‘Reconstructing gender roles in a total institution: Incarcerated primary carer fathers’ expressions of masculinity in Victoria’

T.Bartlett, Monash Universitytess.bartlett@monash.edu

This paper draws from data gathered for an Australian Research Council funded study conducted in Victoria and NSW between 2011-2015 that examined how dependent children are responded to when their primary carer is imprisoned, with a specific focus on how care is managed at the key points of arrest, incarceration and release. In particular, it aims to address a gap in research and theory by providing new insights into masculinity and the experiences and challenges facing primary carer fathers in prison in Victoria.

The paper explores the differing expressions of self presented by primary carer fathers in prison, as a ‘total institution.’  In particular, it focuses on primary carer fathers’ experiences of visitation (and visit space) and the opportunities fathers have to ‘do’ fathering within the prison context. To do so, the views of 39 primary carer fathers incarcerated in Victoria are analysed. The paper will argue that there exist a range of models and malleable expressions of masculinity within the prison environment and primary carer fathers use strategies to change who they are in each moment. By clearly highlighting primary carer fathers’ expressions of masculinity from inside the prison environment, gaps will be highlighted and solutions offered as to: how best facilitate the connection between the inside and outside world; and how to allow for the expression of a fathering identity within the prison context.

‘Reconstructing gender roles in a total institution: Incarcerated primary carer fathers’ expressions of masculinity in Victoria’

T.Bartlett, Monash Universitytess.bartlett@monash.edu

This paper draws from data gathered for an Australian Research Council funded study conducted in Victoria and NSW between 2011-2015 that examined how dependent children are responded to when their primary carer is imprisoned, with a specific focus on how care is managed at the key points of arrest, incarceration and release. In particular, it aims to address a gap in research and theory by providing new insights into masculinity and the experiences and challenges facing primary carer fathers in prison in Victoria.

The paper explores the differing expressions of self presented by primary carer fathers in prison, as a ‘total institution.’  In particular, it focuses on primary carer fathers’ experiences of visitation (and visit space) and the opportunities fathers have to ‘do’ fathering within the prison context. To do so, the views of 39 primary carer fathers incarcerated in Victoria are analysed. The paper will argue that there exist a range of models and malleable expressions of masculinity within the prison environment and primary carer fathers use strategies to change who they are in each moment. By clearly highlighting primary carer fathers’ expressions of masculinity from inside the prison environment, gaps will be highlighted and solutions offered as to: how best facilitate the connection between the inside and outside world; and how to allow for the expression of a fathering identity within the prison context.

The limits of looking: Managing crime-images of victims

Laura McDonald, University of Sydney, laura.mcdonald@sydney.edu.au

This paper explores the creation, dissemination and control of crime-images, specifically those of victims of crime. The public’s engagement with visual representations of crime is rising in the digital age, highlighting how crime is increasingly mediated through still and moving images, from CCTV and bystander camera-phone footage, to Periscope’s live-streaming capabilities, to personal Facebook photos re-published by the media to increase a crime story’s newsworthiness. These proliferating images have immense power to shape the public’s understanding of crime, law, and justice. But our engagement with them may be problematic especially when it comes to victims’ rights.

Carbon fraud

D.S Gavara-Nanu, Flinders University, gava0014@uni.flinders.edu.au

In 1997, the United Nations met to consider methods to combat the destruction of the World’s forests and contain the emission of carbon dioxide.  Enter the Kyoto Protocol (“Protocol”) which facilitated the development of Emissions Trading Schemes (“ETS”); the “Cap and Trade” scheme was one under which nations were allocated a fixed amount of “carbon credits” in order to emit carbon.  Nations which exceed their limit, can pay other nations for their credits, in order to continue to emit carbon.

In 2005, rainforest nations proposed the Reducing Emissions Deforestation and Degradation scheme (“REDD”), under which industrialised nations pay rainforest nations to maintain their forests, to allow the former to emit carbon.  REDD became REDD+ as a result of the inclusion of conservation methods.

Proponents against carbon trading argue that the concept will fail because it was designed and endorsed by governments which have faith in an unseen commodity which encourages corruption (Bachram, 2004; Labatt, 2007; Lohmann, 2009; Gilbertson, 2011)).  With the European Union (“EU”) ETS valued at over €30 billion, it easily attracted organised criminal networks who stole substantial amounts of money and credits (Europol, 2009; Frunza, 2013).  After these thefts, the EU tightened its control over its ETS.  Attention is now on the voluntary carbon market where REDD+ is in danger of exploitation too (Vidal, 2009).

