1,721,004 research outputs found
Understanding victim behaviour through offender behaviour typologies
No full textCriminology has long sought to define and understand criminal motivations. There has, however, been less attention paid to the motivations involved in “everyday” thought and behaviour that may place someone in harm’s way. This doesn’t mean that victims are somehow motivated to become victims, but they may behave in such a way that victimisation happens as a matter of course.\ud
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In the parlance of victimity, victim behaviour has often been referred to as either “victim facilitated” or “victim precipitated”. However, while some use these terms to explain the role of victim behaviour in relation to harm or loss, they actually do little to further our knowledge about the cognitive and behavioural milieu in which victimisation occurs. For example, a victim of homicide may precipitate the attack by violently confronting a partner (in retaliation for real or imagined wrongs). Another victim may facilitate domestic violence by not leaving their partner for financial reasons (“cannot afford to go out on my own”).\ud
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Far from blaming the victim, understanding the motivational nature of victim behaviour can be accomplished by juxtaposing motivations for offender behaviour. This presentation applies offender motivations to victim behaviours, and presents anecdotal and research support for this approach
Contemporary penality in the shadow of colonial patriarchy
Full text linkImprisonment in Australia has been a growing industry and large numbers of vulnerable people find themselves in a state of serial incarceration. Women and Aboriginal and Torres Strait Islander peoples in particular have experienced rapidly expanding imprisonment rates over recent decades. Our argument is this article is relatively straightforward: to understand contemporary penal culture and in particular its severity and excess in relation to Indigenous people and women, we need to draw upon an understanding of the dynamics of colonial patriarchy. Although at a micro level, specific legislation and policy changes have negatively impacted on the imprisonment of vulnerable groups, it is within a broader context of the strategies and techniques of colonial patriarchy that we can understand why it is that particular social groups appear to become the targets of penal excess
A time to be heard: Sudanese Australian voices about criminal and social justice matters
No full text[Extract] The seeds for this researchc were sown when two north Queensland academics (Coventry and Dawes, 2006) responded to a raft of media reports about "community concerns" relating to Sudanese refugees and the problems they encountered while integrating into Australian society. Some of these reports by academics such as Associate Professor Andrew Fraser suggested that Sudanese were inherently more criminogenic and possessed lower IQS than other Australians. These assertions were supported by other academics like Dr Jim Saleam (linked to a group called hte Concerned Citizens Collective and previously conviced of shooting another prominant African) who claimed that refugee migration into Australia was a recipe for widespread social upheaval because such peoples came from 'utterly fracutured societies wherer the use of the gunand the knife is the common way to settle disputes' (ABC News, 2005). Within this context, Sudanese Australians were demonised and represented as a fundamental threat to law and order in Australian society (Colic-Peisker and Tilubry, 2008)
Establishing liability for police negligence: a comparison of approaches in Australia, Canada, New Zealand and the United Kingdom
Get PDFThe effectiveness of the law to provide compensation and accountability to victims of police negligence varies across the common law jurisdictions of Australia, Canada, New Zealand and the United Kingdom. Partly this is due to different conceptualisations of the role of police investigative work and the relevance of policy considerations to the existence and scope of the duty of care owed by police to individual members of the public. Partly it is due to the different tests that have been established for duty determinations in novel situations. The purpose of this paper is to analyse and compare the socio-legal aspects of police negligence litigation in Australia, New Zealand, Canada and the United Kingdom. The contrasting approaches of the United Kingdom (where protection of police from liability is arguably at its highest) and Canada (where there is limited protection of police from liability) will be used to assess the developing approach to police negligence in Australia, where recent litigation has highlighted continued uncertainty
Drinking, driving and causing injury: the position of the passenger of an intoxicated driver
