Zeitschriftenartikel zum Thema „Sex discrimination in criminal justice administration“

In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society. Because discrimination in so many areas—from the classroom, to the workforce, to the marketplace—perpetuates the inequality we see in our justice system. And for those already living paycheck-to-paycheck, a single incident—whether an arrest by the police or a fine by the court—can set off a downward spiral. It can lead to a cycle of profound problems that ruin lives and tear apart families. Problems like losing your health care, your job, your children, or your home. As someone who focuses on civil rights work and criminal justice reform, I see these problems every day. But today in America, I also see a country on the cusp of change. Across a wide range of political perspectives, policymakers and advocates have come together to bridge divides and support meaningful criminal justice reform. And I’m proud to say that this administration—and this Department of Justice—has made criminal justice reform a top priority. We believe that our country needs, and deserves, a criminal justice system that more effectively protects our communities, more fairly treats our people, and more prudently spends our resources. And we believe that no matter how deeply rooted and long-standing the injustices that underlie inequality in our criminal justice system—with clear thinking, hard work and collaboration—we can make real progress.

Indonesia uses Pancasila Democracy as the main foundation as well as a source of law in the nation and state (staatfundamentalnorm). One of the sounds of the 5th principle of Pancasila is, "Social Justice for All Indonesian People" which means fair to fellow human beings, fair to oneself and fair to God (Pancasila Justice Value). The purpose of this justice in particular must cover the growing system of exploitation of authority and ambiguity in the shipping world from the strong to the weak and must also narrow the socio-economic gap in the lives of seafarers, so that prosperity is achieved that reflects that Indonesia deserves to be called a World Maritime Axis Country as in history. Srivijaya & Majapahit. However, the fair principle has not been fully enforced and there is discrimination, especially the application of several articles in Act No. 17 of 2008 concerning Shipping. This research is a qualitative research with constructivism paradigm and sociological juridical approach. The formulation of the problem in this thesis are; 1) Why is Act No.17 of 2008 concerning Shipping in the Indonesian Sea Transportation System Not Fairly Pancasila?, 2) What are the Weaknesses of Act No.17 of 2008 concerning Shipping that Affects the Suboptimal Sea Transportation System in the Success of the Toll Program Sea and Shipping Administration in Indonesia?, and 3) How to Reconstruct Act No. 17 of 2008 concerning Shipping in the Sea Transportation System for the Success of the Sea Toll Program and Improvement of Indonesian Shipping Administration based on Pancasila Justice Value? The purpose of writing this thesis is to reconstruct several articles in Act No. 17 of 2008 concerning Shipping which contain weaknesses in the Sea Transportation System for the Success of the Sea Toll Program and the Improvement of Indonesian Shipping Administration Based on Pancasila Justice Value. The results of this research are that there are several reconstructions of articles, namely Article 28 paragraph (6) in terms of granting ship operating permits held by the Directorate General, Syahbandar and specifically ASDP by the Land Transportation Management Center (BPTD), Article 59 is reconstructed with the addition of revocation of one's authority to become a crew member in the event of a serious criminal offense. Article 61, paragraph (3) is reconstructed with the addition of ship requirements and specifications. Article 151 (1) is reconstructed with the addition of a paragraph that regulates the affirmation of the welfare of seafarers and Article 169 (1) is reconstructed by giving criminal sanctions not only administrative sanctions. It is hoped that with this reconstruction the Sea Transportation system in the Sea Toll Program will be able to improve the Shipping Administration System in Pancasila Justice Value.

Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and initiatives. Using administrative and other data, it finds that among a host of petition-based second chance opportunities, to shorten sentences, restore one’s vote, and clear one’s criminal convictions, only a small fraction (less than 10 percent) of those eligible for relief actually received it. Extrapolating based on a novel analysis of around sixty thousand criminal histories of persons primarily seeking gig-economy work and of the expungement laws governing nonconvictions of all fifty states applying the nonconviction expungement laws of all fifty states to around sixty thousand criminal histories of persons primarily seeking gig-economy work, this study estimates that at least twenty to thirty million American adults, or 30–40 percent of those with criminal records, fall into the “second chance expungement gap,” living burdened with criminal records that persist despite appearing to partially or fully clearable under existing law. These findings suggest that tens of millions of Americans are stuck in a paper prison, held back by deficiencies in the administration of second chances that have left them incarcerated, disenfranchised, or burdened by convictions beyond what the law requires. Some of the barriers to relief are structural and related to debt, overburdened bureaucracies, and the contested nature of second chance rules that unwind past judgments and policies. But others are harder to see and stem from administrative failures like unworkable standards, missing and incomplete criminal justice information (“dirty data”), a lack of awareness of second chance opportunities, and costly and complex processes. Fixing them—by moving administrative burdens from the defendant and onto the state and algorithms through automation, standardization, and ruthless iteration—can narrow the gap. Leveraging them, “Clean Slate” initiatives to automatically clear eligible criminal records can have the potential to help the millions of Americans in the second chance expungement gap. However, the ability of such second chance initiatives to improve outcomes depends on how they are implemented. Debt-related barriers and dirty data can contribute to incomplete automation, leading to “second second chance gaps.” In the realm of expungement, application of the expungement criteria to minor but not major offenses can also have the effect of exacerbating, not narrowing, existing racial disparities within the population of people with records, while improving them within the general population. Further research is needed to understand the impact of automated clearance under different scenarios, such as when the defendant is not notified of the relief received or there is a risk of statistical discrimination making things worse, not better. Overall, however, though other hurdles may remain, automation can remove the unfair collateral punishments, not steel bars, holding back tens of millions of Americans.

Contemporary Queensland has a flourishing GLBTIQ (gay, lesbian, bisexual, transgender, intersex and queer) scene which, although still suffering from discrimination in a society that is premised around a heterosexual norm, is a far cry from the years before 1990 when male homosexuality was a criminal offence. The queer generation has largely moved beyond binaries in gender and sexuality, and at dance parties there is a blending of cultures that knows few of the old boundaries. These new freedoms to express sexuality mean that relationships develop more easily with less fear of opprobrium. Classified advertisements in newspapers and on the internet, sex-on-premises venues and cybersex are all available to facilitate physical desires and as ways of meeting a possible future partner. Yet if one were to survey young gay men today, how many would know that between 1900 and 1990 a sodomy conviction could carry a prison sentence of up to 14 years with hard labour? Or that engaging in ‘gross indecency’ in public or private (usually oral sex or masturbation) could receive three years with hard labour? How many would know that the death penalty for sodomy was removed in 1865 or that between that year and 1899 the sentence for anal intercourse was 10 years to life imprisonment?

Society has undergone an entire evolution in the field of criminal penalties, as people want to avoid, or ideally to extinguish, crime and consequent victimization. However, the human nature would hardly allow such utopian society to prevail. Hence, as individuals, we do have codes and bylaws that govern our society. The number of male prisoners is considerably higher in comparison to female prisoners. The aim of the present research is to analyze the sex inequality in the Portuguese criminal justice system, as well as to discuss the following questions: (i) Are men suffering from unjustifiable discrimination by the criminal system? Or, (ii) are there any physical and psychological differences between both sexes? A quantitative and qualitative approach was used. A legal framework was created regarding penalty enforcement, followed by a review of the literature approaching themes of criminology, victimization, and sex inequality. To enrich and empirically support this research, the statistics provided by the Directorate-General for Justice Policy of the Ministry of Portuguese Justice are presented, and a descriptive analysis on the evolution of the number of inmates in Portuguese prisons and juveniles detained in educational centers, between 2010 and 2019 was performed. Implications of this study are is discussed to highlight mediation in criminal cases as a neutral future.

This article presents a quantitative survey of the administration of justice in Cheshire between 1840 and 1890. Drawing on a sample of 33,000 cases from assizes and quarter sessions across the county, it explores broad patterns in committals, prosecutions, and sentencing over the fifty-year period. To this end, the article is structured to follow defendants’ route through the criminal justice process; from committal through prosecution to sentencing. The final section of the article thereafter explores the differing patterns of each as it pertained to the sex of the accused.

The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.

AbstractThe UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tribunals from selecting the cases that may come before them in accordance with respect for human rights and the rule of law. More specifically, restrictions imposed by political organs, leading to unjustified unequal treatment before the law and the courts of perpetrators and victims of grave crime in a given situation, are contrary to principles of equality and non-discrimination. A theory of international judicial independence should therefore extend to a consideration of the legality of such restrictions and acknowledge it as an essential requirement of independence.

