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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Discovery Early Career Researcher Award - Grant ID: DE240101215
Funder
Australian Research Council
Funding Amount
$445,461.00
Summary
New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' ....New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' experiences of bail conditions and remand imprisonment. Expected outcomes include a new framework for conceptualising risk in the context of bail. This should bring significant benefits to policymakers and law reformers seeking to reduce imprisonment and its impacts on disadvantaged groups.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: DE210101865
Funder
Australian Research Council
Funding Amount
$447,798.00
Summary
Justice and Security Reform in North-western Pakistan. This project aims to investigate the post-conflict criminal justice reform program in formerly Federally Administered Tribal Areas (FATA) in north-western Pakistan. It will develop a new interdisciplinary framework for studying how three categories of cases—terrorism, narcotics smuggling, murder and cyclical violence—are being handled by the criminal justice system. Expected outcomes include enhanced understanding of the social, legal and in ....Justice and Security Reform in North-western Pakistan. This project aims to investigate the post-conflict criminal justice reform program in formerly Federally Administered Tribal Areas (FATA) in north-western Pakistan. It will develop a new interdisciplinary framework for studying how three categories of cases—terrorism, narcotics smuggling, murder and cyclical violence—are being handled by the criminal justice system. Expected outcomes include enhanced understanding of the social, legal and institutional factors impacting the prosecution of these crimes in former FATA. It will benefit Australian and international policymakers seeking to support the agenda to enhance state-building and rule of law reform in this region bordering Afghanistan.Read moreRead less
Justice in the Streets? Responses to Public Homelessness and Public Dissent. This project focuses on legal and social regulation of city streets, including the impact on the increasing numbers of Australians experiencing public homelessness or engaging in public protest. Typical legal and policy responses tend towards criminalisation, exclusion and surveillance; the consequences for affected individuals include intensified social stratification and disadvantage along with risks of involvement in ....Justice in the Streets? Responses to Public Homelessness and Public Dissent. This project focuses on legal and social regulation of city streets, including the impact on the increasing numbers of Australians experiencing public homelessness or engaging in public protest. Typical legal and policy responses tend towards criminalisation, exclusion and surveillance; the consequences for affected individuals include intensified social stratification and disadvantage along with risks of involvement in the criminal justice system. This project examines legal, social and municipal strategies regarding public homelessness and public protest and investigates their impact on individuals and groups affected. Expected benefits include proposals for ways of reforming law and policy to achieve ‘spatial justice’ in city streets.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL220100088
Funder
Australian Research Council
Funding Amount
$3,472,660.00
Summary
A First Nations Sovereign Approach to Decolonising Colonial Institutions. This Laureate Fellowship aims to fundamentally re-make Australia’s colonial legal institutions in order to remove the harm they currently do to Indigenous people and communities. It is well known that colonial legal institutions such as the criminal justice system, coronial processes and child protection systems continue to have significant negative impacts on First Nations Australians in the twenty-first century. Research ....A First Nations Sovereign Approach to Decolonising Colonial Institutions. This Laureate Fellowship aims to fundamentally re-make Australia’s colonial legal institutions in order to remove the harm they currently do to Indigenous people and communities. It is well known that colonial legal institutions such as the criminal justice system, coronial processes and child protection systems continue to have significant negative impacts on First Nations Australians in the twenty-first century. Researchers have not yet been able to answer the question of how we can best decolonise colonial legal systems. This project hypothesises that we can drive positive change by theorising and developing a coherent strengths-based self-determination model that is applicable across legal and regulatory sectors.Read moreRead less