25/1/17
CrimNet
Sydney Institute of Criminology
CrimNet is an electronic criminal justice information network, sponsored by the Sydney Institute of Criminology. It aims to fulfil the need for a means of regular and instant communication between criminal justice professionals, practitioners, academics and students in Australia and overseas.
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CSU Researchers to Examine Care-to-Crime Pathways for Children and Youth

Charles Sturt University (CSU) researchers have been awarded a national grant to investigate why the Australian welfare and justice systems are turning some of the most vulnerable children into criminals. Dr Kath McFarlane is working with Dr Emma Colvin and Associate Professor Alison Gerard from the CSU Centre for Law and Justice and Dr Andrew McGrath from the University's School of Psychology, to examine why children in out-of-home care become involved in crime.

"Children in residential care in particular are disproportionately represented in the criminal justice system in NSW, Australia and internationally," Dr McFarlane said. "Recent research shows children in care are more likely to enter the justice system at an early age, to progress quickly through the justice system, to be breached for non-compliance with bail conditions and to be remanded in custody than other children."

Dr McFarlane also cited CSU research that has found police are called daily to residential care facilities to manage disputes that are largely minor offences or that would be unlikely to attract the attention of police if they occurred at home.

"We now need to find out how and why this happens, and how to prevent this care-to-crime pathway. It is completely unacceptable that these children are much more likely to go to jail than to go to university. It is not good enough to just blame the young people, when we know that our welfare and justice systems are actually leading them into crime," Dr McFarlane said.

Dr McFarlane has examined the care to crime pathway for her PhD studies at the University of NSW. She has continued this work since joining CSU, where she and her colleagues have conducted research with care providers, police officers and lawyers in Bathurst, Orange and Dubbo as well as in metropolitan areas.

As part of her latest project, the research group will interview magistrates and judges who deal with vulnerable children to identify reasons for their involvement with the justice system and investigate what can be done about the problem. Interviewees will come from the Central West, Central Coast and Western Sydney regions in NSW.

The team will also review past cases and view current proceedings as part of the study. The project  is funded by the Criminology Research Advisory Council through its Criminology Research Grant program. A report is due to be published in 2018.

In addition, Dr McFarlane will travel to the United Kingdom to interviews judicial officers, carers and child advocates to gain an international perspective on the criminalisation of children in similar circumstances.

"We are grateful that the Criminology Research Advisory Council has recognised the importance of this research. We owe it to children in out of home care to understand what drives them into the justice system, so that we can do whatever is necessary to break this wasteful, unnecessary pathway," Dr McFarlane said.

The research project is titled "Children in Out-Of-Home-Care (OOHC) in the criminal justice system: The view of Frontline Criminal Justice Professionals".

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Upcoming Events
Safer Communities, Safer Relationships Conference - Prato, Italy

Date: 4–6 October 2017
Location: Prato, Italy

This international conference, co-hosted by Professor Rosemary Sheehan AM (Department of Social Work, Monash University) and Professor James Ogloff AM, brings together policy contributors, interdisciplinary practitioners, decision makers, advocates, and researchers to examine various aspects of serious offending and violence. The aim of the conference is to share research, practice and policy developments; to stimulate critical examination of the multifaceted causal issues; and to foster ongoing learning and collaborations.

The conference will give particular attention to the following themes:

- Understanding violence and other serious offences Desistance from crime and community reintegration
- Effective law and policy developments for managing and reducing offending Intimate partner and family violence
- Solutions for severe and persistent young offenders ‘Crossover kids’ – from protection to offending Origins of violence and its life course
- Neurobiology of violence
- Mental illness, substance misuse, disability and violence Effective interventions with perpetrators
- Family law Child protection

Abstracts are now invited on these themes and other relevant topics. Submission instructions and a list of keynote speakers are on the conference website.

The ‘Strange’ Story of Daniel M’Naghten and the M’Naghten Rules
Date: 12PM, 21 February 2017
Location: the Tumbalong room of the NSW Ministry of Health, Sydney

This presentation - given by Institute member Dr Arlie Loughnan - examines the fascinating story of M’Naghten’s Case and the subsequent development of the M’Naghten Rules, which provide the basis for the mental illness defence in NSW (and elsewhere). In 1843, on a busy London street, Daniel M’Naghten shot and killed Edward Drummond, Private Secretary to the Prime Minister, Sir Robert Peel, a crime which generated extensive public and political debate throughout the UK. This debate reveals both the controversy surrounding the case, and the depth and relative sophistication of the discussion about the criminal law of insanity, and process and punishment, at that time. M’Naghten’s crime also gave rise to the famous M’Naghten Rules which have had such a profound effect on the criminal law. In this presentation, it is suggested that the combination of three factors – the manner in which the Rules were created, the use of pseudo-scientific terms within the Rules, and their dependency on the special verdict which ties successful use of the insanity defence to disposition – together with a lack of political will to institute reform explains the remarkable durability of M’Naghten

About the Speaker:

Dr Arlie Loughnan is Associate Professor in the University of Sydney Law School. Her current research project, Responsibility in Criminal Law is supported by the Australian Research Council (No. DE130100418). This project examines criminal responsibility from a socio-historical perspective, setting developments in the law against extra-legal developments in responsibility norms and practices.