Sexual crime case against children’s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around the neighborhood, such as family, school officer, and their playmates sphere. According to Indonesian Child Protection Commision (KPAI), there are 2,275 cases occurred on 2011, 887 amongs them are sexual crime case with violent against children. The protection law towards children vastly consist of criminal law aspect, legal law aspect, material-formal law aspect, state administration law aspect, and of course, the legal law aspect. Sexual abuse against children are criminal case which has been coded in criminal law in Indonesia and also viewed theoritically from Islamic criminal law. Therefore, this Thesis is researching about how are the criminal sex cases againts children viewed from criminal law in Indonesia and Islamic criminal law aspect? And also how is the analysis of Law No. 35/ 2014 (Undang-Undang Nomor 35 Tahun 2014) concerning chemichal castration sanction viewed from Islamic Criminal Law? This research categorized as normative law research which pointing to laws and criminal law principal in Indonesia and also Islamic criminal law. This research using comparative-analysis-descriptive method which describe systematically the fact about cases by comparing the research description. This research compare the Indonesian criminal laws principal and Islamic criminal law principal, criminal law formula and Islamic criminal law formula, and also the rules about the chemichal castration sanction to the convicted sex crime againts children in Indonesian criminal law and Islamic criminal law. This research also analize the law no. 33/2014 concerning the sanction specially on the implementation of the law in society. Exclusive study on the Islamic criminal law theory concerning the goverment step on applying the rule, are also executed. There are two points earn from this reearch; the first one is sex crime against children is special crime case. The sanction of the violation arranged in the law no.35/2014 about child protection. In Islamic criminal law (fiqh jinayah) the chemichal castration sanction againts children is in form of jarimah ta’zir. Secondly, in the law no. 35/ 2014 about child protection consist the criminal law aspect, the urgent application about the law is the penal policy which include the protection for the child as the sex crime victim, law enforcement, and justice. The solution for the victim by using Restorative Justice concern measure and the effect againts children as the sexual crime victim. In non penal policy by the role of the parents, family, society, goverment, and the country, on their obligation to protect the child. Chemichal castration sanction studied in Islamic criminal law to give contribution needed by Islamic Law and inline with the principal of Islamic criminal law, especially to preserve the heredity (hifzu- nasli).

A self-report questionnaire about past criminal behavior is presented here as a useful pedagogical tool to demonstrate the invalidity of crime rates, challenge stereotypes about criminals, exemplify policy problems, and personalize the ways in which race, gender, and class operate to disadvantage and advantage people in the administration of justice. Philip Reichel’s 1975 criminal activities checklist exercise, first published in Teaching Sociology, is updated pursuant to the Georgia 2016 criminal code. Additions include new laws around technology use (i.e., sexting, privacy, and piracy laws), substance use (pharmaceuticals and minor alcohol possession), criminalized driving offenses (aggressive driving and DUIs), and sex offenses. I found that most students in my classroom have violated a law. These findings, the findings of others who have administered similar checklists, and growing research suggest that crime commission is more the norm rather than the exception, and this gives instructors great opportunities to challenge student assumptions.

AbstractAlgorithms are increasingly used in different domains of public policy. They help humans to profile unemployed, support administrations to detect tax fraud and give recidivism risk scores that judges or criminal justice managers take into account when they make bail decisions. In recent years, critics have increasingly pointed to ethical challenges of these tools and emphasized problems of discrimination, opaqueness or accountability, and computer scientists have proposed technical solutions to these issues. In contrast to these important debates, the literature on how these tools are implemented in the actual everyday decision-making process has remained cursory. This is problematic because the consequences of ADM systems are at least as dependent on the implementation in an actual decision-making context as on their technical features. In this study, we show how the introduction of risk assessment tools in the criminal justice sector on the local level in the USA has deeply transformed the decision-making process. We argue that this is mainly due to the fact that the evidence generated by the algorithm introduces a notion of statistical prediction to a situation which was dominated by fundamental uncertainty about the outcome before. While this expectation is supported by the case study evidence, the possibility to shift blame to the algorithm does seem much less important to the criminal justice actors.

Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Kowalsky and Healey, I focus on an earlier period (1917–1922) and make extensive use of the under-researched archival collections of Petrograd’s local judicial institutions (People’s Courts), drawing on materials such as investigatory reports and court proceedings. Focusing on a 1919 criminal case from the Central State Archive of St. Petersburg (Tsentral’nyi gosudarstvennyi arkhiv Sankt-Peterburga, TsGA SPb) in particular, this paper argues that in the volatile setting of the early Soviet courtroom 'female criminality' was not a clear-cut concept, but rather a malleable product of intense negotiations that involved all legal actors and centered around the contested notions of female subjectivity, socialist ideology, and the material conditions of living. Employing quasi-theatrical language, I first introduce the protagonists and describe the background of this criminal case. Then, I look at the litigation strategies that the two main female defendants employed and the different ways in which they highlighted the material embeddedness of their emotions. Finally, I examine the expressions of remorse and reflect on their role in sentencing within the wider context of the ongoing Russian Civil War and the early Soviet legal reforms. By viewing 'female criminality' as a product of open-ended negotiations and by re-emphasizing the material conditions of revolutionary Petrograd, the article provides a new perspective on gender, crime and the administration of justice in that turbulent period.

The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the deve­lopment of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.

The Strategy for the Development of Judicial Education in Ukraine for 2021–2025 considers regular update of the judicial education content based on the competence approach, judges' experience and individual needs, level and court specialization. The Strategy also considers enhancing values and social context while developing and delivering trainings. Among strategic aims of judicial education development is initial judicial training reform that requires, inter alia, curriculum updating. The article presents the research results on mainstreaming of gender component in the initial judicial training curriculum as well as corresponding recommendations. Among recommendations, there is improving of the initial judicial training curriculum with a 1-day training course «Overcoming gender stereotypes in administration of justice». The course was developed to have judges familiar with correlation between «gender stereotypes – prejudice – gender - based discrimination», how gender stereotypes influence judge's behavior and decision-making, and also to build up and strengthentheir skills to identify gender stereotypes, apply corresponding ECtHR case law, avoid gender bias in their daily work, etc. To build up gender competence of future judges, some gender aspects should be incorporated into a series of trainings on family, housing and labor disputes (in the Civil judiciary part), sexual violence, sentencing in criminal cases (in the Criminal one). Some gender related issues worth to be integrated in corresponding trainings, e.g. divorce prohibition due to Ukrainian Family Code (Art. 110, part 2), disputes on parenting children, equal treatment of men and women in cases of deprivation of parental rights, offender eviction, compliance with effective investigation standards in criminal proceedings on rape, other crimes against sexual freedom and sexual integrity or domestic violence cases. Actually, both gender mainstreaming and social context of justice should be integrated with due consideration of the role and place of each training in the curriculum, learning goals and expected outcomes, accompanied by careful selection of training materials and most effective modern interactive methods of adult education. Keywords: gender, gender competence, judicial education, initial judicial training.

In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

AbstractIn common with the experiences of many other groups – and despite changing legal landscapes and increasing recognition within social policy of different groups’ needs – LGBT (lesbian, gay, bisexual and trans) people continue to face discrimination and abuse, and improving safety continues to be a key touchstone for policy makers and practitioners engaging with LGBT lives. Based on evidence from Count Me In Too, an LGBT participatory research project in Brighton & Hove, UK, the paper challenges approaches to dealing with LGBT safety that narrowly focus on reporting within a hate crime paradigm, and recognises the shift towards multi-agency approaches to LGBT safety. Our evidence shows that many LGBT people differentially recognise or do not recognise abuse, instead ‘normalising’ much of the abuse they experience in order to carry on with day-to-day life. By focusing on the effects of abuse and how it is dealt with by individuals and communities, rather than focusing on what constitutes abuse, we show the importance of addressing LGBT safety in ways that move beyond questions of criminal justice and the reporting of hate crime. We argue for a broader social policy framework that uses multi-agency approaches to community safety for those who experience abuse on the basis of their sexual and/or gender identities, which should attend to how safety services may provide more appropriate contexts of care and support, and which should build upon relevant knowledges within LGBT communities. Fostering solidarities among LGBT people may also empower them to work towards broader social transformation.

Abstract BACKGROUND Currently, urine and blood are the only matrices authorized for antidoping testing by the World Anti-Doping Agency (WADA). Although the usefulness of urine and blood is proven, issues remain for monitoring some drug classes and for drugs prohibited only in competition. The alternative matrix oral fluid (OF) may offer solutions to some of these issues. OF collection is easy, noninvasive, and sex neutral and is directly observed, limiting potential adulteration, a major problem for urine testing. OF is used to monitor drug intake in workplace, clinical toxicology, criminal justice, and driving under the influence of drugs programs and potentially could complement urine and blood for antidoping testing in sports. CONTENT This review outlines the present state of knowledge and the advantages and limitations of OF testing for each of the WADA drug classes and the research needed to advance OF testing as a viable alternative for antidoping testing. SUMMARY Doping agents are either prohibited at all times or prohibited in competition only. Few OF data from controlled drug administration studies are available for substances banned at all times, whereas for some agents prohibited only in competition, sufficient data may be available to suggest appropriate analytes and cutoffs (analytical threshold concentrations) to identify recent drug use. Additional research is needed to characterize the disposition of many banned substances into OF; OF collection methods and doping agent stability in OF also require investigation to allow the accurate interpretation of OF tests for antidoping monitoring.

