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In: Punishment & society, Band 9, Heft 4, S. 371-394
ISSN: 1741-3095
Sexual offending by young people is increasingly viewed as a social problem that requires a strong response, but there is little research on the legal treatment of youthful sex offenders. On the one hand, these youths may be viewed as potential future sex offenders; on the other hand, because of their youth and immaturity they may be considered more reformable than adults and their behaviour more excusable. This article builds on an archival study of 385 sexual offence cases, which were disposed in court and by conference and formal caution, in South Australia from 1995 to 2001. Drawing on the transcripts of 55 cases sentenced by judges (i.e. the most legally serious offences), we analyse sentencing discourses and outcomes using both the explicit and latent content of the sentencing remarks. Specifically, we explore the judges' orientations and aims when sentencing adolescent sex offenders, how judges reconcile the seriousness of offending and the youthfulness of offenders and how they balance the competing interests of victims and offenders. Two major findings emerge. First, the cases fell in a three-way typology patterned by the victims' age, the context of the offence and the offender's criminal history. Second, our study suggests that while youth court judges consider sexual offending against children as very serious and are concerned by future offending, they do not adopt a punitive approach, but rather a therapeutic and rehabilitative perspective at sentencing.
In: Broadhurst R., Bouhours T., & Bouhours B., 2018, 'Violence and Elias's Historical Sociology: The Case of Cambodia', British Journal of Criminology, Vol 58: 1420-1439: https://doi.org/10.1093/bjc/azx072.
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In: Violence and the Civilizing Process in Cambodia, Cambridge University Press, 2015
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In: Roderic Broadhurst, Thierry Bouhours and Brigitte Bouhours, Violence and the Civilising Process in Cambodia, Cambridge University Press, 2015
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It is extremely difficult to gauge the nature and extent of sorcery accusation–related violence (SARV) at a national level in any country. In part this is due to under-reporting and because official health and justice records do not typically monitor whether incidents are linked to sorcery accusations. Papua New Guinea poses particular challenges because of its language and cultural diversity, and poor reach and reliability of data collection in government services that respond to SARV. The vast majority of literature on SARV in Papua New Guinea is qualitative in nature, and most is localised, with very few quantitative studies. ; AusAID
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This article examines the backgrounds of traffickers in Cambodia: why they became involved in trafficking, how they operate, their earnings, and the criminal justice system's response to their activities. Our research draws from interviews with justice officials, NGOs, and detained alleged traffickers; and from a review of police and prison records. The results challenge alarmist claims about the high prevalence, profitability, or role of organized crime in human trafficking. In Cambodia, 80 percent of incarcerated traffickers are poor uneducated women who lack legitimate opportunities and whose unsophisticated illicit activities earn very little. We argue that the Cambodian government, in return for foreign aid, adopted a repressive law that defines human trafficking ineptly; in the hands of a dysfunctional justice system, the law has turned into an instrument of corruption and injustice against powerless individuals.
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This article examines the backgrounds of traffickers in Cambodia: why they became involved in trafficking, how they operate, their earnings, and the criminal justice system's response to their activities. Our research draws from interviews with justice officials, NGOs, and detained alleged traffickers; and from a review of police and prison records. The results challenge alarmist claims about the high prevalence, profitability, or role of organized crime in human trafficking. In Cambodia, 80 percent of incarcerated traffickers are poor uneducated women who lack legitimate opportunities and whose unsophisticated illicit activities earn very little. We argue that the Cambodian government, in return for foreign aid, adopted a repressive law that defines human trafficking ineptly; in the hands of a dysfunctional justice system, the law has turned into an instrument of corruption and injustice against powerless individuals.
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In: The annals of the American Academy of Political and Social Science, Band 653, Heft 1, S. 202-224
ISSN: 1552-3349
This article examines the backgrounds of traffickers in Cambodia: why they became involved in trafficking, how they operate, their earnings, and the criminal justice system's response to their activities. Our research draws from interviews with justice officials, NGOs, and detained alleged traffickers; and from a review of police and prison records. The results challenge alarmist claims about the high prevalence, profitability, or role of organized crime in human trafficking. In Cambodia, 80 percent of incarcerated traffickers are poor uneducated women who lack legitimate opportunities and whose unsophisticated illicit activities earn very little. We argue that the Cambodian government, in return for foreign aid, adopted a repressive law that defines human trafficking ineptly; in the hands of a dysfunctional justice system, the law has turned into an instrument of corruption and injustice against powerless individuals.
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