This chapter explores the way in which Aboriginality is taken into account in the sentencing proc... more This chapter explores the way in which Aboriginality is taken into account in the sentencing process to shed light on an offender's background, reasons for offending and prospects for rehabilitation. It examines the approach taken by courts in the ACT and the impact of pre-sentence reports. The paper concludes that, though pre-sentence report writers are in a unique position to explore and illuminate the relevance of post-colonial Aboriginal identity in the sentencing process, present experience in the ACT indicates this is not being done. It is argued that this exploration and illumination should be undertaken in the interests of ensuring equal justice.
Qualitative researchers in the discipline of criminology perform a wide range of challenging task... more Qualitative researchers in the discipline of criminology perform a wide range of challenging tasks. They interview prisoners, police officers, magistrates and judges. They speak with survivors of domestic violence, and drink tea with the mothers of murdered children. They observe courts and communities, investigate the decision-making processes of juries and immerse themselves in the data they collect. They ask ‘big’ questions – ‘how do we criminalise the producers of toxic toys?’ – as well as ‘little’ questions – ‘what should I wear to conduct this interview?’
Qualitative Criminology: Stories from the Field brings to life the stories behind the research of both emerging and established scholars in Australian criminology. The book’s contributors provided honest, reflective, and decidedly unsanitised accounts of their qualitative research journeys - the lively tales of what really happens when conducting research of this nature, the stories that often make for parenthetical asides in conference papers but tend to be excised from journal articles.
This book considers the gap between research methods and the realities of qualitative research. As such, it aims to help researchers and students who conduct qualitative criminological research reflect upon their role as researchers, and the practical, ideological and ethical issues which may arise in the course of their research. It is also a call to criminologists to make public the ‘failures’ and missteps of their research endeavours so that we can learn from one another and become better informed and more reflexive qualitative criminologists.
Within the 'what works' literature, recidivism is typically embraced as the sole or primary outco... more Within the 'what works' literature, recidivism is typically embraced as the sole or primary outcome measure of success for offender intervention programs. Often, no account is taken of other important measures for evaluating program success. As such, our understanding of what works is based largely on programs that have demonstrated effectiveness with respect to reduced recidivism rates. Focusing specifically on tertiary prevention approaches for juvenile offenders, this article argues that there are significant limitations in using rates of recidivism as the primary outcome measure of program success. Firstly, this article explores the importance generally of incorporating a comprehensive evaluative framework into program design. Secondly, the limitations of relying upon recidivism as the sole or primary outcome measure in program evaluation are outlined. Thirdly, this article briefly describes the Risk-Needs-Responsivity (RNR) model and the Good Lives Model (GLM) as examples of models that can be used to inform the selection of appropriate outcome measures for program evaluation. This article then offers three examples of recent outcome evaluation studies which sought to determine the effectiveness of post-sentencing tertiary intervention programs for juvenile offenders using a broad range of indicators of success. Finally, the article suggests alternative outcome measures that might be usefully incorporated in future program design, as well as the monitoring and evaluation of existing programs. II THE IMPORTANCE OF EVALUATION FRAMEWORKS The term 'evaluation' covers a range of distinct processes and activities. Evaluations can occur during any stage in the life of a program. As Manning 1 noted, various types of evaluations may be conducted either on their own or in combination to examine different aspects of a program's success. These different forms of evaluation include: context evaluation, which determines the suitability of a program for its intended population (ie, how the program is likely to function in a particular socio-political, physical and economic climate); formative evaluation, which determines the needs a program should fulfil and includes evaluation of preliminary results and possibly pilot testing; process evaluation, which determines whether the program was implemented in accordance with its design; program performance evaluation, which is similar to process evaluation, as this occurs at the decision-making stage and is concerned with assessing the proper implementation of policies and whether these policies are achieving desired goals;
Restorative justice and therapeutic jurisprudence measures have recently been introduced into you... more Restorative justice and therapeutic jurisprudence measures have recently been introduced into youth justice systems. As gatekeepers to these measures, Children's Court magistrates play a crucial role in their success. However, little research has been undertaken on magistrates' views of these measures. This article addresses this gap by presenting results of interviews undertaken with Children's Court magistrates in New South Wales, Australia. Our research suggests that magistrates are enthusiastic about the philosophy of both restorative and therapeutic measures, but are reluctant to embrace them if they consider them under-resourced, poorly understood and/or poorly implemented. The implications of these findings are discussed.
