Current Issues in Criminal Justice最新文献_第9页

The most persistent rape myth? A qualitative study of ‘delay’ in complaint in Victorian rape trials 最持久的强奸迷思是什么?维多利亚强奸审判中投诉“延迟”的定性研究

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-12 DOI: 10.1080/10345329.2022.2090089

Julia Quilter, Luke McNamara, Melissa J. Porter

{"title":"The most persistent rape myth? A qualitative study of ‘delay’ in complaint in Victorian rape trials","authors":"Julia Quilter, Luke McNamara, Melissa J. Porter","doi":"10.1080/10345329.2022.2090089","DOIUrl":"https://doi.org/10.1080/10345329.2022.2090089","url":null,"abstract":"ABSTRACT One of the oldest myths to confound the achievement of justice for victims of sexual violence is that ‘genuine’ rape victims complain immediately, loudly and officially. Dismantling this myth—or at least banishing it from the court room—has been a high priority of the modern era of rape/sexual assault law reform. How successful has this attempt been? This article reports on the initial findings of a transcript analysis study of more than 30 rape trials finalised in the County Court of Victoria between 2013 and 2020. We discuss the multiple variations on ‘delay’ that continue to feature prominently in the cross-examination of complainants in rape trials. We also examine the operation of s 52 of the Jury Directions Act 2015 (Vic) which provides for a mandatory direction if, at any point during the trial, the judge considers that there is evidence suggestive of delay. Ostensibly one of the strongest corrective mechanisms currently operating in sexual offence trials in Australia, we discuss the unevenness of s 52’s operation, and consider the implications for reliance on jury directions more generally.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"4 - 26"},"PeriodicalIF":1.9,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42722354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Inspections, reviews, inquiries and recommendations pertaining to youth justice centres in New South Wales between 2015 and 2021 2015年至2021年期间对新南威尔士州青年司法中心的检查、审查、询问和建议

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-03 DOI: 10.1080/10345329.2022.2091207

G. Clancey, Laura Metcalfe

{"title":"Inspections, reviews, inquiries and recommendations pertaining to youth justice centres in New South Wales between 2015 and 2021","authors":"G. Clancey, Laura Metcalfe","doi":"10.1080/10345329.2022.2091207","DOIUrl":"https://doi.org/10.1080/10345329.2022.2091207","url":null,"abstract":"ABSTRACT It is widely recognised that there is a lack of analysis of criminal justice policy-making (and youth justice policy-making specifically) within the wider criminological project. To partially address the gap, this article focuses on one part of the dynamic and complex policy-making environment—reviews, inquiries and findings of oversight bodies between 2015 and 2021 relevant to youth detention in New South Wales (NSW). We estimate that the reports arising from these inquiries and reviews have generated approximately 1040 recommendations (approximately 590 relevant to Youth Justice NSW (YJNSW) broadly and 284 relevant to youth justice centres more specifically). The sheer volume of recommendations, some of which are very broad, raises questions about the ability of an agency, such as YJNSW, to implement them; about which recommendations might be prioritised; and how YJNSW might resolve conflicts between recommendations arising from different and often parallel processes. We suggest that, for the purposes of achieving the best outcomes for young people in custody, there might be greater merit in having fewer inquiries that deal with parts of youth detention and a coordinated and prioritised response to recommendations to address issues of youth detention.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"255 - 274"},"PeriodicalIF":1.9,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42464661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

They’re all good cases: Paul Byrne SC Memorial Lecture 22 June 2022 他们都是好案例:保罗·伯恩SC纪念讲座2022年6月22日

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-03 DOI: 10.1080/10345329.2022.2099640

The Honourable Justice Peter Hamill

引用次数: 0

What happens on the ice, stays on the ice: transgression and layered silence in Antarctica 发生在冰上的事情，停留在冰上：南极洲的海侵和分层沉默

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-03 DOI: 10.1080/10345329.2022.2051819

Rebecca Kaiser, Robert O. White

引用次数: 0

Policing, mental illness and media: the framing of mental health crisis encounters and police use of force 警务、精神疾病和媒体：心理健康危机遭遇和警察使用武力的框架

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-03 DOI: 10.1080/10345329.2022.2107777

Christopher Rudge

引用次数: 1

When ‘I did it’ is not enough: content analysis of remorse in sentencing remarks 当“我做了”是不够的：量刑言论中悔恨的内容分析

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-06-21 DOI: 10.1080/10345329.2022.2085953