Abstract Studies of representative bureaucracy (RB) argue public organizations reflective of the public they serve exhibit better outcomes, especially when serving underrepresented groups. RB theory attributes improved outcomes either to the actions representative bureaucrats take (active representation), or a greater perception of trust and legitimacy toward them by service recipients (symbolic representation), largely treating active and symbolic representation as separate phenomena. We explore the intricate relationship between bureaucracies and the populations they serve by observing the cross-influence between active and symbolic representation, as revealed by self-reported outcomes in discrimination complaints (N = 1,372) referred for voluntary mediation in the United States Postal Service, the REDRESS© program, a context in which mediators are highly limited in representing a claimant’s interests given the requirement of impartiality. In exit surveys measuring employee perceptions of organizational justice, we observed the impact of race and gender representation by gauging changes in reported satisfaction when a mediator’s race or gender matched the nature of the complaint in cases of race or sex discrimination and sexual harassment, via multivariate regression estimation. These analyses support RB theory regarding sexual harassment complaints, where complainants rated outcomes significantly more favorably for female mediators. We found a negative correlation between female mediators and sex discrimination complaints, as well as African American mediators and race discrimination complainants. To explain this discrepancy, we argue that interactions between symbolic and active representation determine the expectations and perceptions placed on bureaucrats. When a bureaucrat does not meet those expectations, service recipients tend to have a more negative view of organizational justice outcomes.

Even though risk assessments are routinely conducted in the criminal justice system to inform sentencing and case management, their cross-cultural applicability remains contested. This study investigated the generalizability of the Youth Level of Service/Case Management Inventory (YLS/CMI), a widely implemented youth forensic risk assessment instrument, using an Item Response Theory framework, in a sample of Indigenous ( n = 205) and non-Indigenous ( n = 193) youth. Differential item functioning analyses demonstrated similar discrimination across groups. However, despite similar latent risk levels, non-Indigenous youth were more likely to have items from the Education domain endorsed, while Indigenous youth were more likely to have items from the Substance Abuse domain endorsed. Predictive accuracy analyses indicated that total YLS/CMI scores significantly predicted general recidivism (without administration of justice convictions) for non-Indigenous youth, but not for Indigenous youth. There is an urgent need for more research investigating the applicability of the YLS/CMI to diverse groups of Indigenous youth.

In this case note, nine judgments of the Court will be discussed. The first two judgments discussed concern the principle of equal treatment in relation to family benefits ( S v Familienkasse and Commission v Austria). Additionally, both the first and third judgments reported relate to the interpretation of the Citizenship Directive (Directive 2004/38) ( S v Familienkasse and VI). The other judgments on social security deal with the calculation of old-age pension ( CC) and the legislation applicable for flight and cabin crew ( INAIL and INPS) under Regulation 883/2004. The four remaining judgments are cases of discrimination on grounds of sex in the context of pensions ( KM v INSS and EB v BVAEB), on grounds of age ( A v HK Danmark and HK/Privat) and between temporary agency workers and ‘regular’ workers ( Luso Temp).

Abstract A substantial body of research focuses on racial disparity in the criminal justice system, with mixed results due to difficulty in disentangling differential offending from racial bias. Additionally, some research has demonstrated that victim characteristics can exacerbate racial disparity in outcomes for offenders, but little research has focused on the arrest stage. We use a quasi-experimental approach that examines incidents involving co-offending pairs to isolate the influence of offender race on arrest, beyond any characteristics of the incident itself, and we test for moderating effects of victim race and sex on racial disparities in arrest. Our findings reveal that, on average, when two offenders of different races commit the same offense together against the same victim, Black offenders are significantly more likely to be arrested than their White co-offending partners, especially for assault offenses. More importantly, this effect—for both assaults and homicides—is particularly strong when the victim is a White woman. Because these differences are between two offenders who commit the same offense together, we argue that the most plausible explanation for the differences is the presence of racial bias or discrimination.