I will investigate the origins of the criminals who infiltrated the EU ETS and identify the loopholes they circumvented; and then analyse Papua New Guinea’s REDD+ scheme, its intertwined domestic logging industry and identify the threats to REDD+ in PNG.  A merge of laws will occur through analysing:  (1) criminology, (2) climate change law and (3) international law and this merge will result in safeguarding the interests of Indigenous landowners in REDD+ countries by attempting to develop initiatives to deal with exploitation.

Carbon fraud

D.S Gavara-Nanu, Flinders University, gava0014@uni.flinders.edu.au

In 1997, the United Nations met to consider methods to combat the destruction of the World’s forests and contain the emission of carbon dioxide.  Enter the Kyoto Protocol (“Protocol”) which facilitated the development of Emissions Trading Schemes (“ETS”); the “Cap and Trade” scheme was one under which nations were allocated a fixed amount of “carbon credits” in order to emit carbon.  Nations which exceed their limit, can pay other nations for their credits, in order to continue to emit carbon.

In 2005, rainforest nations proposed the Reducing Emissions Deforestation and Degradation scheme (“REDD”), under which industrialised nations pay rainforest nations to maintain their forests, to allow the former to emit carbon.  REDD became REDD+ as a result of the inclusion of conservation methods.

Proponents against carbon trading argue that the concept will fail because it was designed and endorsed by governments which have faith in an unseen commodity which encourages corruption (Bachram, 2004; Labatt, 2007; Lohmann, 2009; Gilbertson, 2011)).  With the European Union (“EU”) ETS valued at over €30 billion, it easily attracted organised criminal networks who stole substantial amounts of money and credits (Europol, 2009; Frunza, 2013).  After these thefts, the EU tightened its control over its ETS.  Attention is now on the voluntary carbon market where REDD+ is in danger of exploitation too (Vidal, 2009).

I will investigate the origins of the criminals who infiltrated the EU ETS and identify the loopholes they circumvented; and then analyse Papua New Guinea’s REDD+ scheme, its intertwined domestic logging industry and identify the threats to REDD+ in PNG.  A merge of laws will occur through analysing:  (1) criminology, (2) climate change law and (3) international law and this merge will result in safeguarding the interests of Indigenous landowners in REDD+ countries by attempting to develop initiatives to deal with exploitation.

Explaining crime: Contributing Factors within a Multilayered Network (CFMN)

Armin Alimardani*Ph.D. student, University of New South Wales, Australia

 *corresponding author: a.alimardani@student.unsw.edu.au

 

Identifying numerous causal factors of crime, and their interrelationship, provides a complex basis for explaining crime. The absence of a comprehensive and coherent method may prevent criminologists from conducting effective research. By studying a range of disciplines such as criminology, psychology, sociology and neuroscience, theories of causation in philosophy and network theory in economics, business and mathematics, this study proposes ‘Contributing Factors within a Multilayered Network (CFMN) as a systematic method for explaining crime. CFMN has three main principles: first, crime is the result of multiple factors that contribute to criminal behaviour; second, although some factors are replaceable or modifiable, other factors are unchangeable (adverse experiences). Third, there is a network of interactions between these factors with three key features: 1) Some factors should be disregarded as they are merely blends of other factors. 2) Some factors can aid in identifying other factors (frontal lobe impairment and impulse control disorder). 3) The influence of some factors may be altered by other factors (severity of depression and parenting quality). These principles enable CFMN to serve as a suitable tool for criminologists to analyse criminal behaviour for various purposes, including crime prevention and prediction studies, and decision making in criminal proceedings by determining causes of crime (culpability), prospects of rehabilitation and so forth.

Keywords: explaining crime, CFMN, multiple factors, interaction between factors.

Strengthening deradicalizing Islamist extremism in Indonesia: A victim-centred approach

Milda Istiqomah*, Ph.D. Student, University of New South Wales, Australia

 *Corresponding author: m.istiqomah@student.unsw.edu.au

 

Deradicalization program has long been the subject of investigation. There is a steadily growing interest in examining the results on how Islamist terrorists agree to abandon violence and leave radicalism; however, it is argued that de-radicalization program on terrorism in many countries is still questionable for its effectiveness. This article aims to provide an overview of the deradicalization program specifically related to the victim-centred approach conducted by the Indonesian government and investigates critical issues surrounding the analysis of their effectiveness and outcomes. This research employs several case studies of a victim-centred approach conducted by the Indonesian Witness and Victim Protection Agency as well as the Indonesian Counter-terrorism Agency. This paper argues that the victim-centred approach to de-radicalize former terrorist prisoners faces several implemental challenges; however the initiative may offer promise for future successful de-radicalization program. Furthermore, until more data surrounding the efficacy of this initiative available, the victim-centred approach may also constitute a significant and essential component of disengagement, de-radicalisation, and reintegration of terrorist prisoners. In conclusion, this paper suggests that further empirical research concerning prevention policies and disengagement interventions related to victim-centred approach need to be explored to give more inputs to the Indonesian government to achieve the effectiveness of de-radicalization program.

