Suchergebnisse

In 2005 in the Australian state of Victoria, significant changes were made to the defences to homicide. These reforms were in response to long standing concerns about the gendered operation of provocation and self-defence by feminist researchers and advocates, Law Reform Commissions, the media and political pressures. This paper critically examines the reforms and the extent to which they have addressed these varied concerns and interests. The paper argues that these important law reforms have challenged some of the powerful narratives being used in the courts that minimise the existence and significance of family violence in intimate relationships. We see this particularly in judicial sentencing remarks. However, law reform must be accompanied by a shift in legal culture to be effective in practice. To this end, we argue that legal professionals need to have information about how to utilise the new family violence provisions as well as ongoing training and professional development to promote consistent understandings of family violence across the criminal justice system.

In 2005 in the Australian state of Victoria, significant changes were made to the defences to homicide. These reforms were in response to long standing concerns about the gendered operation of provocation and self-defence by feminist researchers and advocates, Law Reform Commissions, the media and political pressures.This paper critically examines the reforms and the extent to which they have addressed these varied concerns and interests. The paper argues that these important law reforms have challenged some of the powerful narratives being used in the courts that minimise the existence and significance of family violence in intimate relationships. We see this particularly in judicial sentencing remarks. However, law reform must be accompanied by a shift in legal culture to be effective in practice. To this end, we argue that legal professionals need to have information about how to utilise the new family violence provisions as well as ongoing training and professional development to promote consistent understandings of family violence across the criminal justice system.

In 2005, the Australian State of Victoria abolished the controversial partial defence of provocation. Part of the impetus for the reforms was to challenge provocation's victim-blaming narratives and the defence's tendency to excuse men's violence against intimate partners. However, concerns were also expressed that these narratives and excuses would simply reappear at the sentencing stage when men who had killed intimate partners were convicted of murder or manslaughter. This article analyses post-provocation sentencing judgments, reviewing cases over the 10-year period since the reforms in order to determine whether these concerns have been borne out. The analysis suggests that at the level of sentencing outcomes they have not been borne out, although at the level of discourse the picture is more mixed. While sentencing narratives continue to reproduce the language of provocation, at the same time, post-provocation sentencing appears to provide opportunities for feminist judging – picking up on the spirit of the reforms – which have been taken up by some judges more than others.

The victims of filicide in the context of parental separation and divorce have recently been identified as the largest group among all filicide victims in Australia. Nevertheless, research into this group of victims has been sparse, fragmentary and contradictory, with the consequence that confusion has prevailed. This article critically reflects on the existing research on filicide and argues that it has been insufficiently comprehensive and reliable and, therefore, is not suitable for use as a knowledge base for professional individuals, programmatic and policy interventions, and prevention. The article suggests ways of developing more reliable research for knowledge building and details the data developed so far that underpins their recommendations for a national programme of research.

Intro -- Dedication -- Preface -- Part I: Incidence -- Part II: Explaining Filicide -- Part III: Intervention and Prevention -- Acknowledgements -- Contents -- List of Figures -- List of Tables -- Part I: Incidence -- 1: Canadian Trends in Filicide by Gender of the Accused, 1961-2011 -- 1.1 Introduction -- 1.2 Prior Research on Gender and Filicide -- 1.2.1 Socio-Demographic Characteristics of Filicide Accused and Their Victims -- 1.2.1.1 Perpetrators -- 1.2.1.2 Victims -- 1.2.2 Situational Characteristics in Filicide -- 1.2.3 Explaining Filicide -- 1.3 The Current Study -- 1.3.1 Data Source and Sample -- 1.3.2 Results -- 1.3.2.1 Temporal and Geographic Trends -- 1.3.2.2 Socio-Demographic Characteristics -- Age of Accused by Gender -- Marital Status by Gender of Accused -- Gender of Victim -- Age of Victim -- Relationship -- 1.3.2.3 Incident Characteristics -- Cause of Death -- Motive -- History of Family Violence -- Clearance Status -- Charge Laid or Recommended -- 1.4 Discussion and Conclusion -- 1.4.1 Emerging Trends in Maternal and Paternal Filicide -- 1.4.1.1 Increasing Gender Gap in Accused -- 1.4.1.2 Increasing Proportion of Accused Experiencing Relationship Breakdown -- 1.4.1.3 Increasing Proportion of Filicidal Stepfathers -- 1.4.1.4 Increasing Presence of Prior History of Family Violence -- 1.4.1.5 Decreases in Filicide-Suicide Cases -- 1.4.2 Further Implications for Future Research to Inform Intervention and Prevention -- References -- 2: The Incidence of Filicide in Chile: A Study of the Years 2010-2012 -- 2.1 Introduction -- 2.2 Historical Background and Chilean Context -- 2.3 Conceptual Framework -- 2.3.1 Altruistic Filicide -- 2.3.2 Filicide of an Unwanted Child -- 2.3.3 Fatal Maltreatment -- 2.3.4 Acute Psychotic Filicide -- 2.3.5 Revenge Filicide -- 2.4 Incidence Statistics of Filicide in Chile

