Changing narratives: colonised peoples, criminology and social work

Abstract: There is growing recognition in criminology and social work of the importance of Indigenous knowledges and methodologies. Yet to date there have been limited attempts (particularly in criminology and criminal justice social work) to consider the theoretical and practice implications of Indigenous understandings and approaches to these disciplines. Both disciplines have also been slow to recognise the importance of understanding the way in which colonial effects are perpetuated through knowledge control, particularly in the operation of criminal justice systems. Our paper thus begins by examining the historical and institutional factors that have contributed to the continuing subjugation of Indigenous knowledges and methodologies. A discussion of the connections between the hegemony of Western science, the construction of race, and the colonial project follows. While herein Western and Indigenous approaches are conceptualised broadly, the dangers of over-simplifying these categories is also acknowledged. The paper proceeds by examining the distinctive character of each approach through a consideration of their ontological, epistemological, axiological, and methodological differences. Whilst acknowledging the considerable challenges which arise in any attempt to develop connections between these differing worldviews, a pathway forward for understanding both theoretically and methodologically the relationship between Western and Indigenous approaches is proposed

The civil and family law needs of Indigenous people in Victoria

This report identifies the most pressing legal needs of Indigenous Victorians, which involve housing, discrimination and debt.The report presents key findings and recommendations of research conducted in 2012- 2013 by the Indigenous Legal Needs Project (ILNP) in Victoria. The ILNP is a national project. Its aims are to:identify and analyse the legal needs of Indigenous communities in non-criminal areas of law (including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters); and provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities. ILNP research is intended to benefit Indigenous people by improving access to civil and family law justice

Juvenile Justice, Young People and Human Rights in Australia

This article identifies the key human rights issues that emerge for young people in juvenile justice in Australia. While there is a clear framework for respecting the human rights of children within juvenile justice, the article poses the question: To what extent does Australia actually operationalise and comply with these rights in law, policy and practice? In answering, it discusses various national and international reports, legislation, academic and other research and litigation on behalf of children. It identifies substantive and procedural human rights violations affecting young people in juvenile justice, many of which fall disproportionately on two over-represented groups: Indigenous young people, and those with mental health disorders and cognitive disability. While there are review and compliance mechanisms in place, respect for young people's rights within the broad area of juvenile justice remains problematic

Juror comprehension and the hard case - Making forensic evidence simpler

The complexity/comprehension nexus as it impacts on juror decision-making is addressed in the particular context of prosecution-led DNA evidence. Such evidence is for jurors the subject of pre-trial preconceptions, and is notoriously difficult to present and argue before a jury. The article looks at the comprehension of forensic evidence by jurors, a task qualified by the opinion of legal professionals whose responsibility it is to present and interpret such evidence in adversarial contexts. Jurors were surveyed post-verdict in trials where forensic evidence featured in circumstantial cases. These insights into comprehension were qualified by contesting views of legal professionals, and critical reflections from independent observation teams regarding the manner in which this evidence was used and its intended impact on the jury. What results is both declared and implicit indicators of comprehension, not so much against broad measures of complexity [Findlay, 2001. Juror comprehension and complexity: strategies to enhance understanding. British Journal of Criminology 41/1, 56.], but rather the particular place of popularly endowed forensic evidence within the circumstantial case. The article explores the utility of a multi-methodological study of comprehension from the perspectives of the proponents, commentators, recipients and observers of the adversarial contest. To this is employed a interactive analysis of important decision-sites and relationships of influence in the trial as they may impact on comprehension and be measured as ‘complex’

Human rights and youth justice reform in England and Wales: A systemic analysis

This article examines critically the persistently antagonistic relationship – across the past quarter-century – between the provisions of international human rights instruments and the nature and direction of youth justice reform in England and Wales. It introduces the core provisions of the human rights framework that pertain to youth justice and it sketches the nature and direction of policy reform over the 25-year period under scrutiny (1991–2016). To obtain a comprehensive sense of the relationship between human rights and youth justice reform in the jurisdiction, it applies a detailed systemic analysis; beginning at the point at which criminal responsibility is formally imputed and progressing through each stage of the youth justice system, up to the point where the child might ultimately be deprived of her/his liberty. By taking a ‘long-view’ of youth justice reform and by adopting a systemic end-to-end analysis of the human rights–youth justice interface, the article presents an analytical account of both change (policy reforms) and continuity (the enduring nature of human rights violations)

'A Very Expensive Lesson': Counting the Costs of Penalty Notices for Anti-social Behaviour

In March 2014, the New South Wales Government dramatically increased penalty notice amounts for a number of summary offences. The fine increases were part of the Government's alcohol- and drug-fuelled violence initiatives, introduced in response to recent 'one-punch' homicides. This comment examines the use of penalty notices, or 'on-the-spot' fines, for the minor offences of offensive conduct, offensive language and the continuation of intoxicated and disorderly behaviour following a move-on direction. It considers the potential impact of these new fines on vulnerable and minority groups, particularly Aboriginal Australians. The comment questions whether police, as opposed to judicial officers, are the appropriate arbitrators for complex (albeit minor) offences that involve ill-defined elements such as offensiveness, community standards and the reasonable person test. It also asks whether these measures will be effective in fulfilling their stated aim to decrease alcohol-fuelled violence.9 page(s

The place of Indigenous people: locating crime and criminal justice in a colonising world

[Extract] Since British colonisation began at the end of the 18th century, the history of Australia has been a struggle between Indigenous peoples and the colonisers over place. This is often represented as a struggle over land - its control and use. Yet for Indigenous people, land was never simply an economic commodity to be exploited. It was 'place' in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's or group's ontology or being in the world. Place, then, can be conceptualised as both a physical and metaphysical domain. Indeed both domains are intertwined, perhaps inseparable

The place of Indigenous people: locating crime and criminal justice in a colonising world

[Extract] Since British colonisation began at the end of the 18th century, the history of Australia has been a struggle between Indigenous peoples and the colonisers over place. This is often represented as a struggle over land - its control and use. Yet for Indigenous people, land was never simply an economic commodity to be exploited. It was 'place' in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's or group's ontology or being in the world. Place, then, can be conceptualised as both a physical and metaphysical domain. Indeed both domains are intertwined, perhaps inseparable