implemented and evaluated....
-
Hyperincarceration and human rights abuses of First Nations children in juvenile detention in Queensland and the Northern Territory Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-02-04 Chloe Boffa, Anita Mackay
Hyperincarceration of First Nations peoples (both children in juvenile detention and adults in prisons) is a feature common to British settler colonial states. This article focuses on hyperincarcer...
-
Public perceptions of remote courts and equal access: who prefers remote video proceedings and why? Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-01-25 Nicole Lemire-Garlic, Adam Dunbar
The pivot to remote hearings and trials (‘remote courts’) during the COVID-19 pandemic amplified the ongoing debate about the equity and efficacy of court proceedings held over videoconferencing so...
-
Who’s watching Mr Big? Scenario operations and induced confessions Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-01-25 Michele Ruyters, Jarryd Bartle
Introduced in Australia in the late 1990s, the Mr Big investigative technique is a complex undercover police operation structured around a fictional criminal gang, which is created to build rapport...
-
Shattered Justice: Crime Victims’ Experiences with Wrongful Convictions and Exonerations Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-01-11 Tinneke Van Camp
Published in Current Issues in Criminal Justice (Ahead of Print, 2024)
-
Review: Social Justice for Children and Young People: International Perspectives Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-01-09 C. T. Langfield, H. Simpson
Published in Current Issues in Criminal Justice (Ahead of Print, 2024)
-
Unfitness to stand trial and the social model of disability: challenges for Latin American criminal justice Current Issues in Criminal Justice (IF 1.2) Pub Date : 2024-01-07 Ezequiel N. Mercurio, Diana Sheinbaum Lerner
The social model of disability has contributed important legislative modifications to civil law in several Latin American countries. Substitute decision-making regimes are being replaced by support...
-
Criminalising coercive control: challenges for the implementation of Northern Ireland’s domestic abuse offence Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-12-28 Paul McGorrery
Published in Current Issues in Criminal Justice (Ahead of Print, 2023)
-
The influence of neighbourhood disadvantage on charge dismissal: the case of drunk driving Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-12-26 Don Weatherburn, Boris Beranger
We use a sample of 78,160 cases involving adults who pleaded guilty to drunk driving in a New South Wales (NSW) court between 2014 and 2019 to assess the contribution of neighbourhood disadvantage ...
-
Harnessing media as a site of change: locating public engagement with stories about violence against women in Australia Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-12-21 Laura Vitis
Australian violence prevention policies have highlighted that media representations reinforce and challenge the public’s understanding of violence against women. Current primary prevention strategi...
-
‘At the end of the day I can say no’: self-control over methamphetamine use in Aotearoa-New Zealand Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-12-19 Trent Bax
As part of a qualitative-based study on the life-course of people in Aotearoa-New Zealand who formerly used methamphetamine, this paper utilises Ronel’s criminal spin theory to provide a phenomenol...
-
The Palgrave handbook of global rehabilitation in criminal justice Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-11-29 Lawrence Burke
Published in Current Issues in Criminal Justice (Ahead of Print, 2023)
-
‘Hacking the hackers’: reflections on state-implemented disruption as a ‘new model’ for cyber policing Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-11-15 Chad Whelan, James Martin
Following the most significant data breaches in Australia’s history, targeting Optus and Medibank, in November 2022 Australia’s Minster for Home Affairs and Cybersecurity Clare O’Neil announced ‘a ...
-
Raising the minimum age of criminal responsibility: lessons from the Scottish experience Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-10-25 Lesley McAra, Susan McVie
This paper explores the history of the reforms in Scotland which led up to the raising of the minimum age of criminal responsibility (MACR) in 2019, from age 8 to 12. It also showcases research evi...
-
A return to the 10 year rule? The deportation of convicted New Zealander long-term residents from Australia under Section 501 of the Migration Act Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-10-24 Rebecca Powell
This contemporary comment considers the consequences of the 2014 amendments to Section 501—the character test—of the Migration Act 1958 (Cth) and considerations of greater fairness, responsibility ...
