Gauging informed public opinion on sentencing sex offenders: a national study. Sex offences appear to attract the greatest community condemnation and desire to punish, particularly when involving predatory stranger rapists or when the victims are children. This national study aims to ascertain informed public opinion on sex offender sentencing by exploring the views of jurors in sex offence trials in all higher courts in Australia.
Using jurors to gauge informed public opinion on sentencing. Policy makers and judicial officers are under increasing pressure to respond to public opinion on sentencing issues and yet gauging public opinion on these issues is problematic. This project will use a new means of ascertaining informed public opinion on sentencing issues to better inform policy makers and judicial officers.
A comparative analysis of youth punishment in Australia and the United Kingdom. This project is a comparative Australian and United Kingdom investigation of penal policy and the punishment of juvenile offenders. The research analyses the changing approaches to juvenile incarceration, particularly in the context of perceived effects on crime and the substantial public and social costs of incarceration.
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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Interpreters in court: witness credibility with interpreted testimony. The study will improve access to justice for non-English speaking witnesses, testifying in court through an interpreter. It achieves this by taking advantage of new wireless technologies to transform the social and technological environment of the courtroom.
Indonesia's Constitutional Court: safeguarding democratic transition? This project analyses the Indonesian Constitutional Court's decisions in election-related cases. It examines the Court's role in maintaining democracy and, ultimately, the national unity of Indonesia. By explaining how Indonesian democracy 'works', this project will enhance Australia's economic, political and cultural engagement with Indonesia.
Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corrupt ....Indonesia’s Anti-Corruption Courts: Making or Breaking Governance Reform? This project plans to help policy-makers and the community to understand Indonesia’s new regional anti-corruption courts. Indonesia has notoriously high levels of public-sector corruption which are undermining Indonesia’s post-Soeharto governance reforms, eroding support for democracy and decentralisation, and threatening stability. Regional anti-corruption courts were established from 2011, ostensibly to help curb corruption. This project plans to examine how these courts operate and assess their effectiveness. Their performance is critical to the success of Indonesia’s broader governance reforms, including democratisation and decentralisation, which in turn help Indonesia sustain political stability and economic development, both of which affect the economic and security interests of Australia and the region.Read moreRead less
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
Asking the right questions: improving juror comprehension of judicial directions. Juror comprehension is fundamental to the role of juries in the criminal justice system. This project will comprehensively evaluate jurors' ability to comprehend both standard and modified judicial directions. Based on these results, 'model' processes for jury directions will be recommended, aimed at improving juror comprehension.
Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data ....Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data from the United States of America, this research examines whether judicial emotion and emotional display enhance or detract from judicial performance, considering impartiality and legitimacy of judicial authority. It aims to generate substantial new knowledge about judicial decision making and judicial behaviour.Read moreRead less