Photo by Sam McGhee on Unsplash ABSTRACT Medical education has a long history of discriminatory practices. Because of the hierarchy inherent in medical education, underrepresented-in-medicine (URiM) students are particularly vulnerable to discrimination and often feel they have limited recourse to respond without repercussions. URiM student leaders at a USA medical school needed their peers, faculty, and administration to know the institutional racism and other forms of discrimination they regularly experienced. The students wanted to share first-person narratives of their experiences; however, they feared retribution. This paper describes how the medical students partnered with a theater company that applied elements of verbatim theater to anonymously present student narratives and engage their medical school community around issues of racism and discrimination. The post-presentation survey showed the preponderance of respondents increased understanding of URiM student experiences, desired to engage in conversation about inclusion, equity, and diversity, and wanted to make the medical school more inclusive and equitable. Responses from students showed a largely positive effect from sharing stories. First-person narratives can challenge discriminatory practices and generate dialogue surrounding the experiences of URiM medical students. Authors of the first-person narratives may have a sense of empowerment and liberation from sharing their stories. The application of verbatim theater provides students the safety of anonymity, thereby mitigating fears of retribution. INTRODUCTION The field of medicine has a long history of discriminatory practices toward racial and ethnic minorities, women, and members of the LGBTQ+ community.[1] Because of the inherent hierarchy in medical education, medical students are particularly vulnerable to discriminatory practices and may feel they have limited recourse to respond to discrimination.[2] Underrepresented-in-medicine (URiM) students experience “death by a thousand cuts,” often with the perception that they are alone to shoulder and overcome injurious behavior inflicted by peers, faculty, and administrators. l. Social Impetus and Desire for Change Spring 2020 saw the confluence of three social exigencies in the United States: the disproportionate burden of the COVID-19 pandemic on people of color;[3] wide-spread awareness of racist police brutality;[4] and resurgence of demands for equity within medicine by the White Coats for Black Lives organization.[5] URiM student leaders at the Frank H. Netter MD School of Medicine at Quinnipiac University, CT, USA, felt compelled to awaken their medical school community to the bias and discrimination they faced regularly. The URiM student leaders (15 people representing Student National Medical Association, Latinx Medical Student Association, Netter Pride Alliance, Asian Pacific American Medical Student Association, Student Government Association, and White Coats for Black Lives) met regularly with the medical school dean and associate deans to address issues of culture and institutional racism. They needed their peers, faculty, and administration to know that institutional racism and other forms of discrimination were present in the school of medicine, despite vision and mission statements that prioritize equity and inclusion. To that end, in addition to advocating for policy changes, the URiM student leaders wanted to share personal stories from their classmates with the hope that the narratives had the power to instigate change for the better at the school of medicine. They wanted to be heard and seen and to have their perceptions recognized and valued; yet, they could not shake the fear of retribution if they were truly honest about their experiences. Therefore, the students concluded that anonymous storytelling was the safest approach. ll. Foundational Deliberations and Partnership To anonymizing their stories, the students first had to deliberate two foundational features: One: How to account for a plurality of opinions and make decisions? Two: How to speak about their personal experiences and maintain anonymity? The 15 URiM student leaders elected three students (GH, VS, SD) to organize the event and imbued the three organizers with decision-making capacity. The three students, named the Crossroads Organizers, arrived at decisions by consensus. With the aim of maintaining student anonymity, a faculty member (AW) suggested the students investigate using a theater company to present their stories – the premise being that the actors would provide anonymous cover for the students while speaking the students’ words. Having a script comprised exclusively of storytellers’ words is a foundational technique of verbatim theater.[6] The students decided the Crossroads Organizers would meet theater company representatives to seek assurance that their stories would be presented with respect and appropriate representation. Squeaky Wheelz Productions[7] is a theatrical production company specializing in giving voice to the stories of minoritized individuals. lll. Recruit Story Authors The Crossroads Organizers used email and social media platforms such as Facebook, GroupMe, and Instagram to invite medical students to author stories. Authors were given three weeks to submit their stories via an anonymous survey drop on Google Forms, thus assuring that no one, including the Crossroads Organizers, knew the identity of the story authors. lV. Work with the Theater Company The Crossroads Organizers met with the director of the theater company (AMW) multiple times to discuss logistics for the production. The director guided the medical students to refine their goals for the audience and authors (see Theater Company Process) and establish the timeline and task list to arrive at a finished product promptly. Initially, the Crossroads Organizers thought it would be a good idea to have the authors and actors meet to discuss their specific stories and roles. However, after further discussion, they decided that meeting would compromise the anonymity of the student authors and might discourage them from coming forward. Instead, they let the authors know they had the option of meeting their actor. In the Google Forms survey, the Crossroads Organizers provided the opportunity for authors to list specific demographic characteristics of the actor they wanted to portray their story. For example, a Latinx author could choose to have a Latinx actor portray their story. V. Theater Company Process The Squeaky Wheelz actors and director met to discuss how best to use their artistic skills to serve the students’ goals. Given that the collaboration occurred amid the COVID-19 pandemic, there were health, safety, technology, and geography parameters that informed the creative decisions. Actors were recorded individually, and then the footage was edited to create one cohesive piece. Using video meant that in addition to the artistic choices about casting, tone, pacing, and style (which are elements of an in-person event), there were also choices about editing, sound, and mise-en-scéne (“putting in the scene” or what is seen on screen). The Squeaky Wheelz director collaborated with the Crossroads Organizers about the project goals for their audience and colleagues. For example, the theater company encouraged the Crossroads Organizers to consider questions such as: Do they want to tell the viewer what to feel? If a student author identified their race or ethnicity in their story, should casting reflect that as well? Is there anything they would like the audience to know in a disclaimer, or should the stories stand on their own? Consequent to the discussions, the theater company made the decision to not include music or sound (often used in film to dictate emotion), to cast actors of the same race or ethnicity if the author included such identifiers, and to create an introduction for the piece. The introduction stated: “The stories you are about to hear are the true, lived experiences of students in this program, read by actors. Students submitted these words anonymously. We, the actors, ask you to listen.” The Crossroads Organizers expressed their goal was to share the stories authentically and to be clear that these were real experiences, not fictional accounts performed by actors. To serve these goals artistically in the mise-en-scéne, each actor was filmed in front of a plain white wall, in a medium-close-up, and holding a piece of white paper in the bottom corner of the frame from which they read the story. The actors looked straight to the camera for most of their reading, occasionally looking down to the paper to indicate that these words belonged to someone else visually. Actors were directed to “read the words,” not “perform the story” – to communicate the words simply and clearly rather than projecting an assumed emotionality behind the story. This choice was made for two reasons: One, the stories were submitted anonymously, and an assumed emotion may have been inaccurate to the author’s intention; two, without projecting assumed emotionality, the audience has permission to feel and think for themselves in response. All the actors worked independently to prepare for their virtual shoot dates. They also were available if any student authors wanted to meet about their personal stories. [One author chose to meet with their actor.] The final production, comprised of 16 student stories, was entitled Netter Crossroads: A Discourse on Race, Gender, Sexuality, and Class. Vl. Finding the Audience Knowing the unique features and importance of the video as a tool to increase awareness of institutional racism and discrimination within the school community, the Crossroads Organizers aimed to secure as large a viewing audience as possible. To that end, they sought and obtained approval from the dean of the school of medicine to show the video during the Annual State of the School Address, which historically is delivered on the first day of classes and attracts a sizable cross-section of students, faculty, and staff. The Crossroads Organizers asked the dean and associate deans to make event attendance mandatory to engage as many students and faculty as possible in active reflection about discrimination, racial inequality, and social injustice within the medical education community. The deans agreed to make attendance mandatory for first-year medical students and to strongly encourage all other students, faculty, and staff to attend. The Annual State of the School Address is typically an in-person event. Because of the COVID-19 pandemic, all university events had to be hosted virtually on Zoom. The Crossroads Organizers valued the real-time shared experience of viewing the video as a community, so they decided to divide the video into four short segments. The shorter length increased the likelihood that the video’s audio and visual quality was not affected. Between the video segments, the Crossroads Organizers presented national data about underrepresentation in medicine. Vll. Attendee Feedback The 2020 State of the School event had 279 attendees who watched the video, Netter Crossroads: A Discourse on Race, Gender, Sexuality, and Class, in real-time. The audience was comprised of medical students, medical school faculty, staff, and administrators, and university administrators. A four-question Likert-scale survey and open-response field disseminated after the event indicated the vast preponderance of attendees were favorably impressed by the Crossroads video (see Table 1). Approximately 84 percent (67/80) of respondents strongly agreed or agreed with the statement that their understanding of URiM student experiences had increased based on the presentation. Approximately 82 percent (66/80) of respondents strongly agreed or agreed with the statement that the Crossroads presentation effectively conveyed the challenges of URiM students. Seventy percent of respondents (56/80) strongly agreed or agreed with the statement that they were more inclined to engage in conversation about inclusion, equity, and diversity since seeing the Crossroads presentation. Approximately 77 percent (62/80) of respondents strongly agreed or agreed that since seeing the Crossroads presentation, they wanted to learn more about how to help make the medical school more inclusive and equitable. Table 1. Likert-scale survey results after viewing Crossroads video (N=80). The open-response field attracted 24 commentators who largely made favorable comments. Representative favorable comments included: “That was a great presentation. I wish I could hear more from students like that.” “A big thank you to the students who conveyed their stories to the actors – that was a heavy lift.” “Hearing the stories of people at Netter made this presentation hit close to home.” “The Crossroads presentation was outstanding and really opened my eyes to things that I had no idea were happening or that I had never even thought about.” “Definitely we need to hear more of these voices. Very powerful and moving session!” “It was powerful to hear real students’ experiences, played by actors…It communicated to me that Netter is…really committed to improving diversity and inclusion.” Representative unfavorable comments include: “I found this style confrontational instead of conversant/dialogue, and that may have been what the students were going for…but dialogue might have been just as, if not more, effective…” “I fear that welcoming new students virtually to our school by sharing stories of bias, racism, and sexism at our own institution may have left them feeling even more isolated and insecure.” “We need less of these presentations.” Vlll. Student Author Survey After the assembly, the Crossroads Organizers posted announcements on their social media sites inviting the student authors to respond to two queries about their experiences of sharing their stories. Since the student authors were anonymous and unknown to the Crossroads Organizers, they could not directly query the student authors. Instead, the posted announcement asked for open responses to the following questions: a. How did writing and sharing your personal experience at Netter make you feel? b. How did viewing your story portrayed by actors during the state of the school address make you feel? Six of the sixteen student authors put their responses anonymously in a Google Forms survey drop. The authors indicated a range of feelings about writing and sharing their personal experiences. Several authors expressed appreciation for the process and the psychotherapeutic effects. “I feel as though it was an opportunity for my voice to be heard in an anonymous way.” [student author #3] “Empowered to get that frustration out.” [student author #4] “It helped me process some thoughts and emotions that were bothering me subconsciously. I was allowing things like microaggressions affect me without actually addressing the issues.” [student author #6] Others focused on the value of having an audience for their experience. “I feel as though at school, I am never in safe spaces to be able to share my concerns, and that my voice is never heard. I just appreciated being able to vent to someone else about my experiences other than my friends.” [student author #3] “Before this presentation, I had only shared my feelings about being viewed as a minority at school privately with my close friends. Hearing someone else’s stories normalized my feelings of isolation (unfortunately).” [student author #5] Two authors expressed concern about how their stories would be received. “A little worried about the reaction.” [student author #1] “Vulnerable, scared, apprehensive.” [student author #2] The authors also had a range of responses about their experience of seeing their stories portrayed by actors. For some, there was a sense of exuberance and activation. “Really empowered!” [student author #1] “The actors were excellent and really funneled our voices. Viewing both my story and the other students’ [stories] made me realize there is so much work that needs to be done in predominantly white medical schools.” [student author #5] Others conveyed hopefulness. “Heard…like attempts were made to at least take my experience seriously.” [student author #2] Some students experienced conflicting and even negative emotions. “It made me feel sad, but also proud…” [student author #3] “The negative stress racism and discrimination that plays on underrepresented medical students is traumatizing and completely unfair. We are all trying to succeed as future physicians and none of us should carry the burden of feeling targeted based on our skin color or physical features. Viewing the other stories made me feel angry that these micro/macro-aggressions are tolerated every single day.” [student author #5] “It made me feel vulnerable that my experience was on display for the community to see.” [student author #6] And finally, there was mention of the psychodynamic processing that took place from seeing their experiences. “I felt that it was relatively therapeutic.” [student author #3] “It also helped me work through the emotions that I had been suppressing.” [student author #6] CONCLUSION Discriminatory practices often go unnoticed or unmentioned in the medical education setting. Failure to address discriminatory practices leads to isolation, stress, and disempowerment. To mitigate these harms, the medical school curriculum should enable conversations and events about racism and other forms of discrimination. URiM student narratives can aid faculty and student development. After viewing the stories, facilitated conversations could address questions such as the following: a. What could you do to prevent this scenario from ever even occurring? b. Now that it has occurred, how will you support this student? c. What structural changes and/or policies need to be in place for corrective action to be effective? d. If the scenario in the video happened to you, what would you do next? e. Why would you make that choice? f. Alternatively, if you witnessed this happen to a student or faculty member, what would you do? g. Why would you make that choice? h. What are the potential personal and professional consequences of your choice? In alignment with the published literature, our small sample of student author respondents experienced positive therapeutic effects from the process of writing and sharing their stories.[8] At the same time, seeing other authors’ stories of discrimination portrayed by actors ignited anger and sadness for some of our students as they recognized the depth of trauma within the community. Partnership with a theater company provides students the safety of anonymity when telling their stories, thereby allaying their fears of retribution. While some student authors maintained a sense of vulnerability despite the anonymity, they also expressed a sense of empowerment, hopefulness, and pride. Medical educators and administrators must take bold steps to address institutional racism in a meaningful way. Health humanities, including theater, can help the medical education community recognize and overcome the harms imposed on URiM students by institutional racism and other forms of discrimination and awaken capacity for compassionate, respectful, relationship-based education. [1] Hess, Leona, Palermo, Ann-Gel, and David Muller. 2020. “Addressing and Undoing Racism and Bias in the Medical School Learning and Working Environment” Academic Medicine, 95, no. 12 (December): S44-S50. https://pubmed.ncbi.nlm.nih.gov/32889933/ [2] Naif Fnais et al., “Harassment and Discrimination in Medical Training: A Systematic Review and Meta-analysis,” Academic Medicine 89, no. 5 (2014): 817-827, https://doi.org/10.1097/ACM.0000000000000200; Melody P. Chung et al., “Exploring Medical Students’ Barriers to Reporting Mistreatment During Clerkships: A Qualitative Study,” Medical Education Online 23, no. 1 (December 2018): 1478170, https://doi.org/10.1080/10872981.2018.1478170 [3] “Racial Data Transparency,” Coronavirus Resource Center, Johns Hopkins University & Medicine, accessed July 15, 2021, https://coronavirus.jhu.edu/data/racial-data-transparency [4] Radley Balko, “There’s Overwhelming Evidence that the Criminal Justice System is Racist. Here’s the Proof,” Washington Post, June 10, 2020, https://www.washingtonpost.com/graphics/2020/opinions/systemic-racism-police-evidence-criminal-justice-system/. [5] “WC4BL,” White Coats for Black Lives, accessed May 15, 2021, www.whitecoats4blacklives.org. [6] Will Hammond and Dan Steward, eds., Verbatim: Contemporary Documentary Theatre (London: Oberon Books, 2012). [7] “Our Vision,” Squeaky Wheelz Productions, accessed June 30, 2021, www.squeakywheelzproductions.com/. [8] James Pennebaker and Joshua Smyth, Opening Up by Writing It Down: How Expressive Writing Improves Health and Eases Emotional Pain, 3rd ed (New York, London: The Guilford Press, 2016).