-
Technology in the courtroom: challenges with presenting children’s evidence Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-09-11 Anna M. Kretowicz, Martine B. Powell
Legislation permits or requires the use of audio-visual recordings and closed-circuit television where child witnesses give evidence in certain matters. Since its introduction, problems with the te...
-
The profile of people entering the ‘EQUIPS’ offender treatment programs in New South Wales’ Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-09-06 Marlee Bower, Mark V. A. Howard, Lexine A. Stapinski, Michael F. Doyle, Nicola C. Newton, Emma L. Barrett
New South Wales has the largest population of incarcerated people in Australia, with increasing levels of community supervision. Corrective Services NSW offers eligible people the EQUIPS suite of o...
-
Romance baiting, cryptorom and ‘pig butchering’: an evolutionary step in romance fraud Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-09-04 Cassandra Cross
Romance fraud uses the guise of a genuine relationship to deceive a victim into transferring often large amounts of money to an offender/s. Romance fraud has been in the top three categories of fin...
-
Caregiver views on father-child contact in prison during the COVID-19 pandemic: implications for the use of video visits Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-09-01 Helen Taylor, Catherine Flynn, Susy Harrigan, Lorana Bartels, Susan Dennison
It is generally understood that visits to see incarcerated family members are good for children, families and those in prison. Much research has focused on the impact of prison visits on children a...
-
Technology-enabled prison visiting: learning from research and practice during the COVID-19 pandemic Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-30 Natalia Hanley, Catherine Flynn
Published in Current Issues in Criminal Justice (Vol. 35, No. 4, 2023)
-
Ghislaine Maxwell the triple threat: victim, abuser, traitor Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-28 Jaya Dadwal
The conviction of Ghislaine Maxwell on five counts of sex trafficking illuminated a wilful blind spot in sexual abuse discourse—the existence of women who perpetrate sex crimes. This article unpack...
-
Sentencing and the over-representation of people with cognitive disability in the Australian criminal justice system Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-20 Calum A. F. Henderson, Melissa Bull
People with Cognitive Disability (PWCD) are over-represented in Australian and International Criminal Justice Systems (CJS). Research has focused on the disadvantages experienced by PWCD which brin...
-
Shining light on an unspeakable crime: necrophilia and the need for legal reform Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-10 Anna Tippett
This article explores the current legal frameworks surrounding necrophilia in the United Kingdom. More specifically, it draws upon Aggrawal's [(2009). A new classification of necrophilia. Journal o...
-
The Intersections of Family Violence and Sexual Offending Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-10 Laura Stevens, Chloe Morris
Published in Current Issues in Criminal Justice (Vol. 36, No. 3, 2024)
-
Administering harm: the treatment of trans people in Australian criminal courts Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-03 Emma Genovese
In this paper, I argue that the administration of the criminal law by Australian courts causes harm to trans people that compounds with that already experienced. Specifically, court staff and judic...
-
Organised Crime and Law Enforcement: A Network Perspective Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-08-01 Mark Lauchs
Published in Current Issues in Criminal Justice (Vol. 36, No. 1, 2024)
-
A sharp decline in youth crime: reviewing trends in New Zealand’s youth offending rates between 1998 and 2019 Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-07-27 Liam Polglase, Ian Lambie
There is a paucity of research investigating New Zealand’s rates of youth offending. This study examines trends in youth offending data between 1998 and 2019, then compares these with the rate at w...
-
What can the development of video visitation in Australian correctional centres tell us about organisational transformation? Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-07-25 Natalia Hanley, Elisabeth Duursma, Amy Conley Wright, Helen Simpson
Correctional services are closed, complex bureaucratic organisations which are historically slow to embrace change. Yet, the COVID-19 pandemic catalysed a dramatic shift to widespread video visitat...