Arlie is also the author of Manifest Madness: Mental Incapacity in Criminal Law (Oxford University Press, 2012). This book examines the terrain of mental incapacity in criminal law, tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and medical and social understanding of mental disorder and incapacity.


Please RSVP by Friday 3 February 2017, by emailing Lisa Schonstein at lscho@doh.health.nsw.gov.au.
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New Courses
Forensic & Applied Victimology
Date: 28-30 April 2017
Location: Bond University, Robina, QLD

Hosted by Forensic Analytic this three day course will provide a holistic theoretical and practical understanding of the role of the victim in a variety of contexts.  Participants will learn about an approach to understanding victimity through the lens of social science covering a number of topics including; applied crime analysis, victim precipitation, solvability and homicide, victim motivations, and more. 

There will two amazing key note speakers:
  • Dr. Wayne Petherick - forensic criminologist and is currently      Associate Professor of Criminology at Bond University, and principal at Forensic Analytic.  In addition to teaching and research, Wayne works on cases from risk and threat, to stalking, sexual assault, and homicide.  These are for private clients, legal professionals, and various criminal justice agencies.  Wayne has lectured in Australia and many states of the U.S.A in the areas of criminal motivations, forensic victimology, criminal profiling, applied crime analysis, stalking, sexual assault, and homicide (including multiple homicide). He has written a number of journal articles and textbooks, his newest ‘The Psychology of Criminal and Antisocial Behaviour’ is to be released in the coming days. 
  • Dr. Amber McKinley - an Applied Victimologist and subject co-ordinator for JST311 Evidence and Investigation and JST345      Police and Victims at Charles Sturt University's (CSU) Australian Graduate  School of Policing and Security. She holds a Bachelor of Liberal Studies, a Masters of Criminal Justice and a Doctor of Philosophy. Her thesis investigated Homicide Solvability Factors and Applied Victimology in New South Wales from 1994 – 2013. Amber is also a Squadron Leader (Specialist Reserve) in the Royal Australian Air Force and consults with the Australia Defence Force Investigative Service. She teaches and researches an array of topics, including applied and forensic victimology, homicide, solvability and clearance rates, police investigations of serious crimes and the changing homicide typologies.  Amber's current research projects are focused on aspects of multi-agency and trauma-informed victim care in police investigations.
For further information or to register, please contact Natasha at natasha@forensicanalytic.com
New University of Sydney Courses
This year, the University of Sydney will be introducing two new courses: Criminal Law: History and Theory (LAWS6350) and Criminal Law and Markets (LAWS6348)

Criminal Law: History and Theory critically examines the development of the modern criminal law and process (broadly, since end eighteenth century). In terms of process, topics to be considered may include the development of the adversarial trial system, the decline of capital punishment, the formalization of rules of evidence and proof, the growth of the summary jurisdiction, and the appearance of ‘hybrid’ civil/criminal procedural forms. In terms of criminal law, topics may include non-fatal offences against the person, sexual offences, possession and ‘endangerment’ offences. The discussion of these topics is set in the context of legal scholarly discourse (criminal law theory) and the unit provides opportunity for reflection on the contemporary challenges of coordination and legitimation facing the criminal law. This unit adopts an explicitly critical socio-historical approach to the study of law. Discussion of relevant legal theoretical scholarship forms a core part of the subject matter of the unit.

Criminal Law and Markets will be an investigation of the relationship between the criminal law and the market and will seek to investigate the question of how criminal law has understood and regulated markets in the modern period. It will have three main components. The first would be to look at the rise of a new type of market crime in the period since the mid-1980s. This development began with scandals into ‘insider dealing’ or ‘insider trading’ and more recently has seen the development of general crimes of ‘market abuse’ or conduct which undermines the integrity of markets. We will look at the reasons behind this recent resort to criminal law. The second theme will be to set this in historical context. The development of the modern criminal law is usually understood in terms of the withdrawal of criminal law from market regulation as, in the early years of the nineteenth century, crimes such as forestalling and regrating were abolished on the grounds that markets were self regulating and that the criminal law should not intervene in market mechanisms. This will look at the re-emergence of forms of financial crime in the mid-nineteenth century in response to scandals around speculation on the railway boom and banking, and then at the development of certain ‘economic crimes’ related to revenue and the state in the twentieth century. The third part will then look at theoretical dimensions of the question, looking more generally at how the relationship between markets and civil order has been conceived in modernity.