In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ for workers with disabilities, including trainees, under Article 5 of Directive 2000/78. In Koch Personaldienstleistungen GmbH (C-514/20), the Court determined whether for the purposes of calculating working time and overtime pay, account should be taken only of the hours actually worked or also of the hours from annual paid leave. Continuing on the importance of the right to annual leave, the Court ruled, in Staatssecretaris van Financiën (C-217/20), on the remuneration of annual leave in situations of permanent incapacity of a worker due to illness. In VB (C-262/20), the Court considered the compatibility of Bulgarian law on the duration of night work for civil servants such as firefighters with Directive 2003/88 and the Charter of Fundamental Rights. Finally, in MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19), the Court assessed whether the systematic use of successive fixed-term contracts for Catholic education teachers in Italy could be justified by ‘objective reasons’ within the meaning of Clause 5(1) of the framework agreement.

In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ for workers with disabilities, including trainees, under Article 5 of Directive 2000/78. In Koch Personaldienstleistungen GmbH (C-514/20), the Court determined whether for the purposes of calculating working time and overtime pay, account should be taken only of the hours actually worked or also of the hours from annual paid leave. Continuing on the importance of the right to annual leave, the Court ruled, in Staatssecretaris van Financiën (C-217/20), on the remuneration of annual leave in situations of permanent incapacity of a worker due to illness. In VB (C-262/20), the Court considered the compatibility of Bulgarian law on the duration of night work for civil servants such as firefighters with Directive 2003/88 and the Charter of Fundamental Rights. Finally, in MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19), the Court assessed whether the systematic use of successive fixed-term contracts for Catholic education teachers in Italy could be justified by ‘objective reasons’ within the meaning of Clause 5(1) of the framework agreement.

In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ for workers with disabilities, including trainees, under Article 5 of Directive 2000/78. In Koch Personaldienstleistungen GmbH (C-514/20), the Court determined whether for the purposes of calculating working time and overtime pay, account should be taken only of the hours actually worked or also of the hours from annual paid leave. Continuing on the importance of the right to annual leave, the Court ruled, in Staatssecretaris van Financiën (C-217/20), on the remuneration of annual leave in situations of permanent incapacity of a worker due to illness. In VB (C-262/20), the Court considered the compatibility of Bulgarian law on the duration of night work for civil servants such as firefighters with Directive 2003/88 and the Charter of Fundamental Rights. Finally, in MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19), the Court assessed whether the systematic use of successive fixed-term contracts for Catholic education teachers in Italy could be justified by ‘objective reasons’ within the meaning of Clause 5(1) of the framework agreement.