ABSTRACT This article seeks to paint the contemporary picture of Indigenous women in custody in A... more ABSTRACT This article seeks to paint the contemporary picture of Indigenous women in custody in Australia. In particular, the article presents and analyses the most recent data available on prisoner numbers, imprisonment rates, age, sentence length, offence type and recidivism. The article then considers some of the characteristics of Indigenous female prisoners, including their physical and mental health, their role as mothers, and their exposure to family violence. The implications of Indigenous women’s representation and circumstances in Australian prisons are also examined.
Consideration of the media's representations of women who kill highlights dominant discourses in ... more Consideration of the media's representations of women who kill highlights dominant discourses in the framing of public responses to criminal acts of a particular kind, which in turn shapes legal responses to such acts. Generally, women who commit murder are, in some way, portrayed as an aberration of true womanhoodas either 'bad' or 'mad'. Through an overview of the vast literature that has examined the reportage of these women, we examine how this is done and consider whether the framing or portrayal is affected by the woman's relationship to her victim: a violent partner, a child, or a non-family member. We identify some common themes in the 'mad', 'bad' and 'sad' representations of these women, as well as a tendency to downplay information that might contextualise or explain the women's actions. Details of the women's appearance and sexuality were also emphasised in media reports, with particular attention given to sensationalised images, for example, depictions of debauchery, vampirism and lesbianism. By contrast, underlying social issues and causes are often not included. We therefore conclude that our ability to make sense of such crimes in a manner that may assist in their prevention is diminished.
The issue of ‘knife crime’ is examined in this paper. A review of the recent Australian data indi... more The issue of ‘knife crime’ is examined in this paper. A review of the recent Australian data indicates an increase in the use of knives for homicide offences, while their use decreased or remained steady in relation to robbery, sexual assault and kidnapping/ abduction. The limited academic research on this issue reveals two discrete groups — young people who carry knives and generally ‘grow out of it’; and an older cohort who are evidenced in crime and hospitalisation data. There were also differences between the knife carriage and use patterns of ‘school’ and ‘street’ youth. A detailed analysis of recent and proposed legislative and policy responses to knife crime in each Australian jurisdiction is presented; this demonstrates a diversity of approaches, especially in relation to penalties. By way of international comparison, the responses in the United Kingdom are considered and the evidence on the effectiveness of interventions aimed at tackling knife crime reviewed. The limited i...
This article examines the legal regulation of active voluntary euthanasia and assisted suicide in... more This article examines the legal regulation of active voluntary euthanasia and assisted suicide in Australia. The Dying with Dignity Bill 2009 (Tas), which was recently defeated by the Tasmanian Parliament, is discussed, as well as other jurisdictions' past and present legislative developments in this context. The recent case law is also considered to ascertain how "mercy killing" or assisted suicide cases are dealt with by the criminal justice system, with particular reference to the case of R v Justins [2008] NSWSC 1194. This is followed by a critical evaluation of the key arguments for and against euthanasia. The article concludes by examining the significance of the Tasmanian Bill and the implications of such legislation.
ABSTRACT This chapter highlights the key findings of the Royal Commission into Aboriginal Deaths ... more ABSTRACT This chapter highlights the key findings of the Royal Commission into Aboriginal Deaths in Custody relevant to police operations. It then presents the most recent data available on Indigenous deaths in police custody and, on the basis of publicly available information, considers some of the steps Australian state and territory police have taken to implement the Commission's recommendations.
ABSTRACT Consumer fraud costs Australians almost $1b a year and most of this fraud involves scams... more ABSTRACT Consumer fraud costs Australians almost $1b a year and most of this fraud involves scams in which individuals are persuaded to part with an upfront, or advance, fee, with the promise of large financial or other gain in the future.In this paper, consideration is given to the sentencing issues that apply in cases of this nature. In particular, the author examines the application of the key sentencing purposes, such as deterrence and rehabilitation, and the sentencing principles applied by courts, such as the proportionality principle, and the challenges that may arise in this context.Key sentencing factors often cited in aggravation or mitigation are also reviewed, before an examination of some of the issues relating to specific sentencing options is undertaken. This paper goes some way in providing a brief analysis of sentencing practices. However, further research is required to better explore how sentencers respond to consumer fraud matters.
This chapter explores the way in which Aboriginality is taken into account in the sentencing proc... more This chapter explores the way in which Aboriginality is taken into account in the sentencing process to shed light on an offender's background, reasons for offending and prospects for rehabilitation. It examines the approach taken by courts in the ACT and the impact of pre-sentence reports. The paper concludes that, though pre-sentence report writers are in a unique position to explore and illuminate the relevance of post-colonial Aboriginal identity in the sentencing process, present experience in the ACT indicates this is not being done. It is argued that this exploration and illumination should be undertaken in the interests of ensuring equal justice.
