Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.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.
Read moreRead less
Hate crime laws and justice. This project will investigate how the criminal law and justice system can provide an effective but even-handed response to the problem of prejudice-related crime. It will make recommendations to assist in the formulation of law in this area and advance scholarship on crime and punishment.
Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.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.
Read moreRead less
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.
Improving Legal Frameworks to Support Online Child Sex Abuse Prosecutions. This project aims to gain a deeper understanding of the nature and extent of online child sexual abuse prosecutions in Australia. Using empirical studies to draw on the practical experience of law enforcement and other stakeholders, it will generate new knowledge concerning the suitability of Australia's legal and policy frameworks to effectively investigate and prosecute such offences, with a particular focus on the Asia ....Improving Legal Frameworks to Support Online Child Sex Abuse Prosecutions. This project aims to gain a deeper understanding of the nature and extent of online child sexual abuse prosecutions in Australia. Using empirical studies to draw on the practical experience of law enforcement and other stakeholders, it will generate new knowledge concerning the suitability of Australia's legal and policy frameworks to effectively investigate and prosecute such offences, with a particular focus on the Asia-Pacific region and the use of new technologies. Expected outcomes include evidence-based recommendations on criminal law reform and enforcement policy that aim to improve the international enforcement of online child sexual abuse offences, and to provide a model for other forms of serious transnational online crime.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
Human identification, ancient DNA and genomics. This project aims to develop and apply a novel targeted sequence capture and high throughput DNA sequencing approach to simultaneously type thousands of informative identity, ancestry and phenotype markers in a single assay to facilitate identification of unknown suspects and missing persons. DNA based human identification is both critical and central to criminal and coronial investigations, disaster-victim and missing persons identification, repat ....Human identification, ancient DNA and genomics. This project aims to develop and apply a novel targeted sequence capture and high throughput DNA sequencing approach to simultaneously type thousands of informative identity, ancestry and phenotype markers in a single assay to facilitate identification of unknown suspects and missing persons. DNA based human identification is both critical and central to criminal and coronial investigations, disaster-victim and missing persons identification, repatriation of war dead and counter-terrorism operations. Persistent technological and conceptual issues associated with the application of standard procedures to trace degraded DNA, or when profiles have no match in DNA databases, limit their application to real-world human identification problems.Read moreRead less
Examining the impact of remand and the utility of bail risk assessments. Australia has experienced soaring incarceration rates, driven by the pre-trial detention of unsentenced people pending trial, not by rising crime rates. The decision to remand a person into custody pending trial has implications for public safety and individual rights. Although the impact of remand has gained increasing importance given adverse coronial findings, no studies have examined the mental health and justice impact ....Examining the impact of remand and the utility of bail risk assessments. Australia has experienced soaring incarceration rates, driven by the pre-trial detention of unsentenced people pending trial, not by rising crime rates. The decision to remand a person into custody pending trial has implications for public safety and individual rights. Although the impact of remand has gained increasing importance given adverse coronial findings, no studies have examined the mental health and justice impacts of remand. This project seeks to examine the effect of remand on future crime, justice outcomes, and mental health outcomes. This project will also examine the factors associated with bail decisions and develop mathematical models designed to accurately forecast bail release outcomes and reduce demographic disparities. Read moreRead less