From the mid-twentieth century, state and public conceptions of deviance and crime control have turned increasingly punitive (Hallett 115; Hutchinson 138). In a Western context, criminal justice has long been retributive, prioritising punishment over rehabilitation (Wenzel et al. 26). Within that context, there has been an increase in punitiveness—understood here as a measure of a punishment’s severity—the intention of which has been to help restore the moral imbalance created by offending while also deterring future crime (Wenzel et al. 26). Entangled with the global spread of neoliberal capitalism, punitiveness has become internationally pervasive to a near-hegemonic degree (Sparks qtd. in Jennings et al. 463; Unnever and Cullen 100).The punitive turn has troubling characteristics. Punitive policies can be expensive, and increased incarceration stresses the criminal justice system and leads to prison overcrowding (Hutchinson 135). Further, punitiveness is not only applied unequally across categories such as class, race, and age (Unnever and Cullen 105-06; Wacquant 212) but the effectiveness of punitive policy relative to its costs is contested (Bouffard et al. 466, 477; Hutchinson 139). Despite this, evidence suggests public demand is driving punitive policymaking, but that demand is only weakly related to crime rates (Jennings et al. 463).While discussion of punitiveness in the public sphere often focuses on measures such as boot camps for young offenders, increased incarceration, and longer prison sentences, punitiveness also has a darker side. Our research analysing discussion taking place on a large, regional, crime-focused online forum reveals a startling degree and intensity of violence directed at offenders and related groups. Members of the discussion forum do propose unsurprising measures such as incarceration and boot camps, but also an array of violent alternatives, including beating, shooting, dismemberment, and conversion into animal food. This article draws on our research to explore why discussion of punitiveness can be so intensely violent.Our research applies thematic analysis to seven discussion threads posted to a large regional online forum focused on crime, made between September and November 2017. One discussion thread per week of the study period was purposively sampled based on relevance to the topic of punitiveness, ultimately yielding 1200 individual comments. Those comments were coded, and the data and codes were reiteratively analysed to produce categories, then basic, organising, and global themes. We intended to uncover themes in group discussion most salient to punitiveness to gain insight into how punitive social interactions unfold and how those who demand punitiveness understand their interactions and experiences of crime. We argue that, in this online forum, the global theme—the most salient concept related to punitiveness—is a “subaltern citizenship”. Here, a clear division emerges from the data, where the group members perceive themselves as “us”—legitimate citizens with all attendant rights—in opposition to an external “them”, a besieging group of diverse, marginalised Others who have illegitimately usurped certain rights and who victimise citizens. Group members often deride the state as too weak and untrustworthy to stop this victimisation. Ironically, the external Others perceived by the group to hold power are themselves genuinely marginalised, though the group does not recognise or see that form of marginalisation as legitimate. In this essay, to preserve the anonymity of the forum and its members, we refer to them only as “the Forum”, located in “the City”, and refrain from direct quotes except for commonly used words or phrases that do not identify individuals.It is also important to note that the research described here deliberately focused on a specific group in a specific space who were concerned about specific groups of offenders. Findings and discussion, and the views on punitiveness described, cannot be generalised to the broader community. Nor do we suggest these views can be considered representative of all Forum members as we present here only a limited analysis of some violent discourse emerging from our research. Likewise, while our discussion often centres on youth and other marginalised groups in the context of offending, we do not intend to imply that offending is a characteristic of these groups.Legitimate CitizenshipCommonly, citizenship is seen as a conferred status denoting full and equal community membership and the rights and responsibilities dictated by community values and norms (Lister 28-29). Western citizenship norms are informed by neoliberal capitalist values: individual responsibility, an obligation to be in paid employment, participation in economic consumption, the sanctity of ownership, and that the principal role of government is to defend the conditions under which these norms can freely thrive (Walsh 861-62). While norms are shaped by laws and policy frameworks, they are not imposed coercively or always deployed consciously. These norms exist as shared behavioural expectations reproduced through social interaction and embodied as “common sense” (Kotzian 59). As much as Western democracies tend to a universalist representation of one, undifferentiated citizenship, it is clear that gender, race, sexual orientation, religion, ethnicity, and migrant status all exist in different relationships to citizenship as an identity category. Glass ceilings, stolen generations, same-sex marriage debates, and Australian Government proposals to strip citizenship from certain types of criminal offender all demonstrate that the lived experience of norms surrounding citizenship is profoundly unequal for some (Staeheli et al. 629-30). An individual’s citizenship status, therefore, more accurately exists on a spectrum between legitimacy—full community membership, possessing all rights and living up to all associated responsibilities—and illegitimacy—diminished membership, with contested rights and questionable fulfilment of associated responsibilities—depending on the extent of their deviation from societal norms.Discussing punitiveness, Forum members position themselves as “us”, that is, legitimate citizens. Words such as “we” and “us” are used as synonyms for society and for those whose behaviours are “normal” or “acceptable”. Groups associated with offending are described as “they”, “them”, and their behaviours are “not normal”, “disgusting”, “feral”, and merit the removal of “them” from civilisation, usually to “the middle of nowhere” or “the Outback”. Possession of legitimate citizenship is implicit in assuming authority over what is normal and who should be exiled for failing the standard.Another implicit assumption discernible in the data is that Forum members perceive the “normal we” as good neoliberal citizens. “We” work hard, own homes and cars, and take individual responsibility. There is a strong imputation of welfare dependency among offenders, the poor, and other suspect groups. Offending is presented as something curable by stripping offenders or their parents of welfare payments. Members earn their status as legitimate citizens by adhering to the norms of neoliberal citizenship in opposition to potential offenders to whom the benefits of citizenship are simply doled out.Forum members also frame their citizenship as legitimate by asserting ownership over community spaces and resources. This can be seen in their talking as if they, their sympathetic audience, and “the City” are the same (for example, declaring that “the City” demands harsher punishments for juvenile offenders). There are also calls to “take back” the streets, the City, and Australia from groups associated with offending. That a space can and should be “taken back” implies a pre-existing state of control interrupted by those who have no right to ownership. At its most extreme, the assertion of ownership extends to a conviction that members have the right to position offenders as enemies of the state and request that the army, the ultimate tool of legitimate state violence, be turned against them if governments and the criminal justice system are too “weak” or “soft” to constrain them.The Illegitimate OtherThroughout the data, perceived offenders are spoken of with scorn and hatred. “Perceived offenders” may include offenders and their family, youths, Indigenous people, and people of low socioeconomic status, and these marginalised groups are referenced so interchangeably it can be difficult to determine which is being discussed.Commenting on four “atsi [sic] kids” who assaulted an elderly man, group members asserted “they” should be shot like dogs. The original text gives no antecedents to indicate whether “they” is meant to indicate youths, Indigenous youths, or offenders in general. However, Australia has a colonial history of conflating crime and indigeneity and shooting Indigenous people to preserve white social order (Hill and Dawes 310, 312), a consequence of the tendency of white people to imagine criminals as black (Unnever and Cullen 106). It must be noted that the racial identity of individual Forum members is unknown. This does constitute a limitation in the original study, as identity categories such as race and class intersect and manifest in social interactions in complex ways. However, that does not prevent analysis of the text itself.In the Forum’s discursive space, “they” is used to denote offenders, Indigenous youths, youths, or the poor interchangeably, as if they were all a homogeneous, mutually synonymous “Other”. Collectively, these groups are represented as so generally hopeless that they are imagined as choosing to offend so they will be sentenced to the comforts of “holiday camp” prisons where they can access luxuries otherwise beyond their reach: freedom from addicted parents, medical care, food, television, and computers. A common argument, that crime is an individual choice, is often based on the idea that prison is a better option for the poor than going home. As a result, offending by marginalised offenders is reconstructed as a rational choice or a failure of individual responsibility rather than a consequence of structural inequality.Further, parents of those in suspect populations are blamed for intergenerational maintenance of criminality. They are described as too drunk or drugged to care, too unskilled in parenting due to their presumed dreadful upbringing, or too busy enjoying their welfare payments to meet their responsibility to control their children or teach them the values and skills of citizenship. Comments imply parents probably participated in their children’s crimes even when no evidence suggests that possibility and that some groups simply cannot be trusted to raise disciplined children owing to their inherent moral and economic dissipation. That is, not just offenders but entire groups are deemed illegitimate, willing to enjoy benefits of citizenship such as welfare payments but unwilling or unable to earn them by engaging with the associated responsibilities. This is a frequent argument for why they deserve severely punitive punishment for deviance.However, the construction of the Other as illegitimate in Forum discussions reaches far beyond imagining them as lacking normative skills and values. The violence present on the Forum is startling in its intensity. Prevalent within the data is the reduction of people to insulting nicknames. Terms used to describe people range from the sarcastic— “little darlings”—through standard abusive language such as “bastards”, “shits”, “dickheads”, “lowlifes”, to dehumanising epithets such as “maggots”, “scum”, and “subhuman arsewipes”. Individually and collectively, “they” are relentlessly framed as less than human and even less than animals. They are “mongrels” and “vermin”. In groups, they are “packs”, and they deserve to be “hunted” or just shot from helicopters. They are unworthy of life. “Oxygen thieves” is a repeated epithet, as is the idea that they should be dropped out at sea to drown. Other suggestions for punishment include firing squads, lethal injections, and feeding them to animals.It