Women's rates of remand, or pre-trial detention, have grown dramatically in Australia and the rates at which Aboriginal and Torres Strait Islander women are incarcerated without conviction are particularly high. However, there is little research examining bail and remand practices and their relationship to social inequalities. This article presents findings from research on the drivers behind women's increasing rates of custodial remand in Victoria—a jurisdiction that has significantly restricted access to bail through legislative reforms. Drawing on data derived from interviews with criminal defence and duty lawyers, we outline how bail and remand practices systematically disadvantage women experiencing housing insecurity and domestic and family violence (DFV), increasing their risk of becoming trapped in longer-term cycles of incarceration. Our analysis reinforces the need to move away from 'tough on crime' approaches to bail. It also highlights unintended consequences of DFV reforms, including further marginalising and punishing criminalised women who are victim-survivors.

Women's rates of remand, or pre-trial detention, have grown dramatically in Australia and the rates at which Aboriginal and Torres Strait Islander women are incarcerated without conviction are particularly high. However, there is little research examining bail and remand practices and their relationship to social inequalities. This article presents findings from research on the drivers behind women's increasing rates of custodial remand in Victoria—a jurisdiction that has significantly restricted access to bail through legislative reforms. Drawing on data derived from interviews with criminal defence and duty lawyers, we outline how bail and remand practices systematically disadvantage women experiencing housing insecurity and domestic and family violence (DFV), increasing their risk of becoming trapped in longer-term cycles of incarceration. Our analysis reinforces the need to move away from 'tough on crime' approaches to bail. It also highlights unintended consequences of DFV reforms, including further marginalising and punishing criminalised women who are victim-survivors.

AbstractA filicide death, meaning the killing of a child by their parent or equivalent guardian, is a tragic event. Sadly, a UK study suggests Australia has the fourth highest rate of filicide among similar developed nations. Since Australian research studies on the incidence of filicide, or indeed on any other aspect of the problem, are limited, it is impossible to know if this finding is correct or not. However, in the last several years more research on filicide has emerged in Australia and by reviewing the recent research in detail, this article develops an integrated analysis of Australian filicide research and contributes to the knowledge bank on Australian filicide that can be used by professionals undertaking practice and research in intervention and prevention. Analysis of the studies shows one child dies at the hands of a parent every fortnight and that this number has not changed for many years. The analysis identifies the profiles of victims and perpetrators. The constellation of circumstances and stressors associated with each of the parental perpetrator groups is discussed, including the perpetrators' contact with, and mostly unsuccessful use of, services. Based on the analysis, a way forward to prevention is proposed.

This article discusses findings from an ethnographic study of a bail and remand court in Victoria, Australia. Through a focus on the sensory dimensions of forced movements within and through the bail court, the article contributes to the burgeoning sub-field of sensory criminology and develops the concept of 'carceral churn'. The article argues that the bail court's churn reproduces criminal and carceral subjects and is implicated in a project of carceral buildup. The churn of the bail court involves forms of mobility and exchange via the inter- and intra-carceral spaces that variously dull, distort, deprive or assault the senses with oppressive effects. This includes both 'new' and 'old' penal technologies such as holding cells, the custody dock, AV links and court-prison transport. The analysis of sensory violence challenges the notion that court 'efficiency' can improve justice experiences and outcomes and instead calls for increased attention to the harms and lethality that flow from carceral churn left un-checked.

[Extract]This research project was commissioned by the Commonwealth Attorney‐General's Department, Canberra, and sought to discover the impact of family violence during and after (parental) relationship breakdown, from the perspective of children and parents, and the impact of the amendments to the Australian Family Law Act 1975 implemented by the Family Law Amendment (Shared Parental Responsibility Act) 2006. Specifically our brief was to discover parents and children's perspectives on: 1. the effect that a history of or existence of violence within the relationship has on the decisions that people make about accessing the courts and dispute resolution services 2. the effect that a history of or the existence of violence within a relationship has on the decisions people make while they are at courts and at dispute resolution services 3. the effect that a history of or the existence of violence within a relationship has on post-separation parenting arrangements. To inform the research process, the researchers first of all conducted a review of the literature. Research Background: This research project was commissioned by the Commonwealth Government Attorney-General's Department in relation to the operation of the family law jurisdiction. Research Contribution: The research aimed to discover parents' and children's perspectives on: 1. the effect that a history/the existence of violence within the relationship has on decisions that people make about accessing the courts and dispute resolution services; 2. the effect that a history/the existence of violence within a relationship has on decisions people make while they are at courts and dispute resolution services; 3. the effect that a history/the existence of violence within a relationship has on past-separation parenting arrangements. Research Significance: The research sought to discover the impact of family violence during and after (parental) relationship breakdown, from the perspective of children and parents, and the impact of the amendments to the Australian Family Law Act 1975 implemented by the Family Law Amendment (Shared Parental Responsibility) Act 2006.