Foreword | Indigenous participation in sentencing procedures has been occurring informally in remote communities for some time. During the late 1990s, formalisation of this practice began in urban areas with the advent of Indigenous sentencing and Circle Courts. Formalisation has also occurred in remote areas. The aim has been to make court processes more culturally appropriate, to engender greater trust between Indigenous communities and judicial officers, and to permit a more informal and open exchange of information about defendants and their cases.
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In Australia, three defendants in two cases have been charged and prosecuted for 'slavery' or 'trafficking in persons' under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of 'labour trafficking', even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.
Foreword | Official crime statistics suggest that young people aged 24 years and under make the greatest contribution to a population’s overall crime levels. A decline in the proportion of the population aged 24 years or under should therefore reduce the population’s crime levels. Yet the impact of structural ageing—the shift in population age structure from ‘young’ to ‘old’—in Australia is ‘one frequently overlooked influence on long-term crime trends’ (Weatherburn 2001: 2).
Foreword | Approximately one in four women in most Western nations are at risk of becoming a victim of intimate partner violence (IPV). Interventions for IPV victims have shown to be significant in preventing negative outcomes. Using data from the International Violence Against Women Survey, this paper examines predictors of help-seeking by IPV victims and considers whether such responses are influenced by the severity of abuse experienced.
Foreword | In recent years, it has been recognised that child complainants in the criminal justice system can experience difficulties over and above those of other complainants and that children can experience the court process as extremely traumatising. This can be exacerbated if children are complainants in child sexual offence matters and if they have to give evidence against a family member. This paper has three primary aims. First, it outlines the major factors that contribute to making court processes harrowing for child complainants.
Foreword | This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims.
Foreword | Women's drug use is believed to be a defining factor in their participation in crime and it is argued that the severity of women's drug use is more closely related to their criminality than it is for men, particularly for prostitution and property crime. Women's drug use and offending are different from men's.
Foreword | Youth offenders are complex and challenging for policymakers and practitioners alike and face high risks for long-term disadvantage and social marginalisation. In many cases, this marginalisation from the mainstream begins in early life, particularly in the classroom, where they have difficulty both with language/literacy tasks and with the interpersonal demands of the classroom.
Foreword | We know that for some crimes, like human trafficking, it is difficult to secure prosecutions. It is also the case that these kind of crimes are difficult to detect. Human trafficking presents different challenges from domestic crimes, like sexual assault, because of its often transnational nature and the potential involvement of a network of facilitators in a number of countries.
Foreword | This paper reports findings from statistical analyses of Indigeneity and lower court sentencing in New South Wales and South Australia from 1998 to 2008. The aim was to explore the probability of Indigenous versus non-Indigenous defendants receiving a prison sentence over time, while controlling for other key sentencing determinates (ie sex, age, criminal history, seriousness of current offence, plea, bail status).
Foreword | The Institute's recent work on adult male offenders has found that the most serious and persistent adult offenders had been detained as a juvenile (see Trends & issues no 267). In terms of crime reduction, interventions that focus on reducing the likelihood of juveniles escalating to adult offenders will have significant benefits for the whole of the Australian community.
Foreword | Mobile and wireless technologies have evolved beyond recognition since the first radio signals were transmitted in the late nineteenth century. The advent of mobile phones and similar devices has transformed business and social interactions, and Internet access no longer depends on a wired system such as a modem connected to a telephone landline - rather, it can be achieved using a mobile enabled device whenever and wherever a mobile access point is available.
Foreword | Bank robbery is costly at both a human level and a financial level. In order to minimise these costs, crime prevention measures need to be applied that are appropriate to the methods employed by bank robbers.
Foreword | Bot programs allow attackers to remotely control vulnerable computers and form virtual networks of zombies - botnets. Botnets can be leveraged to orchestrate concerted attacks against other computing resources, for example, distributed denial of service (DDoS) attacks against targeted networks. The shift in motivation from curiosity and fame seeking to illicit financial gain has been marked by a growing sophistication in the evolution of bot malware.
Foreword | Violence, threats and intimidation confront many professionals working in the area of child protection. While there has been increased international concern about this topic, there has been no previous Australian investigation that documented the incidence and effects of these issues across the range of child protection workers. The research described in this paper is the first of its kind in Australia.