is difficult to imagine a more definitive denial of legitimacy than discursively stripping individuals and groups of their humanity (their most fundamental status) and their right to existence (their most fundamental right as living beings). The Forum comes perilously close to casting the Other as Agamben’s homo sacer, humans who live in a “state of exception”, subject to the state’s power but excluded from the law’s protection and able to be killed without consequence (Lechte and Newman 524). While it would be hyperbole to push this comparison too far—given Agamben had concentration camps in mind—the state of exception as a means of both excluding a group from society and exercising control over its life does resonate here.Themes Underlying PunitivenessOur findings indicate the theme most salient to punitive discussion is citizenship, rooted in persistent concerns over who is perceived to have it, who is not, and what should be done about those Others whose deviance renders their citizenship less legitimate. Citizenship norms—real or aspirational—of society’s dominant groups constitute the standards by which Forum members judge their experiences of and with crime, perceived offenders, the criminal justice system, and the state. However, Forum members do not claim a straightforward belonging to and sharing in the maintenance of the polity. Analysis of the data suggests Forum members consider their legitimate citizenship tainted by external forces such as politics, untrustworthy authorities and institutions, and the unconstrained excess of the illegitimate Other. That is, they perceive their citizenship to be simultaneously legitimate and undeservedly subaltern.According to Gramsci, subaltern populations are subordinate to dominant groups in political and civil society, lulled by hegemonic norms to cooperate in their own oppression (Green 2). Civil society supports the authority of political society and, in return, political society uses the law and criminal justice system to safeguard civil society’s interests against unruly subalterns (Green 7). Rights and responsibilities of citizenship reside within the mutual relationship between political and civil society. Subalternity, by definition, exists outside this relationship, or with limited access to it.Forum members position themselves as citizens within civil society. They lay emphatic claim to fulfilling their responsibilities as neoliberal citizens. However, they perceive themselves to be denied the commensurate rights: they cannot rely on the criminal justice system to protect them from the illegitimate Other. The courts are “soft”, and prisons are “camps” with “revolving doors”. Authorities pamper offenders while doing nothing to stop them from hurting their victims. Human rights are viewed as an imposition by the UN or as policy flowing from a political sphere lacking integrity and dominated by “do gooders”. Rights are reserved only for offenders. Legitimate citizens no longer even have the right to defend themselves. The perceived result is a transfer of rights from legitimate to illegitimate, from deserving to undeserving. This process elides from view the actual subalterns of Australian society—here, most particularly Indigenous people and the socioeconomically vulnerable—and reconstructs them as oppressors of the dominant group, who are reframed as legitimate citizens unjustly made subaltern.The Violence in PunitivenessOn the Forum, as in the broader world, a sense of “white victimisation”—the view, unsupported by history or evidence, that whites are an oppressed people within a structure systematically doling out advantage to minorities (King 89)—is a recurrent legitimising argument for punitiveness and vigilantism. Amid the shrinking social safety nets and employment precarity of neoliberal capitalism, competitiveness increases, and white identity forms around perceived threats to power and status incurred by “losing out” to minorities (Sacks and Lindholm 131). One 2011 study finds a majority of white US citizens believe themselves subject to more racism than black people (King 89). However, these assumptions of whiteness tend to be spared critical examination because, in white-dominated societies, whiteness is the common-sense norm in opposition to which other racial categories are defined (Petray and Collin 2). When whiteness is made the focus of critical questioning, white identities gain salience and imaginings of the “dark other” and besieged white virtues intensify (Bonilla-Silva et al. 232).With respect to feelings of punitiveness, Unnever and Cullen (118-19) find that the social cause for punitiveness in the United States is hostility towards other races, that harsh punishments, including the death penalty, are demanded and accepted by the dominant group because they are perceived to mostly injure “people they do not like” (Unnever and Cullen 119). Moreover, perception that a racial group is inherently criminal amplifies more generalised prejudices against them and diminishes the capacity of the dominant group to feel empathy for suffering inflicted upon them by the criminal justice system (Unnever and Cullen 120).While our analysis of the Forum supports these findings where they touch on crimes committed by Indigenous people, they invite a question. Why, where race is not a factor, do youths and the socioeconomically disadvantaged also inspire intensely violent punitiveness as described above? We argue that the answer relates to status. From this perspective, race becomes one of several categories of differentiation from legitimate citizenship through an ascription of low status.Wenzel, Okimoto, and Cameron (29) contend punitiveness, with respect to specific offences, varies according to the symbolic meaning the offence holds for the observer. Crimes understood as a transgression against status or power inspire a need for “revenge, punishment, and stigmatisation” (Wenzel et al. 41) and justify an increase in the punitiveness required (Wenzel et al. 29, 34). This is particularly true where an offence is deemed to make someone unfit for community membership, such that severe punishment serves as a symbolic marker of exile and a reaffirmation for the community of the violated values and norms (Wenzel et al. 41). Indeed, as noted, Forum posts regularly call for offenders to be removed from society, exiled to the outback, or shipped beyond Australia’s territorial waters.Further, Forum members’ perception of subaltern citizenship, with its assumption of legitimate citizenship as being threatened by undeserving Others, makes them view crime as implicitly a matter of status transgression. This is intensified by perception that the political sphere and criminal justice system are failing legitimate citizens, refusing even to let them defend themselves. Virulent name-calling and comparisons to animals can be understood as attempts by the group to symbolically curtail the undeservedly higher status granted to offenders by weak governments and courts. More violent demands for punishment symbolically remove offenders from citizenship, reaffirm citizen values, and vent anger at a political and criminal justice system deemed complicit, through weakness, in reducing legitimate citizens to subaltern citizens.ConclusionsIn this essay, we highlight the extreme violence we found in our analysis of an extensive online crime forum in a regional Australian city. We explore some explanations for violent public punitiveness, highlighting how members identify themselves as subaltern citizens in a battle against undeserving Others, with no support from a weak state. This analysis centres community norms and a problematic conception of citizenship as drivers of both public punitiveness and dissatisfaction with crime control policy and the criminal justice system. We highlight a real dissonance between community needs and public policy that may undermine effective policymaking. That is, evidence-based crime control policies, successful crime prevention initiatives, and falling crime rates may not increase public satisfaction with how crime is dealt with if policymakers pursue those measures without regard for how citizens experience the process.While studies such as that by Wenzel, Okimoto, and Cameron identify differences in status between legitimate citizens and offenders as amplifiers of punitiveness, we suggest the amplification may be mediated by the status relationship between legitimate citizens and authority figures within legitimate society. The offender and their crime may not contribute as much to the public’s outrage as commonly assumed. Instead, public punitiveness may predominantly arise from the perception that the political sphere, media, and criminal justice system respond to citizens’ experience of crime in ways that devalue the status of legitimate citizens. At least in the context of this regional city, this points to something other than successful crime control being integral to building more effective and satisfactory crime control policy: in this case, the need to rebuild trust between citizens and authority groups.ReferencesBonilla-Silva, Eduardo, Carla Goar, and David G. Embrick. “When Whites Flock Together: The Social Psychology of White Habitus.” Critical Sociology 32.2-3 (2006): 229–253.Bouffard, Jeff, Maisha Cooper, and Kathleen Bergseth. “The Effectiveness of Various Restorative Justice Interventions on Recidivism Outcomes among Juvenile Offenders.” Youth Violence and Juvenile Justice 15.4 (2017): 465–480.Green, Marcus. “Gramsci Cannot Speak: Presentations and Interpretations of Gramsci’s Concept of the Subaltern.” Rethinking Marxism 14.3 (2002): 1–24.Hallett, Michael. “Imagining the Global Corporate Gulag: Lessons from History and Criminological Theory.” Contemporary Justice Review 12.2 (2009): 113–127.Hill, Richard, and Glenn Dawes. “The ‘Thin White Line’: Juvenile Crime, Racialised Narrative and Vigilantism—A North Queensland Study.” Current Issues in Criminal Justice 11.3 (2000): 308–326.Hutchinson, Terry. “‘A Slap on the Wrist’? The Conservative Agenda in Queensland, Australia.” Youth Justice 15.2 (2015): 134–147.Jennings, Will, Stephen Farrall, Emily Gray, and Colin Hay. “Penal Populism and the Public Thermostat: Crime, Public Punitiveness, and Public Policy.” Governance: An International Journal of Policy, Administration, and Institutions 30.3 (2017): 463–481.King, Mike. “The ‘Knockout Game’: Moral Panic and the Politics of White Victimhood.” Race & Class 56.4 (2015): 85–94.Kotzian, Peter. “Good Governance and Norms of Citizenship: An Investigation into the System- and Individual-Level Determinants of Attachment to Civic Norms.” American Journal of Economics and Sociology 73.1 (2014): 58–83.Lechte, John, and Saul Newman. “Agamben, Arendt and Human Rights: Bearing Witness to the Human.” European Journal of Social Theory 15.4 (2012): 522–536.Lister, Ruth. “Citizenship: Towards a Feminist Synthesis.” Feminist Review 57 (1997): 28–48.Petray, Theresa L., and Rowan Collin. “Your Privilege is Trending: Confronting Whiteness on Social Media.” Social Media + Society 3.2 (2017): 1–10.Sacks, Michael A., and Marika Lindholm. “A Room without a View: Social Distance and the Structuring of Privileged Identity.” Working through Whiteness: International Perspectives. Ed. Cynthia Levine-Rasky. Albany, NY: State U of New York P, 2002. 129-151.Staeheli, Lynn A., Patricia Ehrkamp, Helga Leitner, and Caroline R. Nagel. “Dreaming the Ordinary: Daily Life and the Complex Geographies of Citizenship.” Progress in Human Geography 36.5 (2012): 628–644.Unnever, James D., and Francis T. Cullen. “The Social Sources of Americans’ Punitiveness: A Test of Three Competing Models.” Criminology 48.1 (2010): 99–129.Wacquant, Loïc. “Crafting the Neoliberal State: Workfare, Prisonfare, and Social Insecurity.” Sociological Forum 25.2 (2010): 197–220.Walsh, James P. “Quantifying Citizens: Neoliberal Restructuring and Immigrant Selection in Canada and Australia.” Citizenship Studies 15.6-7 (2011): 861–879.Wenzel, Michael, Tyler Okimoto, and Kate Cameron. “Do Retributive and Restorative Justice Processes Address Different Symbolic Concerns?” Critical Criminology 20.1 (2012): 25–44.