ABSTRACT This paper examines the sentencing of Indigenous women in Australia. Quantitative and qu... more ABSTRACT This paper examines the sentencing of Indigenous women in Australia. Quantitative and qualitative data on sentencing patterns and practices are presented in relation to Indigenous women in Australia. Some examples of non-custodial and custodial sentencing options for Indigenous women in Australia are discussed. A brief overview of Indigenous women’s offending patterns is also presented, along with relevant developments in Canada and New Zealand.
ABSTRACT In this paper, the key criminal justice issues in relation to culturally and linguistica... more ABSTRACT In this paper, the key criminal justice issues in relation to culturally and linguistically diverse (CALD) communities are reviewed and a summary of relevant protective and risk factors provided. Some CALD-specific crime prevention programs, which serve to promote resiliency and protective factors and/or inhibit risk factors, are then presented.
This chapter explores the way in which Aboriginality is taken into account in the sentencing proc... more This chapter explores the way in which Aboriginality is taken into account in the sentencing process to shed light on an offender's background, reasons for offending and prospects for rehabilitation. It examines the approach taken by courts in the ACT and the impact of pre-sentence reports. The paper concludes that, though pre-sentence report writers are in a unique position to explore and illuminate the relevance of post-colonial Aboriginal identity in the sentencing process, present experience in the ACT indicates this is not being done. It is argued that this exploration and illumination should be undertaken in the interests of ensuring equal justice.
Qualitative researchers in the discipline of criminology perform a wide range of challenging task... more Qualitative researchers in the discipline of criminology perform a wide range of challenging tasks. They interview prisoners, police officers, magistrates and judges. They speak with survivors of domestic violence, and drink tea with the mothers of murdered children. They observe courts and communities, investigate the decision-making processes of juries and immerse themselves in the data they collect. They ask ‘big’ questions – ‘how do we criminalise the producers of toxic toys?’ – as well as ‘little’ questions – ‘what should I wear to conduct this interview?’
Qualitative Criminology: Stories from the Field brings to life the stories behind the research of both emerging and established scholars in Australian criminology. The book’s contributors provided honest, reflective, and decidedly unsanitised accounts of their qualitative research journeys - the lively tales of what really happens when conducting research of this nature, the stories that often make for parenthetical asides in conference papers but tend to be excised from journal articles.
This book considers the gap between research methods and the realities of qualitative research. As such, it aims to help researchers and students who conduct qualitative criminological research reflect upon their role as researchers, and the practical, ideological and ethical issues which may arise in the course of their research. It is also a call to criminologists to make public the ‘failures’ and missteps of their research endeavours so that we can learn from one another and become better informed and more reflexive qualitative criminologists.
Within the 'what works' literature, recidivism is typically embraced as the sole or primary outco... more Within the 'what works' literature, recidivism is typically embraced as the sole or primary outcome measure of success for offender intervention programs. Often, no account is taken of other important measures for evaluating program success. As such, our understanding of what works is based largely on programs that have demonstrated effectiveness with respect to reduced recidivism rates. Focusing specifically on tertiary prevention approaches for juvenile offenders, this article argues that there are significant limitations in using rates of recidivism as the primary outcome measure of program success. Firstly, this article explores the importance generally of incorporating a comprehensive evaluative framework into program design. Secondly, the limitations of relying upon recidivism as the sole or primary outcome measure in program evaluation are outlined. Thirdly, this article briefly describes the Risk-Needs-Responsivity (RNR) model and the Good Lives Model (GLM) as examples of models that can be used to inform the selection of appropriate outcome measures for program evaluation. This article then offers three examples of recent outcome evaluation studies which sought to determine the effectiveness of post-sentencing tertiary intervention programs for juvenile offenders using a broad range of indicators of success. Finally, the article suggests alternative outcome measures that might be usefully incorporated in future program design, as well as the monitoring and evaluation of existing programs. II THE IMPORTANCE OF EVALUATION FRAMEWORKS The term 'evaluation' covers a range of distinct processes and activities. Evaluations can occur during any stage in the life of a program. As Manning 1 noted, various types of evaluations may be conducted either on their own or in combination to examine different aspects of a program's success. These different forms of evaluation include: context evaluation, which determines the suitability of a program for its intended population (ie, how the program is likely to function in a particular socio-political, physical and economic climate); formative evaluation, which determines the needs a program should fulfil and includes evaluation of preliminary results and possibly pilot testing; process evaluation, which determines whether the program was implemented in accordance with its design; program performance evaluation, which is similar to process evaluation, as this occurs at the decision-making stage and is concerned with assessing the proper implementation of policies and whether these policies are achieving desired goals;
Restorative justice and therapeutic jurisprudence measures have recently been introduced into you... more Restorative justice and therapeutic jurisprudence measures have recently been introduced into youth justice systems. As gatekeepers to these measures, Children's Court magistrates play a crucial role in their success. However, little research has been undertaken on magistrates' views of these measures. This article addresses this gap by presenting results of interviews undertaken with Children's Court magistrates in New South Wales, Australia. Our research suggests that magistrates are enthusiastic about the philosophy of both restorative and therapeutic measures, but are reluctant to embrace them if they consider them under-resourced, poorly understood and/or poorly implemented. The implications of these findings are discussed.
