Julie Stubbs

Homicide, Gender and Responsibility:

Publisher: Routledge

Date: 22-03-2016

DOI: 10.4324/9781315730981

Editorial

Publisher: SAGE Publications

Date: 12-2012

DOI: 10.1177/0004865812458052

Beyond apology?: Domestic violence and critical questions for restorative justice

Publisher: SAGE Publications

Date: 05-2007

DOI: 10.1177/1748895807075570

Abstract: The virtues claimed for restorative justice include its emotional engagement with crime and the opportunities afforded to participants by its discursive character. Yet these issues are rarely explored from a perspective that is attentive to gendered or other asymmetrical forms of social relations. This article explores key issues that remain under-developed in the restorative justice literature from a feminist perspective, taking domestic violence as a focus. Central to this analysis are questions of victims' interests and safety, expectations about the victim's role and the appeal to apology and forgiveness in much of the restorative justice literature. It is argued that the challenge of taking gendered harms seriously may require an approach that differs from common restorative justice practices such as the development of hybrid models that draw from both conventional criminal justice and restorative justice.

Battered women charged with homicide in Australia, Canada and New Zealand: How do they fare?

Publisher: SAGE Publications

Date: 12-2012

DOI: 10.1177/0004865812456855

Abstract: This article examines trends in the resolution of homicide cases involving battered women defendants from 2000 to 2010 in Australia, Canada and New Zealand. Australia and Canada appear to have some commonalities in their treatment of such cases with higher acquittal rates and a greater reliance on plea bargaining to produce manslaughter verdicts, as compared with New Zealand. Although New Zealand’s small number of cases makes it difficult to generalise, its overall trends appear to be different from those observed in Australia and Canada, in both the high proportion of cases proceeding to trial and those resulting in conviction for murder. The authors conclude that there is a need to re-examine prosecutorial practices of proceeding to trial on murder rather than manslaughter charges even when manslaughter would be ultimately satisfactory to the prosecution, and of accepting guilty pleas to manslaughter verdicts in circumstances where the battered woman appears to have a strong self-defence case.

Feminist engagement with restorative justice

Publisher: SAGE Publications

Date: 02-2006

DOI: 10.1177/1362480606059980

Abstract: We analyse five areas of feminist engagement with restorative justice (RJ): theories of justice the role of retribution in criminal justice studies of gender (and other social relations) in RJ processes the appropriateness of RJ for partner, sexual or family violence and the politics of race and gender in making justice claims. Feminist engagement has focused almost exclusively on the appropriateness of RJ for sexual, partner or family violence, but there is a need to broaden the focus. We identify a wider spectrum of theoretical, political and empirical problems for future feminist analysis of RJ.

Re-examining Bail and Remand for Young People in NSW

Publisher: SAGE Publications

Date: 11-2010

DOI: 10.1375/ACRI.43.3.485

Abstract: This article examines the substantial growth in the number of young people remanded in custody in New South Wales (NSW) and the increasing number of young people granted bail but unable to meet the conditions of bail. It points to the inadequacies of the Bail Act 1978 (NSW) for dealing with young people, and highlights the ways in which recent developments in law and practice and the politicisation of bail mark a substantial departure from the well-established purposes of bail and remand. It also identifies an agenda for future research concerning bail decision-making for young people.

Unravelling womens madness: Be yond positivism and constructivism and towards a material discursive intrapsychic approach

Publisher: Routledge-Cavendish

Date: 12-10-2012

DOI: 10.4324/9781843146063

Divergent directions in reforming legal responses to lethal violence

Publisher: SAGE Publications

Date: 12-2012

DOI: 10.1177/0004865812456853

Abstract: Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the ergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.

Restorative Justice, Gendered Violence, and Indigenous Women

Publisher: Oxford University PressNew York

Date: 14-10-2010

DOI: 10.1093/ACPROF:OSO/9780195335484.003.0005

Abstract: This chapter reviews debates about the use of Restorative Justice (RJ) for gendered violence, such as domestic violence or family violence. It identifies theoretical and empirical limitations to the capacity of generic models of RJ to promote victim interests for offences related to violence against women. Part 2 considers gendered violence in Indigenous communities and notes that research and commentary often fails to recognize Indigenous women’s needs and interests. It concludes that the best way forward is to move beyond oppositional contrasts between RJ and criminal justice to develop hybrid models that adopt anti-subordination as a principle, supported by the requisite resources to protect that end, in working towards safe and just outcomes.

Introduction

Publisher: SAGE Publications

Date: 02-2006

DOI: 10.1177/1362480606060127

Battered Women Charged With Homicide: Advancing the Interests of Indigenous Women

Publisher: SAGE Publications

Date: 04-2008

DOI: 10.1375/ACRI.41.1.138

Abstract: This article examines legal responses to women charged with a homicide offence arising from killing an abusive partner and reviews Australian cases over the period 1991–2007. We focus on cases involving Indigenous women, due to their very substantial overrepresentation as victims and offenders in intimate homicides in Australia. We find that the Australian case law to date has not developed principles adequate to reflect battered women's interests. Our analysis of cases involving Indigenous battered women indicates that the battering they had experienced and their disadvantaged circumstances were commonly read as indicators of personal deficits, and any evidence of structural disadvantage was muted. This research suggests that the limited impact of battered women's litigation in Australia is in part attributable to the psychological in idualism of the criminal law identified by Norrie (2001, 2005), which is not confined to the trial stage but also shapes prosecutorial discretion and sentencing. We urge future research to shift the focus beyond battered woman syndrome and the trial process to examine plea bargaining and sentencing, and we suggest that advocates on behalf of battered women cannot rely on case law developments to deliver change but need to pursue multiple strategies.

University Of New South Wales

Location: Australia

View Organisation

Discovery Projects - Grant ID: DP170100893

Start Date: 2017

End Date: 12-2022

Amount: $230,000.00

Funder: Australian Research Council

Discovery Indigenous Researchers Development - Grant ID: DI0775833

Start Date: 02-2007

End Date: 02-2009

Amount: $40,000.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP130101121

Start Date: 2013

End Date: 04-2017

Amount: $235,000.00

Funder: Australian Research Council