Pathway from Child Protection to Juvenile Justice

Dr Jocelyn Jones1

1University Of Western Australia, Nedlands, Australia

The over-representation of Australian Aboriginal and Torres Strait Islander young people in contact with the child protection system and juvenile justice remains high and disproportionate to the non-Aboriginal community. Epidemiology studies provide the much needed data to identify how our young children are progressing and what barriers they are facing along the developmental pathway until adolescence.  Western Australia has high quality data that provides the unique opportunity to explore the health and social outcomes of our children into adulthood. Western Australian population-level data was used to explore the trajectory from child protection to juvenile justice in a cohort of Aboriginal children. This paper will address associations between, birth and maternal characteristics, gender, child protection, parental incarceration and contact with Juvenile Justice. Our findings provide significant insight into the plight our young children from birth to 18 years of age. Despite this we also found the importance of keeping children with their mothers to reduce the risk of a child entering the justice system. Evidence from this research suggests that removing children from their families and the community is not a sustainable response to child maltreatment.


Biography:

Dr Jocelyn Jones identifies as a Nyoongar woman and holds a Masters in Applied Epidemiology and PhD. Dr Jones has extensive experience working in health and justice, and working in both Aboriginal community controlled health services and in senior management positions in the Department of Health. She is an early career researcher and in the last 5 years has made significant contributions to Aboriginal health and social well being through her work with Aboriginal prisoners and juvenile justice.

Rosie Batty as change agent and policy entrepreneurs

Ms Lisa Wheildon1

1Monash University, Clayton, Australia

In recent years, shining a light on, responding to and preventing the serious issue of domestic and family violence (DFV) has become a focus for governments, policy-makers and advocates alike. The rise of DFV to the top of the public agenda is in large part due to the influence of victim-survivor advocates sharing their lived experiences of violence and of systemic responses to DFV, such as the courts. In the Victorian context, one victim-survivor advocate, Rosie Batty, has been particularly significant in the development of public policy and service delivery through her influence, which helped precipitate the 2015–16 Victorian Royal Commission into Family Violence, and subsequently through chairing the Victim Survivors’ Advisory Council (VSAC). This article considers the history of victim-survivors and the DFV movement in Victoria, which it is argued, provided solid foundations for Batty to act as policy change agent. It is also argued that Batty’s policy entrepreneurship as a victim survivor helped unite key players and challenge divisions, and will be useful to policy makers seeking to understand how best to centre the lived experiences of victim-survivor advocates.


Biography:

Lisa has been the Director of Stakeholder Relations and Communications at the Australia and New Zealand School of Government (ANZSOG) since 2016. Prior to that, she played a key role in establishing Our Watch, the national foundation to prevent violence against women. Before joining Our Watch, Lisa spent ten years in senior communications roles in the Victorian public sector and completed the Executive Masters in Public Administration with ANZSOG in 2010.

Prior to joining the public sector, Lisa worked in consulting and was with ABC TV in public relations and marketing roles for over six years. Her early career was in radio journalism. Lisa is committed to initiating behaviour change in relation to the issues of violence against women and gender equality and has overseen several research projects in these areas for Our Watch.

Living Under the Shadow of Death: The Experiences of Women Formerly on Death Row in the Philippines

Dr Diana Therese Veloso1

1De La Salle University, Manila, Philippines

This paper examines the experiences of women who spent time on death row before the suspension of capital punishment in the Philippines in 2006.  To contextualize the discussion, the researcher looks into their pathways to prison and the common themes in their backgrounds that brought them in contact with the criminal justice system. The researcher illuminates their issues and coping mechanisms when they still lived under the sentence of death,  and the impact of their incarceration on their family members and other significant networks.  This paper elaborates on their social worlds under confinement, their struggles for survival when they were on death row, and their negotiation of the social order in the penitentiary.  The researcher also delves into the near-execution of one woman and confirmation of the death sentences of five other women, and the impact thereof on the rest of the women inmates on death row. The researcher discusses the women’s views on the suspension of capital punishment, their understanding of the commutation of their death sentence to life imprisonment without parole, the changes in their situation since the repeal of the death penalty, and their fears regarding the revival of the death penalty in the Philippines under the current administration of President Rodrigo Duterte.  This paper concludes with a discussion of their persisting issues and service needs in prison as they continue to serve long-term sentences, while avoiding the prospect of returning to death row if capital punishment were to be reinstated.


