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Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of crimin ....Criminalisation of poverty and homelessness in Australia: A national study. The project aims to assess the policing and enforcement of public order crimes and related offences (e.g. obstruct/disobey police, breach of bail, and minor property offences) on individuals experiencing poverty and homelessness. The project endeavours to collect and analyse qualitative data from across Australia on the lived experience of people who are homeless or at risk of homelessness, regarding the impact of criminal laws and police powers concerned with presence in, and movement around public places. It will particularly focus on the impact on women, children and Indigenous peoples. The outcomes will seek to reduce the criminalisation of homeless people, by identifying law and policy reform options, and comparing their cost with that of 'business as usual'.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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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
Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other trib ....Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other tribunals begin to design and implement reparation frameworks, it is a crucial time to define the essential elements for this ‘transformation.’ Of equal importance is determining the limits and potential of these institutions to use reparations to reduce sexual violence against women.Read moreRead less
Improving the communication of forensic science evidence to courts. Improving the communication of forensic science evidence to courts. The project aims to reduce the presentation of inaccurate and unscientific forensic science evidence to fact-finders by developing evidence-based recommendations for optimising accurate and effective communication between scientists and courts. The interdisciplinary approach, informed by law, cognitive and forensic science, aims to provide methods for expressing ....Improving the communication of forensic science evidence to courts. Improving the communication of forensic science evidence to courts. The project aims to reduce the presentation of inaccurate and unscientific forensic science evidence to fact-finders by developing evidence-based recommendations for optimising accurate and effective communication between scientists and courts. The interdisciplinary approach, informed by law, cognitive and forensic science, aims to provide methods for expressing opinions that meet stakeholder needs and can be implemented to improve the rectitude of criminal justice systems in Australia and around the world.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE140100183
Funder
Australian Research Council
Funding Amount
$393,161.00
Summary
Unravelling the Golden Thread: Presumption of innocence, fair trial, and lay belief change. It is not known how the presumption of innocence performs as a trial safeguard to protect the innocent accused. The aim of this project is to investigate lay formulations of the presumption and assess their impact on evidence interpretation and applications of the standard of proof. This project is significant because it will, for the very first time, provide robust empirical evidence regarding the extent ....Unravelling the Golden Thread: Presumption of innocence, fair trial, and lay belief change. It is not known how the presumption of innocence performs as a trial safeguard to protect the innocent accused. The aim of this project is to investigate lay formulations of the presumption and assess their impact on evidence interpretation and applications of the standard of proof. This project is significant because it will, for the very first time, provide robust empirical evidence regarding the extent to which the presumption is applied in a manner consistent with the fair trial values of adversarial criminal justice. The project will apply cognitive science methods and theories to the quantification of the presumption, providing necessary insights into the functioning of a vital safeguard against wrongful convictions.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less
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
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.
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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