Keywords: victim-centred approach, de-radicalization, Islamist extremism.

Developing an understanding of illegal firearm supply in England and Wales

Helen Williamson*, School of Applied Social Science, University of Brighton

*corresponding author: h.williamson2@brighton.ac.uk

 

The decade between 2004 and 2014 witnessed the number of recorded firearm offences in England and Wales fall significantly from 24,094 offences in the year ending March 2004 to 7,709 offences in the year ending March 2014 (including air-weapons). However, recent official statistics indicate that in the year ending March 2015 there has been a 2% rise, with 7,866 recorded offences, the first increase in 10 years (ONS, 2016). A closer look at these offences show that over 50% were committed with firearms that are unknown, unidentified, reactivated, imitation or ‘other’ (stun gun, pepper spray etc.). This indicates the presence of a number of criminal entrepreneurs who are converting, modifying or manufacturing weapons from scratch. Currently there is relatively little known about these individuals, including where they are positioned within the overall gun supply process (Hales et al, 2006), this is the gap in knowledge my research aims to fill.

An initial typology of criminal armourers, suggested by Williamson (2015), identified seven potential categories of individuals who have previously been responsible for supplying these types of weapons to meet demand. This presentation will provide an overview of the development of this initial typology and introduce network structures identified in regard to the onward distribution of illegal firearms in England and Wales (thus far identified from open-source data).  Furthermore, it will introduce the methodological approaches envisaged to undertake this research with the aim to develop and explain the activities, motivations and modus operandi of criminal armourers while outlining the emerging method of crime script analysis, including its potential to identify a fuller range of intervention points at which illegal firearm supply may be disrupted in the future.

The right to be presumed innocent and the right to remain silent in Vietnam: Theory and Challenges

Dat T. Bui*, PhD candidate at Law School, Macquarie University; Lecturer at Law School, Vietnam National University Hanoi

 *corresponding author’s email: buitiendat2001@yahoo.com

 

By affirming the right to be presumed innocent and the right to remain silent, the Vietnamese Criminal Proceedings Code 2015 has made a remarkable step towards values of fair trial rights prescribed in international human rights instruments. However, there is still much debate about the understanding and the implementation of those rights. This paper first argues that one of the reasons causing violations on the the right to be presumed innocent is an incorrect translation of the term “presumption”, leading to misunderstanding of the nature of the right. Second, the paper suggests a moderate model of the right to remain silent, which is a trend in some jurisdictions such as England-Wales and New South Wales, for Vietnam.

Youth diversion and practitioner decision-making: Exploring multiple perspectives

Estrella PearceWestern Sydney University, Australia

 *corresponding author: e.pearce@westernsydney.edu.au

The ethos of restorative justice as a viable alternative to more punitive measures has been received with varying degrees of enthusiasm across different jurisdictions. In NSW, for example, only 3% of young offenders are diverted to youth justice conferencing. Australian studies on ‘diversion’ from court have focused on a broad and generalist analysis of ‘diversion’ mobilising demographic and cohort offending data to consider juvenile justice outcomes such as recidivism, participant satisfaction, and operational issues. Despite the central role of police and magistrates in youth conference referrals there is limited research, if any, examining these practitioners understanding and attitudes towards restorative justice within this context.  The limited amount of research examining police attitudes investigates police officers directly involved in conferences rather than in the process of referral, while research examining magistrates attitudes and factors on decision making processes is almost non-existent.

The aim of the current study is to fill the gap in the Australian context and explore the political and policy constraints that affect individual discretionary decision making in relation to youth ‘diversion’ in NSW. A qualitative analysis of interviews of the Children’s Court Magistrates, NSW Police and juvenile justice personnel shed some light on the factors affecting the discretionary decisions of individuals and institutions that influence the extent to which youth “diversion” is utilised in NSW. The findings indicate that there is ambivalence in decision making, at times structural and at times individual. This ambivalence is caused by the liberal state emphasis on both punitivism and welfarism. My research is significant in understanding the factors that impact on practitioner’s decision-making on youth ‘diversion’.

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