Biography:

Dr. Diana Therese M. Veloso is an Associate Professor and the Graduate Studies Program Coordinator of the Behavioral Science Department at De La Salle University. She completed her Ph.D. in Sociology at Loyola University Chicago. She has conducted original research on the life histories and issues of women formerly on death row in the Philippines and the reentry experiences and challenges of formerly incarcerated women in Chicago, Illinois.  She served as the lead researcher in two studies on serious and organized crime threats in the Philippines, as commissioned by the National Law Enforcement Coordinating Committee-Subcommittee on Organized Crime (NALECC-SCOC).  She was a consultant in a nationwide evaluation of the interventions and rehabilitation programs for children in conflict with the law (CICL) in the Philippines. She has also conducted research on gender-based violence among internally displaced people (IDPs) in Zamboanga City and Marawi City, two conflict zones in the Southern Philippines. She was also involved in participatory action research projects with the Native American community in Chicago, Illinois.

Patterns and Prevalence of Corruption in Ghana’s Criminal Justice System

Mr Moses Agaawena Amagnya1

1Griffith University, Mount Gravatt, Australia, 2Griffith Criminlogy Institute, Mount Gravatt, Australia, 3School of Criminology and Criminal Justice, Mount Gravatt, Australia

This paper explores patterns and prevalence of corruption in Ghana’s criminal justice system. Corruption has serious consequences for policing, security, economic development and the rule of law. It is particularly concerning when it affects criminal justice institutions, as they are designed ultimately to control corruption by ensuring compliance with the law. Studies of corruption have reported that citizens of developing countries in Africa and elsewhere perceive their countries’ criminal justice institutions, especially the police and judiciary, to be among the most corrupt public institutions. However, little research has considered the views of criminal justice officials themselves regarding corruption patterns and prevalence. The current study explores the patterns and prevalence of corruption within Ghana’s criminal justice system based on expert interviews with 45 criminal justice personnel and 15 anti-corruption officials across three regions of Ghana: Greater Accra, Ashanti and Upper East. The results show that a majority of participants perceived corruption in Ghana as a serious problem; police were perceived as the most corrupt institution, and bail granting was perceived to be the most corrupt process. The implications of these findings for theory and policy are discussed.


Biography:

Moses Agaawena Amagnya is full-time international PhD Candidate and Tutor at the School of Criminology and Criminal Justice and a member of Griffith Criminology Institute, Griffith University, Australia. He is on scholarship from Griffith University. Moses was previously educated in his home country of Ghana where he obtained a Bachelor of Arts (Honours) degree in Law and Sociology and in the United Kingdom where he obtained Master of Philosophy (MPhil) from the Cambridge University, which was under a full Cambridge Commonwealth Shared Scholarship. Moses research interests are in corruption and accountability, policing, criminal prosecution, traffic violations, and terrorism

Responding to Right Wing Extremism: anti-terrorism laws and countering violent extremism (CVE) programs

Dr Daniel Baldino3, Dr  Keiran Hardy2, Dr Tamara Tulich1, Mr Kosta Lucas4

1Law School, The University of Western Australia, Crawley, Australia, 2Griffith Criminology Institute, Mt Gravatt, Australia , 3University of Notre Dame, Fremantle, Australia , 4Synq Up, Perth, Australia

