Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impa ....Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impact of Indigenous Reports on sentencing. This project seeks to improve sentencing processes and outcomes for Indigenous defendants by providing courts with reports that address personal and community circumstances of Indigenous women, provide relevant sentencing options and are accompanied with appropriate supports.Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of crimin ....Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of criminal laws and police powers concerned with presence in, and movement around public places. It will particularly focus on the impact on women, children and Indigenous peoples. The outcomes will seek to reduce the criminalisation of homeless people, by identifying law and policy reform options, and comparing their cost with that of 'business as usual'.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol ....Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol-related violence, public disorder and the activities of criminal groups. The intended outcome is new knowledge about the causes and effects of innovation in criminal law-making. This research can benefit future public debate, policy development and law reform decisions about the role of criminalisation in enhancing safety.Read moreRead less