No full textBeing a guest passenger in a motor vehicle with an alcohol impaired driver carries substantial risk of personal injury. No one would doubt that where an accident results, both the passenger and the driver should take responsibility for the ensuing injuries. Under existing common law principles and recent legislative reforms however, there is a possibility that the alcohol impaired defendant driver may be able to avoid liability altogether. This article explores the various defences that the driver may raise and argues that defences which absolve the defendant from all liability should be abandoned and that contributory negligence remains the most appropriate means of providing a just and socially acceptable outcome for both the driver and guest passenger
Drinking, driving and causing injury: the position of the passenger of an intoxicated driver
Get PDFBeing a guest passenger in a motor vehicle with an alcohol impaired driver carries substantial risk of personal injury. No one would doubt that where an accident results, both the passenger and the driver should take responsibility for the ensuing injuries. Under existing common law principles and recent legislative reforms however, there is a possibility that the alcohol impaired defendant driver may be able to avoid liability altogether. This article explores the various defences that the driver may raise and argues that defences which absolve the defendant from all liability should be abandoned and that contributory negligence remains the most appropriate means of providing a just and socially acceptable outcome for both the driver and guest passenger
Law Briefs: torts
Get PDFThis text provides an overview of the most significant torts. after an introductory chapter, which defines trots and traces their historical development, the book is divided into three main parts. The first section covers intentional torts, trespass to the person, goods and land and considers how torts may provide protection from an invasion of privacy. The second and largest part of the book deals with the tort of negligence including duty of care, breach of duty, causation, defences to negligence and damages. In the final section a number of miscellaneous torts are dealt with including nuisance, breach of statutory duty and defamation. Mind maps are provided at the end of each chapter to provide a visual explanation of the topics discussed
Torts
No full textUnlike many other core areas of law that students are required to study in their degree, the law of torts consists of a number of distinct civil wrongs. It is for this reason that defining exactly what amounts to a tort has proved difficult. Many commentators prefer to define torts in the negative, by comparing and distinguishing torts from other actions with similar features, such as contract law and criminal law. Others prefer to define torts by considering the types of interests the law of torts seeks to protect. In general terms, torts law provides a right to compensation where one person wrongfully breaches a duty or obligation that has been imposed by the law (rather than the parties themselves) for the protection of another
Lessons learned; accountability and closure: is the coronial process providing what is needed to Indigenous communities?
Get PDFOn Friday the 14 October 2005, the Department of Immigration and Multicultural and Indigenous Affairs (‘DIMIA’) owned monitoring vessel, the Malu Sara, sunk while travelling from Sabai Island to Badu Island in the Torres Strait. All five of the people on board, including two Indigenous Departmental officers and three passengers drowned. The findings of the coronial inquest into the loss of the vessel confirms that the tragedy was entirely preventable and highlights the appalling and parlous state of services provided to Indigenous and Torres Strait Islander persons living in remote communities. From the commissioning of vessels, to the building and inspection process, to the training of Movement Monitoring Officers, to the response to the calls for assistance, through to the initial investigation into the loss of the vessel, the tragedy is riddled with incompetence, apathy, racially motivated and inappropriate assumptions and a lack of accountability.
For the Indigenous communities involved who are seeking answers including how the tragedy was allowed to occur, how such occurrences in their communities will be prevented in the future, and whether parties involved will be held to account for their conduct; questions remain as to whether the coronial process in Queensland are able to adequately address such concerns. Using the Malu Sara inquest as a case study, this paper will look at how provisions
under the Coroners Act 2003 (Qld) have recently been interpreted and applied, with particular emphasis on the intersection between the role of the Coroner and the criminal process
Torts
Get PDFUnlike many other core areas of law that students are required to study in their degree, the law of torts consists of a number of distinct civil wrongs. It is for this reason that defining exactly what amounts to a tort has proved difficult. Many commentators prefer to define torts in the negative, by comparing and distinguishing torts from other actions with similar features, such as contract law and criminal law. Others prefer to define torts by considering the types of interests the law of torts seeks to protect. In general terms, torts law provides a right to compensation where one person wrongfully breaches a duty or obligation that has been imposed by the law (rather than the parties themselves) for the protection of another
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