  1. Understanding and responding to the sovereign citizen movement in Australia

Daniel Baldino and Kosta Lucas

Sovereign citizens exhibit unique threats to law enforcement. So what exactly do sovereigns believe, what are their tactics and is the label ‘terrorist threat’ appropriately applied? This paper will explore the extent that anti-government extremists, often labelled as ‘sovereign citizens’, pose to national security in Australia. In 2015, sovereign citizens had been identified as a potential terrorism threat in Australia by a confidential NSW Police report. Other related crimes have revolved around intimidation of law enforcement officers as well as committing mortgage, credit card, tax and loan fraud, including a recent Australian Taxation Office legal fight against the self-proclaimed royal family of an invented principality in WA’s wheat-fields. Similarly, in 2019, the NSW government used the Terrorism (High Risk Offenders) Act 2017 against a sovereign citizen sympathiser who had threatened an MP. Given the ideological origins of this movement began in 1960s in the US, the paper will also identify transnational trends across the Western world related to the internationalisation of the sovereign movement based on individuals or groups who believe that federal authority is unlawful. Finally, it will examine the benefits associated with, and limitations of, conventional responses to extremism and the tools of counter-terrorism in its application to such a self-styled right-wing movement. Problematically, evidence suggests that interactions with police have amplified with a notable increase in threats of violence.

  1. The Challenges of Counterterrorism Research

Keiran Hardy, Griffith Criminology Institute

Preventing terrorism raises challenges compared to preventing other types of crime. The political and religious motive underlying terrorism has required special legal responses, and governments continue to grapple with how to define terrorism, extremism and radicalisation. Programs for countering violent extremism (CVE), including intervention and deradicalisation programs, remain underdeveloped and it is not clear how their effectiveness should be measured. It is unclear whether broader community-based prevention strategies can ever contribute to a reduction in the terrorist threat. Currently, many governments are seeking to adapt measures previously developed for Islamist extremism to account for the developing threat of right-wing extremism. Across all of these issues, accessing meaningful data sources remains difficult for terrorism researchers given the relatively low frequency of terrorist attacks and security concerns surrounding national security information. This paper addresses the challenges of conducting criminological research in counterterrorism, and considers how researchers might build stronger connections with industry.

  1. The White elephant in the room – centring race in preventive justice scholarship

Tamara Tulich

This paper explores learnings from preventive justice scholarship post September 11 that might be drawn upon in evaluating current and guiding future preventive responses to the rise in right wing terrorism. Preventive justice scholarship has provided an important corrective to narratives of exceptionalism in legal responses to September 11, and a significant contribution to debates about anti-terror laws in demonstrating how preventive measures evade or erode civil liberties and criminal justice protections. However, unwittingly absent from this scholarship is race. I argue that we need to centre race – including ‘whiteness’ – in preventive justice scholarship, particularly as we consider responses to right wing terrorism.

  1. Working with public and private organisations to counter violent extremism

Kosta Lucas

TBC

Preventing community harming behaviours through the use of creative media and arts, communications and conflict resolution.


Biography:

Daniel Baldino is a political scientist specialising in Australian foreign, defence and security policy including counter-terrorism, intelligence studies and government and politics of the Indo-Pacific at the University of Notre Dame, Fremantle. In 2000, he was a Research Associate at the Library of Congress, Washington DC. In 2009 he was a visiting scholar within the Security and Governance Program, East-West Center, Hawaii, USA. In 2015, he was a visiting scholar at The Canadian Centre of Intelligence and Security Studies, University of Carleton, Ottawa. He has also provided education and professional development programs at the University of Fiji. He has produced numerous books and articles. His edited book (with Langlois, A and Carr, A) Controversies in Australian Foreign Policy: the core debates, published by Oxford University Press, was the winner of the Australian Institute of International Affairs’ inaugural publication grant. He is currently the Western Australian chapter convener for Australian Institute for Professional Intelligence Officers (AIPIO) as well as an Associate Editor for the Journal of the Indian Ocean Region.