ABSTRACT This article seeks to paint the contemporary picture of Indigenous women in custody in A... more ABSTRACT This article seeks to paint the contemporary picture of Indigenous women in custody in Australia. In particular, the article presents and analyses the most recent data available on prisoner numbers, imprisonment rates, age, sentence length, offence type and recidivism. The article then considers some of the characteristics of Indigenous female prisoners, including their physical and mental health, their role as mothers, and their exposure to family violence. The implications of Indigenous women’s representation and circumstances in Australian prisons are also examined.
Consideration of the media's representations of women who kill highlights dominant discourses in ... more Consideration of the media's representations of women who kill highlights dominant discourses in the framing of public responses to criminal acts of a particular kind, which in turn shapes legal responses to such acts. Generally, women who commit murder are, in some way, portrayed as an aberration of true womanhoodas either 'bad' or 'mad'. Through an overview of the vast literature that has examined the reportage of these women, we examine how this is done and consider whether the framing or portrayal is affected by the woman's relationship to her victim: a violent partner, a child, or a non-family member. We identify some common themes in the 'mad', 'bad' and 'sad' representations of these women, as well as a tendency to downplay information that might contextualise or explain the women's actions. Details of the women's appearance and sexuality were also emphasised in media reports, with particular attention given to sensationalised images, for example, depictions of debauchery, vampirism and lesbianism. By contrast, underlying social issues and causes are often not included. We therefore conclude that our ability to make sense of such crimes in a manner that may assist in their prevention is diminished.
The issue of ‘knife crime’ is examined in this paper. A review of the recent Australian data indi... more The issue of ‘knife crime’ is examined in this paper. A review of the recent Australian data indicates an increase in the use of knives for homicide offences, while their use decreased or remained steady in relation to robbery, sexual assault and kidnapping/ abduction. The limited academic research on this issue reveals two discrete groups — young people who carry knives and generally ‘grow out of it’; and an older cohort who are evidenced in crime and hospitalisation data. There were also differences between the knife carriage and use patterns of ‘school’ and ‘street’ youth. A detailed analysis of recent and proposed legislative and policy responses to knife crime in each Australian jurisdiction is presented; this demonstrates a diversity of approaches, especially in relation to penalties. By way of international comparison, the responses in the United Kingdom are considered and the evidence on the effectiveness of interventions aimed at tackling knife crime reviewed. The limited i...
This article examines the legal regulation of active voluntary euthanasia and assisted suicide in... more This article examines the legal regulation of active voluntary euthanasia and assisted suicide in Australia. The Dying with Dignity Bill 2009 (Tas), which was recently defeated by the Tasmanian Parliament, is discussed, as well as other jurisdictions' past and present legislative developments in this context. The recent case law is also considered to ascertain how "mercy killing" or assisted suicide cases are dealt with by the criminal justice system, with particular reference to the case of R v Justins [2008] NSWSC 1194. This is followed by a critical evaluation of the key arguments for and against euthanasia. The article concludes by examining the significance of the Tasmanian Bill and the implications of such legislation.
ABSTRACT This chapter highlights the key findings of the Royal Commission into Aboriginal Deaths ... more ABSTRACT This chapter highlights the key findings of the Royal Commission into Aboriginal Deaths in Custody relevant to police operations. It then presents the most recent data available on Indigenous deaths in police custody and, on the basis of publicly available information, considers some of the steps Australian state and territory police have taken to implement the Commission's recommendations.