M. Proeve, Tazin Tanvir

{"title":"When ‘I did it’ is not enough: content analysis of remorse in sentencing remarks","authors":"M. Proeve, Tazin Tanvir","doi":"10.1080/10345329.2022.2085953","DOIUrl":"https://doi.org/10.1080/10345329.2022.2085953","url":null,"abstract":"ABSTRACT Offender remorse is recognised in many legal jurisdictions as a factor that leads to mitigation of sentence. However, judges’ practice with regard to findings of remorse has been the subject of limited scholarly inquiry. We coded 262 sentencing remarks from the higher courts in South Australia using content analysis, to examine the frequency in which judges mentioned various pieces of evidence for remorse, the sources of evidence used and aspects of sentencing in which remorse was mentioned. Judges discussed remorse most frequently in relation to total sentence length and less frequently in relation to non-parole periods. There were no particular sources of evidence that judges used more frequently in their findings about remorse. Guilty pleas were frequent in those cases in which judges found remorse to be present, but guilty pleas were infrequent in those cases in which judges found remorse to be absent or not under consideration. Accepting responsibility, seeking help in relation to offending and making apologies appeared to be influential in finding remorse to be present, and lack of guilty plea appeared influential in finding against remorse. In order for judges to find that a defendant is remorseful, it may be important for a defendant to plead guilty and to show additional indications of remorse.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"291 - 306"},"PeriodicalIF":1.9,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46296121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Understanding developmental life-course theory for justice-involved girls and women residing in rural coercive sexual environments 了解生活在农村强迫性环境中的涉公女童和妇女的发展生命历程理论

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-06-21 DOI: 10.1080/10345329.2022.2086362

April N. Terry

{"title":"Understanding developmental life-course theory for justice-involved girls and women residing in rural coercive sexual environments","authors":"April N. Terry","doi":"10.1080/10345329.2022.2086362","DOIUrl":"https://doi.org/10.1080/10345329.2022.2086362","url":null,"abstract":"ABSTRACT Coercive sexual environments (CSE) spotlight spatial disadvantage and sexual exploitation of at-risk girls in the United States. While existing literature explores sexualised culture in rural places, little is known about rural CSEs. The current study folds a developmental life-course framework together with the CSE phenomenon and gendered pathways to assess rural communities’ responses to ‘difficult’ girls. Incarcerated girls and women, as well as community stakeholders from rural communities, were interviewed to assess the gendered pathways of delinquent girls. Findings confirmed girls (juveniles) and young women (adults) can identify overt and covert community (in)actions that ignore their abuses and criminalise their trauma. Within this study, 37.5% of the sample moved from the juvenile justice system to the adult criminal justice system, with all previously residing in non-urban locations. Evidence suggests traditional gendered norms influence the community's responses to girls in rural CSEs, which partially explains the abuse-to-prison pipeline and later involvement in the criminal justice system.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"401 - 417"},"PeriodicalIF":1.9,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46294938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Palgrave International Handbook of Youth Imprisonment 帕尔格雷夫国际青少年监禁手册

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-04-03 DOI: 10.1080/10345329.2022.2051820

Laura Metcalfe, Brenda Lin, G. Clancey

引用次数: 2

Towards human rights compliance in Australian prisons 促进澳大利亚监狱遵守人权

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-04-03 DOI: 10.1080/10345329.2022.2049467

R. Harding

引用次数: 0

An examination of implementation of special measures in child sexual assault trials and the problems that arise 审查儿童性侵犯审判中特别措施的执行情况和出现的问题

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-04-03 DOI: 10.1080/10345329.2022.2057106

Sarah L. Deck, Martine B. Powell, J. Goodman-Delahunty, Nina J Westera

{"title":"An examination of implementation of special measures in child sexual assault trials and the problems that arise","authors":"Sarah L. Deck, Martine B. Powell, J. Goodman-Delahunty, Nina J Westera","doi":"10.1080/10345329.2022.2057106","DOIUrl":"https://doi.org/10.1080/10345329.2022.2057106","url":null,"abstract":"ABSTRACT Giving evidence from the witness stand is often distressing for complainants of child sexual abuse. Technology-based special measures (eg, CCTV/AV link) enable complainants to give evidence from a location outside the courtroom, making the process less intimidating for complainants, which in turn enhances the quality of their evidence. Although the implementation of these measures has increased in prevalence over the preceding decades, little is known about the frequency and nature of problems that arise when special measures are utilised. In this study, we systematically coded transcripts from Australian child sexual assault trials to examine how (if at all) the implementation of special measures varied across child, adolescent and adult complainants. We also explored how often problems arose when special measures were used, and the nature of these problems. Our findings revealed that technology-based measures were regularly used for complainants in all age groups, but problems using these measures arose in the majority of trials. These results highlight the need for adequate training of professionals who are involved in operating special measures, as well as the need to outfit courts with appropriate equipment and facilities.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"188 - 206"},"PeriodicalIF":1.9,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44441195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0