Dr Keiran Hardy is a postdoctoral research fellow in the Griffith Criminology Institute. He is currently undertaking a two-year research project on crime prevention and global approaches to countering violent extremism. He has published extensively on counter-terrorism law and policy and comments regularly for Australian media. His research interests include counter-terrorism law, countering violent extremism, radicalisation, intelligence whistleblowing and cyber-terrorism. He is the author of Law in Australian Society: An Introduction to Principles and Process (Allen & Unwin, 2019).

Kosta Lucas is a researcher and practitioner in preventing and countering violent extremism in a wide range of policy, research and grassroots program development roles. Most notably, Kosta was the Chief Program Director of People against Violent Extremism (PaVE), Australia’s first bespoke countering violent extremism non-government organisation founded by the Hon. Dr Anne Aly MP in 2013. He has since moved on to start his own initiative, Synq Up, an independent initiative aimed at preventing community harming behaviours through the use of creative media and arts, communications and conflict resolution. Through Synq Up, Kosta works with a broad range of public and private organisations to create a greater community consciousness around the myriad of factors that contribute to violent extremism in Australia and abroad. Most recently, Kosta was selected to be a member of the European Union’s Radicalisation Awareness Network’s Expert Pool, contributing expertise on areas of youth engagement, prevention and community resilience. In addition to his work through Synq Up, Kosta has been a sessional academic with Notre Dame University since 2016, tutoring in areas such as Terrorism and Intelligence and Global Development. He is also in the process of completing his Masters of Peace and Conflict Studies at the University of Sydney.

Dr Tamara Tulich is a Senior Lecturer in UWA Law School. Tamara researches and publishes in the areas of preventive justice, anti-terror lawmaking and indefinite detention regimes, and is a co-editor of the collection Regulating Preventive Justice (Routledge 2017). Tamara’s recent research projects focus on expanding diversionary alternatives for Aboriginal youth with Foetal Alcohol Spectrum Disorders, understanding the role of law and culture in Aboriginal and Torres Strait Islander communities in responding to and preventing family violence, and reform to Australian proceeds of crime legislation.

A Research-Driven Framework for the Western Australian Start Mental Health Court

Magistrate  Felicity Zempilas2, Dr Adam Brett2, Mr Mark Edmunds2, Associate Professor Sarah Murray1, Dr Tamara Tulich1

1Law School, The University of Western Australia, Crawley, Australia, 2Start Court, Perth Magistrates Court, Perth, Australia

The Perth Start Court, at the Magistrates Court of Western Australia, aims to tackle the overrepresentation of people with mental illness in the WA criminal justice system ‘by addressing their offending behaviour as well as their mental health and psychosocial needs’ (Guidelines 2018: 4). The Start Court is a solution-focused adult mental health court that has been operating since 2013. It is the only full-time mental health court in Australia and provides a pre-sentence court-based intervention program for defendants who are experiencing a mental health issue in a specialist court environment with wrap-around supports including mental health assistance, drug and alcohol expertise and community support as they complete the Court program.

The collaborative conversation brings together the Start Court Magistrate, Consultant Psychiatrist and Clinical Nurse Manager, and legal academics to discuss a project they are working on to develop a research-driven framework for the Start Court.  The calibrated tool will address a broad range of Program outcomes (psycho-social, health and justice related) as well as Program processes and the relationship between outcomes and process. It will adopt a participatory research model which will allow staff and stakeholders to be part of a co-design process. The project will entail qualitative and quantitative dimensions including a survey, a series of workshops, discussions with staff and Program observation.