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Recent Publications
Homicide and the night-time economy

By Stephen Tomsen and Jason Payne

This study finds no evidence of a substantial concentration of homicides in specific night-time leisure areas. Homicides are, however, both directly and indirectly related to the night-time economy, with indirectly related incidents outweighing others. This finding affirms the need to persist with strategies to limit intoxication associated with night-time leisure, and further explore ways to control the sale of and access to alcohol in the general community.

This publication is available here.

Reflexivity and Criminal Justice: Intersections of Policy, Practice and Research
Edited by Sarah Armstrong, Jarrett Blaustein (Monash University), and Alistair Henry

This book brings together an original and diverse set of international case studies and theoretical reflections on the dynamics of criminologists’ engagement in research in association with practitioners and policy makers.

Sydney University’s Elaine Fishwick, an active participant in the Institute's work, has a chapter in the book. It provides a critical reflexive perspective on juvenile justice policy development in NSW. Utilising the tools of complexity theory she examines the influence of the NSW Youth Justice Coalition (YJC) and other policy makers on policy and law reform from 1990-2005 and integrates an examination of her own participation in the policy process as a member of the YJC.

Other chapters address issues of research ethics, methodology, working with different criminal justice and penal agencies, the limits of reflexivity and much more. Published by Palgrave Macmillan, the details of this innovative book can be found here.
A Quick Guide to Sentencing - updated edition
By the Victoria Sentencing Advisory Council

A Quick Guide to Sentencing, the Council’s most popular publication, has been revised to reflect recent changes to Victorian sentencing law.

Now in its third edition, A Quick Guide to Sentencing explains the where, when, what, and how of sentencing in Victoria. It considers sentencing for both adults and children and contains a glossary of key sentencing terms and concepts.

The new edition of A Quick Guide to Sentencing is available from the Council's website.
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Job Advertisements
Lecturer(s) in Criminology (Level B and C, continuing) at ANU

The ANU College of Arts and Social Sciences invites applications from high quality candidates in Criminology and related fields of teaching and research. Situated in the Centre for Social Research and Methods (CSRM), the Criminology Program is a multidisciplinary group undertaking applied empirical research and providing high quality contemporary undergraduate training in criminology.

Candidates from a range of disciplinary backgrounds, including criminology, crime science, psychology, sociology, economics, computer science or statistics are encouraged to apply.

Applications close 1 March, 2017.  For more information and to apply, please visit the ANU Jobs website.

Associate Professor in Criminology - University of New England - Armidale, NSW
• Continuing, full-time
• $ 133,123 to $ 146,545 per annum (Level D)
• Plus 17% employer superannuation. Salary packaging options are available.
• Relocation assistance provided

Applications are invited for the position of Associate Professor in Criminology. The appointee will join an enthusiastic and innovative team who specialise in areas of rural crime, forensic criminology, policing, penology, international crime, social justice, and crime and tourism. The
incumbent will be responsible for the ongoing development, teaching and coordination of units within the Bachelor of Criminology degree program, provide honours and higher degree by research (HDR) supervision, and take on leadership and various administrative/service roles within the discipline and the wider university. The appointee will also be expected to undertake research in Criminology, supported where possible by external funds, and publish in high quality, peer-reviewed journals.


To discuss this role please contact Dr Jenny Wise, Senior Lecturer in Criminology: phone 02 6773 4286 or email jwise7@une.edu.au. Applications close on 26 February 2017.
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Student Opportunities
Applications open for Sydney Institute of Criminology semester 1 internships!
The Institute’s internship program is open to LLB, JD and Masters of Criminology students of the Sydney Law School. The program is undertaken on a pro-bono basis. Interns must be available to work 10 full days over semester 1.

The internship program will be of interest to students seeking to gain experience in an organisation devoted to research and public policy in the area of criminal justice. Interns will be provided with the opportunity to participate in a broad range of Institute activities and to interact, both formally and informally, with Institute staff members.

To apply, please send a cover letter, CV, copy of your academic transcript, writing sample, and details of two academic referees to law.criminology@sydney.edu.au.

Applications for the semester 1 internship close at 5pm Friday 24 February 2017. For more information, please visit the Institute's website.
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