The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families ....Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families. Expected outcomes for this project include an early warning detection tool to identify at-risk cases and overall improved accuracy in convictions. This will provide significant benefits, for criminal justice agencies, victims and accused individuals while positioning Australia as a world leader in the field.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE170100945
Funder
Australian Research Council
Funding Amount
$334,000.00
Summary
Improved interviewing framework in sexual assault cases. This project aims to provide a better interview framework to be used by police in the investigation and possible prosecution of sexual assault allegations. The current interview framework used around the world was not specifically designed for adult sexual assault complainants and has been intensely criticised. This project will design a revised interview framework that meets the complex investigative and evidential requirements for these ....Improved interviewing framework in sexual assault cases. This project aims to provide a better interview framework to be used by police in the investigation and possible prosecution of sexual assault allegations. The current interview framework used around the world was not specifically designed for adult sexual assault complainants and has been intensely criticised. This project will design a revised interview framework that meets the complex investigative and evidential requirements for these interviews. This is expected to increase just outcomes and victim satisfaction with the criminal justice response.Read moreRead less
Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-law.Read moreRead less
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
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
A whole system approach to improving child witnesses' particularisation of sexual abuse offences. To promote the wellbeing of children, this research aims to improve prosecution rates for child abuse offences through increasing the evidentiary value of children’s statements. The project will provide the foundation for practical reform to the way evidence is elicited and the various justice system factors that impact children's evidence.
Nothing works? Re-appraising research on Indigenous-focused crime and justice programs. Research on Indigenous-focused crime and justice programs often finds little or no impact on outcomes such as reductions in re-offending. This project aims to determine whether such findings are an accurate reflection of program ineffectiveness or are a consequence of how the research was carried out. With an analysis of three case studies of crime and justice programs, this project aims to show why findings ....Nothing works? Re-appraising research on Indigenous-focused crime and justice programs. Research on Indigenous-focused crime and justice programs often finds little or no impact on outcomes such as reductions in re-offending. This project aims to determine whether such findings are an accurate reflection of program ineffectiveness or are a consequence of how the research was carried out. With an analysis of three case studies of crime and justice programs, this project aims to show why findings that show no difference in re-offending outcomes may occur, and offer a more Indigenous-centric methodology to assess program effectiveness. Comparisons will be made with indigenous methodologies used in New Zealand and Canada.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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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