Biography:

  • Magistrate Zempilas

As a lawyer, Felicity Zempilas worked at the Aboriginal Legal Service, the Office of the Director of Public Prosecutions and as Counsel Assisting the State Coroner. Felicity was appointed as a Magistrate in August 2009 and worked in Kalgoorlie until early 2014, hearing matters involving criminal, civil, family and mining law over a broad geographical area. She then worked as a Magistrate in Perth, and, since the beginning of 2017, is the dedicated Magistrate in the Intellectual Disability Diversion Program Court and the Start (Mental Health) Court. She was awarded a Churchill Fellowship in 2017 to study mental health courts in the United States.

  • Dr Adam Brett

Consultant Psychiatrist, Start Court, Perth Magistrates Court

Bio to come

  • Mark Edmunds

Clinical Nurse Manager, Start Court, Perth Magistrates Court

Bio to come

  • Associate Professor Sarah Murray, UWA Law School

Dr Sarah Murray is an Associate Professor at the University of Western Australia where she researches in the areas of constitutional law and court innovation. She was awarded the Institute for Advanced Studies Distinguished Early Career and Fay Gale Fellowships for her work on Community Justice and her PhD was published as a monograph, The Remaking of the Courts – Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia (Federation Press, 2014).

  • Dr Tamara Tulich, UWA Law School

Dr Tamara Tulich is a Senior Lecturer in the School of Law at the University of Western Australia, and a founding member of the Aboriginal and Torres Strait Islander Peoples and Community Justice Centre. Tamara researches in the areas of preventive justice, anti-terror lawmaking and indefinite detention regimes. Tamara previously worked as a lawyer in the Mental Health Advocacy Service at NSW Legal Aid.

Psychiatrists in blue? A study of police officers’ perceptions of their role with persons with mental illness

Ms Jerneja Sveticic1, Prof  Susan Dennison1, Dr Carleen  Thompson1, Prof Anna Stewart1

1Griffith University, Mount Gravatt 4122, Australia

The conflict between ‘force’ and ‘service’ is often felt during police involvement in incidents which simultaneously require legalistic and service-oriented responses, such as mental health related calls.

This study explored police officers’ perception of this element of their role through the framework of role theory, specifically the role episode model. Officers from Queensland Police Service (N = 242) were surveyed on the scope of and attitudes toward their involvement with persons with mental illness (PMIs). The survey also identified relevant role senders (people or groups who impact officers’ role performance with PMIs), their role expectations, and role-related stress as a potential outcome of incongruent role expectations.

Participating officers estimated they spend around 25% of their time resolving incidents involving PMIs; the majority indicated this is more than police should be spending on these incidents. Officers on average identified four role senders, most commonly themselves, colleagues, and immediate supervisors. Significant discrepancies were noted between officers’ personal role expectations and a variety of external role senders. Officers reported experiencing low levels of role conflict and role ambiguity in relation to their involvement with PMIs; though the former was more frequent than the latter. Finally, almost 40% of officers stated that working with PMIs negatively influences their overall job satisfaction.

Results of this study fill a gap in the theoretical knowledge-base on mental health policing. Further, timely identification of incongruences between officers’ expectations and the realities of police duties can prevent role-related stress and thus contribute towards better outcomes for PMIs and police officers.


Biography:

Jerneja Sveticic BSc, MSc Psych (Hons) has worked as a mental health and suicide prevention researcher for over 10 years, with previous employments including academic and community settings. She currently works as a research officer at Gold Coast Mental Health and Specialist Services. She has a strong interest in exploring links between psychology and criminology, which has also guided her PhD studies. In her thesis, she explored police officers’ perceptions of the role they play in responding to calls for service involving people experiencing mental health crisis.