-
Victoria’s ‘vital new measure.’ School Community Safety Orders: procedural fairness, accountability, and the potential for heightened risk Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-07-20 Clare Farmer
This contemporary comment examines School Community Safety Orders (SCSOs). Introduced in 2022, these provisions permit principals in the Australian state of Victoria to ban adults from school premi...
-
Prisoners and their families in Argentina: navigating COVID-19 Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-06-22 Luciano Cadoni, Natalia Hanley, Catherine Flynn
In Argentina, the primary modes of contact between parents in prison and their children are contact visits and telephone calls. Prior to the pandemic, access to mobile telephones was limited and th...
-
Supporting formerly incarcerated people before and during COVID-19: is socially distanced (re)integration possible? Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-06-18 K. Kennedy, M. Martinovic, L. Sandy
ABSTRACT Returning to the community after being incarcerated brings many challenges. In Victoria, Australia, a government-funded contract with non-government organisations (NGOs) allocates reintegration workers to assist with the post-release social integration process. In 2020, we interviewed reintegration workers to explore how they performed their roles before and during the COVID-19 restrictions
-
Early versus late contact with the youth justice system: opportunities for prevention and diversion Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-06-01 Catia Malvaso, Michaela Magann, Pedro Henrique Ribeiro Santiago, Alicia Montgomerie, Paul Delfabbro, Andrew Day, Rhiannon Pilkington, John Lynch
Children who have ‘early contact’ with youth justice (YJ) are a group of significant policy interest. Understanding circumstances which precede or co-occur with YJ contact can support the developme...
-
Indigenous women and intimate partner homicide in Australia: confronting the impunity of policing failures Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-05-29 Kyllie Cripps
ABSTRACT In Australia, Indigenous women experience disproportionate levels of violence compared to others in our society. Recent, horrific examples of Indigenous women's deaths have come to light through coronial courts' public inquests. This article examined 151 Australian coronial court investigations and inquests over a 20-year period (2000-2020), analysing them thematically. The analysis highlighted
-
Supported remote video visits for children with incarcerated parents in the United States Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-05-24 Pajarita Charles, Julie Poehlmann, Margaret Kerr, Sarah Jensen, Kaitlyn Pritzl
The Enhanced Visits Model (EVM) provides support to families in the United States, including technology to connect remotely with incarcerated parents, funding for video visits, and visit coaching f...
-
Reforming Queensland’s police complaints system: recent inquiries and the prospects of a best practice model Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-05-24 Tim Prenzler, Michael Maguire
ABSTRACT This paper critiques three recent inquiries and recommended changes in practice around the management of complaints against police in the state of Queensland, Australia, with a view to advancing a best practice model internationally. A civilian oversight system, closely aligned to a ‘civilian control’ model, was introduced in Queensland as part of a reform program following the 1989 Fitzgerald
-
Information and communications technology access for people in prison: strategies to maximise the benefits and minimise the harms of communication with families and program workers Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-05-17 Aaron Hart
COVID-19 lockdowns accelerated the take up of video calls and other digital communication between people in prison and the outside world. This has altered relationships with families and practice w...
-
Perceived legitimacy or dull compulsion? Assessing why incarcerated offenders comply with correctional rules Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-05-08 Paul Oluwatosin Bello, Thabiso D. Matshaba
ABSTRACT Generally, research has shown that offenders’ compliance with correctional rules is motivated mainly by the belief that correction officers are legitimate and should be obeyed. There are also contentions that, in correctional settings with widespread violence and abuse, compliance may not necessarily be driven by the persuasion that correctional officers are legitimate but by feelings of endemic
-
The criminalisation of corporate psychopaths: a holistic inquiry Current Issues in Criminal Justice (IF 1.2) Pub Date : 2023-05-08 Luke Danagher
ABSTRACT The destructive harm caused by corporate psychopaths has become an area of considerable interest to medical professionals, lawyers and philosophers. This paper analyses contemporary research forwarded by these distinct groups in order to determine if, in light of current scientific knowledge on this mental disorder, corporate psychopaths can be held fully responsible for their crimes, and