ABSTRACT Consumer fraud costs Australians almost $1b a year and most of this fraud involves scams... more ABSTRACT Consumer fraud costs Australians almost $1b a year and most of this fraud involves scams in which individuals are persuaded to part with an upfront, or advance, fee, with the promise of large financial or other gain in the future.In this paper, consideration is given to the sentencing issues that apply in cases of this nature. In particular, the author examines the application of the key sentencing purposes, such as deterrence and rehabilitation, and the sentencing principles applied by courts, such as the proportionality principle, and the challenges that may arise in this context.Key sentencing factors often cited in aggravation or mitigation are also reviewed, before an examination of some of the issues relating to specific sentencing options is undertaken. This paper goes some way in providing a brief analysis of sentencing practices. However, further research is required to better explore how sentencers respond to consumer fraud matters.
This chapter explores the way in which Aboriginality is taken into account in the sentencing proc... more This chapter explores the way in which Aboriginality is taken into account in the sentencing process to shed light on an offender's background, reasons for offending and prospects for rehabilitation. It examines the approach taken by courts in the ACT and the impact of pre-sentence reports. The paper concludes that, though pre-sentence report writers are in a unique position to explore and illuminate the relevance of post-colonial Aboriginal identity in the sentencing process, present experience in the ACT indicates this is not being done. It is argued that this exploration and illumination should be undertaken in the interests of ensuring equal justice.
ABSTRACT This paper examines the sentencing of Indigenous women in Australia. Quantitative and qu... more ABSTRACT This paper examines the sentencing of Indigenous women in Australia. Quantitative and qualitative data on sentencing patterns and practices are presented in relation to Indigenous women in Australia. Some examples of non-custodial and custodial sentencing options for Indigenous women in Australia are discussed. A brief overview of Indigenous women’s offending patterns is also presented, along with relevant developments in Canada and New Zealand.
ABSTRACT In this paper, the key criminal justice issues in relation to culturally and linguistica... more ABSTRACT In this paper, the key criminal justice issues in relation to culturally and linguistically diverse (CALD) communities are reviewed and a summary of relevant protective and risk factors provided. Some CALD-specific crime prevention programs, which serve to promote resiliency and protective factors and/or inhibit risk factors, are then presented.
ABSTRACT The University of Canberra (the University or UC) has adopted the signature theme of res... more ABSTRACT The University of Canberra (the University or UC) has adopted the signature theme of research-led education/teaching (RLE) for its courses and disciplines, as part of its overarching emphasis on ‘preparing professionals professionally.’ The aim is to equip both students and staff with the skills to thrive in a complex and changing environment. This paper looks at the aims of the University and discusses how the School of Law has implanted this signature theme. It is a process which illustrates the complex nature of the teaching-research nexus and the many different practices that may be considered as RLE. We consider first the justifications for RLE in undergraduate education and the methods, which might be used to emphasise benefits both to academic staff and to the student body. We then look at the various strategies adopted to encourage RLE. We conducted an audit of UC Law academics and report here on their RLE practices.
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Books by Lorana Bartels
Qualitative Criminology: Stories from the Field brings to life the stories behind the research of both emerging and established scholars in Australian criminology. The book’s contributors provided honest, reflective, and decidedly unsanitised accounts of their qualitative research journeys - the lively tales of what really happens when conducting research of this nature, the stories that often make for parenthetical asides in conference papers but tend to be excised from journal articles.
This book considers the gap between research methods and the realities of qualitative research. As such, it aims to help researchers and students who conduct qualitative criminological research reflect upon their role as researchers, and the practical, ideological and ethical issues which may arise in the course of their research. It is also a call to criminologists to make public the ‘failures’ and missteps of their research endeavours so that we can learn from one another and become better informed and more reflexive qualitative criminologists.
Papers by Lorana Bartels
Qualitative Criminology: Stories from the Field brings to life the stories behind the research of both emerging and established scholars in Australian criminology. The book’s contributors provided honest, reflective, and decidedly unsanitised accounts of their qualitative research journeys - the lively tales of what really happens when conducting research of this nature, the stories that often make for parenthetical asides in conference papers but tend to be excised from journal articles.
This book considers the gap between research methods and the realities of qualitative research. As such, it aims to help researchers and students who conduct qualitative criminological research reflect upon their role as researchers, and the practical, ideological and ethical issues which may arise in the course of their research. It is also a call to criminologists to make public the ‘failures’ and missteps of their research endeavours so that we can learn from one another and become better informed and more reflexive qualitative criminologists.