Sniffer dogs, social control and the infliction of harm: an analysis of the New South Wales strip search regime

Dr Michael Grewcock1

1UNSW Law, Sydney, Australia

This paper examines the significant escalation in the use of strip searches by police in NSW. It locates the increase within the expansion of police powers in NSW, particularly pertaining to public order and drugs, evidenced by recent amendments to the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA); the increased use of sniffer dogs across the public transport network and at music festivals; and the less visible surveillance and criminalisation of  Indigenous communities. It argues that the logics of disruption, surveillance and control underpin the exercise of police discretion and hollow out notions of reasonable suspicion. This, in turn, creates the conditions for the police to inflict a range of individual and social harms. Moreover, fundamental reforms are not likely to be achieved through legislative reform to instruments such as LEPRA in the absence of meaningful transparency and accountability, and serious political challenges to the assumptions underpinning police personal search practices. It also reflects on the experience of the Safe and Sound Campaign initiated by Redfern Legal Centre, for which the author co-authored a briefing paper to help background the campaign.


Biography:

Michael Grewcock teaches criminal law and criminology at the University of New South Wales. Prior to becoming an academic, he worked as a solicitor in London, specialising in criminal defence work, and as the Legal Policy Officer for the Howard League for Penal Reform. His main areas of research are state crime, border policing and criminal law. He is a co-author of David Brown et al, Criminal Laws (5th, 6th and forthcoming 7th editions), and has published widely on state crime, border policing and domestic policing. He is a member of the Editorial Board (and Reviews Editor) of State Crime and the International Advisory Board of the Howard Journal of Crime and Justice.

‘We never really sleep’: How South Sudanese Australian mothers in Victoria were impacted by the criminalization of their sons

Dr Sara Maher1

1Monash University, Clayton, Australia

This paper examines how South Sudanese Australian mothers in Victoria were impacted by the criminalization of their sons in the lead-up to the2018 Victorian State Election. Insight is provided by interviews with 17 mothers of boys and young men from the community conducted at the peak of this moral panic. Our analysis indicates that the incessant media coverage of ‘Apex’ and ‘African gangs’, together with racially charged political rhetoric and what was perceived to be an overzealous policing response, generated significant anxieties amongst participants about the safety of their children and their acceptance in Australian society. In response to these issues, mothers have developed strategies to protect their children that are counter-intuitive to their cultural beliefs and parenting practices.

Additionally, mothers believed their parenting and cultural practices have been misunderstood and misrepresented by government and non-government agencies. This was associated with interventions that were seen to exacerbate family breakdown and therefore contribute to youth criminality and anti-social behaviour, and the loss of cultural and family connection. From this analysis, we conclude that the criminalization of young South Sudanese Australians has put mothers under exceptional stress and undermined this community’s sense of inclusion and belonging in Australian society.


Biography:

Dr Maher’s research is built on a previous career in the refugee settlement sector in Melbourne. Her research interests include post-settlement for former refugee women, the gendered-impacts of state crime during war, the oral histories of forced migrations, transnationality and diasporas, and the criminalisation of migrant youth.

Gaining a toehold, losing your balance and regaining control: Investigating community strategies for countering corporate power.

Prof Fiona Haines1

1University Of Melbourne, Parkville, Australia

This paper interrogates different strategies deployed by communities in the control of corporate crime. It builds on previous work that explores the problems with understanding law and law enforcement as constituting the rules of the game governing business practice whilst also appreciating that both can provide useful strategies for communities countering egregious business conduct. In this paper, I explore the role played by communities claiming social authority over business conduct through an analysis of the social licence to operate. In this analysis, and drawing on data that analyses the protests against coal seam gas in New South Wales, I show how claims to a social licence reflect a similar problematic to that of law. That is, it can both provide a way for communities to assert their authority, but at the same time it can provide a lens through which companies discipline and shape community expectations. This work provides a useful complement to analysis that understands crime as a social property through interrogating the social licence as social property.


Biography:

Fiona Haines is Professor of Criminology at the University of Melbourne and Adjunct Professorial Fellow at the Australian National University. She has extensive expertise in white collar and corporate crime, globalisation and regulation. Her current projects include research in Indonesia and India analysing local grievances against multinational enterprises for human rights abuse, research in Australia analysing community protests against coal seam gas and analysing the intersection between social and environmental justice.

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