Photo by Christian Bowen on Unsplash ABSTRACT Assisted Reproductive Technology can be a beneficial tool for couples unable to reproduce independently; however, it has historically discriminated against the LGBTQ+ community members. Given the evolution and acceptance of LGBTQ rights in recent years, discrimination and barriers to access reproductive technology and health care should be readdressed as they still exist within this community. INTRODUCTION In recent years, the LGBTQ+ community has made great strides toward attaining equal rights. This fight dates back to 1970 when Michael Baker and McConnell applied for a marriage license in Minnesota.[1] After the county courthouse denied the couple's request, they appealed to the Minnesota Supreme Court. Baker and McConnell’s dispute reached the US Supreme Court. Baker v. Nelson[2] was the first time a same-sex couple attempted to pursue marriage through higher courts in the US.[3] Because the couple lost the case, Baker changed his name to a gender-neutral one, and McConnell adopted Baker, allowing Baker and McConnell to have legal protections like the ability to receive certain inheritances. Baker and McConnell received a marriage license from an unsuspecting clerk from Blue Earth County, where they wed on September 3, 1971.[4] BACKGROUND The Supreme Court’s decision left individual state legislatures the option to accommodate same-sex couples’ rights constitutionally. As a result, some states banned same-sex marriage, while others offered alternative options such as domestic partnerships. With many obstacles, such as the Defense of Marriage Act (DOMA) and President Bush’s efforts to limit marriage to heterosexual people, Massachusetts became the first state to legalize gay marriage in 2003.[5] Other states slowly followed. Finally, in 2015 the US Supreme Court made same-sex marriage legal in all 50 states in Obergefell v. Hodges,[6] marking an important milestone for the LGBTQ+ community’s fight toward marriage equality. The Obergefell v. Hodges decision emphasized that members of the homosexual community are “not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions,” thus granting them the right to “equal dignity in the eyes of the law.”[7] This paper argues that in the aftermath of the wide acceptance of LGBTQ rights, discrimination and barriers to access reproductive technology and health care persist nationally. Procreation also faces discrimination. Research supports that children’s overall psychological and physical welfare with same-sex parents does not differ compared to children with heterosexual parents.[8] Some others worry about the children’s developmental health and argue that same-sex male couples’ inability to breastfeed their children may be harmful; however, such parents can obtain breast milk via surrogate donation.[9] Further concerns regarding confusion in gender identity in children raised by same-sex parents are not supported by research in the field indicating that there are “no negative developmental or psychological outcomes for a child, nor does it result in differing gender identity, gender role behavior or sexual partner preference compared to opposite-sex parents.”[10] ANALYSIS l. Desire to Procreate The American perception toward same-sex unions has evolved “from pathology to deviant lifestyle to identity.”[11] In 2001, only 35 percent of Americans favored same‐sex marriage, while 62 percent favored it in 2017.[12] The “Gay marriage generation”[13] has a positive attitude toward same-sex unions, arising from the “interaction among activists, celebrities, political and religious leaders, and ordinary people, who together reconfigured Americans’ social imagination of homosexuality in a way that made gay marriage seem normal, logical, and good.”[14] Same-sex couples’ right to build a biological family and ability to do so using modern reproductive technology is unclear. The data generated by the LGBTQ Family Building Survey revealed “dramatic differences in expectations around family building between LGBTQ millennials (aged 18-35) and older generations of LGBTQ people,”[15] which may be in part attributable to recent federal rulings in favor of same-sex couples. Three important results from this survey are that 63 percent of LGBTQ millennials are considering expanding their families throughout parenthood, 48 percent of LGBTQ millennials are actively planning to grow their families, compared to 55 percent of non-LGBTQ millennials; and 63 percent of those LGBTQ people interested in building a family expect to use assisted reproductive technology (ART), foster care, or adoption to become parents.[16] There are 15.9 million Americans who identify as LGBTQ+ (6.1 million of whom are 18 to 35 years old); thus, an estimated “3.8 million LGBTQ+ millennials are considering expanding their families in the coming years, and 2.9 million are actively planning to do so.”[17] Yet access and affordability to ART, especially in vitro fertilization (IVF) and surrogacy for same-sex couples, has not been consistent at a national level. The two primary problems accessing ART for the LGBTQ community are the lack of federal law and cost. A federal law that guaranteed coverage would address both problems. ll. ART for Same-Sex Couples All same-sex male (SSM) couples and same-sex female (SSF) couples must involve third parties, including surrogates or egg or sperm donors.[18] ART involves the legal status of “up to two women (surrogate and egg donor),” the intended parents, and the child for SSM couples.[19] While sometimes necessary for heterosexual couples using ART, an egg or sperm from someone other than the intended parents or a surrogate will always be necessary for the LGBTQ people seeking ART. ART, in particular IVF, is essential for infertile couples unable to conceive on their own. Unlike other industrialized countries (such as Canada, the United Kingdom, Sweden, Germany, and Australia), the US does not heavily oversee this multibillion-dollar industry.[20] The American Society for Reproductive Medicine does provide lengthy guidelines to fertility clinics and sperm banks; however, state lawmakers have been less active as they seem to avoid the controversy surrounding controversial topics like embryo creation and abortion.[21] As a result, states “do not regulate how many children may be conceived from one donor, what types of medical information or updates must be supplied by donors, what genetic tests may be performed on embryos, how many fertilized eggs may be placed in a woman or how old a donor can be.”[22] lll. A Flawed Definition of Infertility The WHO defines the medical definition of infertility as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after twelve months or more of regular unprotected sexual intercourse.”[23] This antiquated definition must be updated to include social infertility to integrate same-sex couples’ rights.[24] In the US, single individuals and LGBTQ couples interested in building a family by biological means are considered “socially infertile.”[25] If insurance coverage is allotted only to those with physical infertility, then it is exclusive to the heterosexual community. Although some states, such as New York, discussed below, have directly addressed this inequality by extending the definition of infertility and coverage of infertility treatments to include all residents regardless of sexual orientation, this is not yet the norm everywhere else. The outdated definition of infertility is one of the main issues affecting same-sex couples’ access to ART, as medical insurance companies hold on to the formal definition of infertility to deny coverage. lV. Insurance Coverage for IVF Insurance coverage varies per state and relies on the flawed definition of infertility. As of August 2020, 19 states have passed laws requiring insurance coverage for infertility, 13 of which include IVF coverage, as seen in Figure 1. Also, most states do not offer IVF coverage to low-income people through Medicaid.[26] In states that mandate IVF insurance coverage, the utilization rate was “277% of the rate when there was no coverage,”[27] which supports the likelihood that in other states, the cost is a primary barrier to access. When insurance does not cover ART, ART is reserved for wealthy individuals. One cycle of ART could cost, on average, “between $10,000 and $15,000.”[28] In addition, multiple cycles are often required as one IVF cycle only has “about a 25% to 30%” live birth success rate.[29] Altogether, the total cost of successful childbirth was estimated from $44,000 to $211,940 in 1992.[30] On February 11, 2021, New York Governor Andrew M. Cuomo “directed the Department of Financial Services to ensure that insurers begin covering fertility services immediately for same-sex couples who wish to start a family.”[31] New York had recently passed an IVF insurance law that required “large group insurance policies and contracts that provide medical, major medical, or similar comprehensive-type coverage and are delivered or issued for delivery in New York to cover three cycles of IVF used in the treatment of infertility.”[32] But the law fell short for same-sex couples, which were still required to “pay 6 or 12 months of out-of-pocket expenses for fertility treatments such as testing and therapeutic donor insemination procedures before qualifying for coverage.”[33] Cuomo’s subsequent order made up for gaps in the law, which defined infertility as “the inability to conceive after a certain period of unprotected intercourse or donor insemination.”[34] Cuomo’s order and the law combine to make New York an example other states can follow to broaden access to ART. V. Surrogacy Access to surrogacy also presents its own set of problems, although not exclusive to the LGBTQ community. Among states, there are differences in how and when parental rights are established. States in dark green in Figure 2 allow pre-birth orders, while the states in light green allow post-birth parentage orders. Pre-birth orders “are obtained prior to the child’s birth, and they order that the intended parent(s) will be recognized as the child’s only legal parent(s) and will be placed on the child’s birth certificate,” while post-birth parentage orders have the same intent but are obtained after the child’s birth. [35] For instance, states can require genetic testing post-birth, possibly causing a delay in establishing parentage.[36] Although preventable through the execution of a health care power of attorney, a surrogate mother could be the legal, medical decision-maker for the baby before the intended parents are legally recognized. On February 15, 2021, gestational surrogacy – the most popular type of surrogacy in which the surrogate has no biological link to the baby – was legalized in New York,[37] but it remains illegal in some states such as Nebraska, Louisiana, and Michigan.[38] In addition, the costs of surrogacy are rising, and it can cost $100,000 in the US.[39] Medicaid does not cover surrogacy costs,[40] and some health insurance policies provide supplemental surrogacy insurance with premiums of approximately $10,000 and deductibles starting at $15,000.[41] Thus, “surrogacy is really only available to those gay and lesbian couples who are upper class,”[42] leaving non-affluent couples out of options to start a family through biological means. Vl. A Right to Equality and Procreation Some argue that same-sex couples should have the right to procreate (or reproductive rights). Based on arguments stemming from equal rights and non-discrimination, same-sex couples who need to use ART to procreate should have access to it. The need to merge social infertility into the currently incomplete definition of fertility could help same-sex couples achieve access through insurance coverage. The human right of equality and non-discrimination guarantees “equal and effective protection against discrimination on any ground.”[43] The United Nations later clarified that “sexual orientation is a concept which is undoubtedly covered” [44] by this protection. The right to procreate is not overtly mentioned in the US Constitution; however, the Equal Protection Clause states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… without due process of law.”[45] In fact, some states have abridged the reproductive privileges of some US citizens by upholding prohibitive and intricate mechanisms that deter same-sex couples from enjoying the privileges other citizens have. The Supreme Court acknowledged procreation as a “fundamental”[46] personal right, in Skinner v. Oklahoma, mandating that the reproductive rights of individuals be upheld as the right to procreate is “one of the basic civil rights of man”[47] because “procreation [is] fundamental to the very existence and survival of the race.”[48] In Eisenstadt v. Baird, the courts also supported that “the decision whether to bear or beget a child” fundamentally affects a person.[49] I argue that this protection extends to same-sex couples seeking to procreate. Finally, Obergefell v. Hodges held that the Due Process and Equal Protection clauses ensure same-sex couples the right to marriage, as marriage “safeguards children and families, draw[ing] meaning from related rights of childrearing, procreation, and education.”[50] By implicit or explicit means, these cases align with the freedom to procreate that should not be unequally applied to different social or economic groups. Yet, the cases do not apply to accessing expensive tools to procreate. As heterosexuals and the LGBTQ community face trouble accessing expensive ART for vastly different reasons, especially IVF and surrogacy, the equal rights or discrimination argument is not as helpful. For now, it is relevant to adoption cases where religious groups can discriminate.[51] The insurance coverage level may be the best approach. While the social norms adapt and become more inclusive, the elimination of the infertility requirement or changing the definition of infertility could work. Several arguments could address the insurance coverage deficit. Under one argument, a biological or physical inability to conceive exists in the homosexual couple trying to achieve a pregnancy. Depending on the wording or a social definition, a caselaw could be developed arguing the medical definition of infertility applies to the LGBTQ community as those trying to procreate are physically unable to conceive as a couple planning to become parents. One counterargument to that approach is that it can be offensive to label people infertile (or disabled) only because of their status as part of a homosexual couple.[52] CONCLUSION In the last 50 years, there has been a notable shift in the social acceptance of homosexuality.[53] Marriage equality has opened the door for further social and legal equality, as evidenced by the increased number of same-sex couples seeking parenthood “via co-parenting, fostering, adoption or surrogacy” – colloquially referred to as the ‘Gayby Boom’.[54] However, some prejudice and disdain toward LGBTQ+ parenting remain. Equitable access to ART for all people may be attainable as new technology drives costs down, legislators face societal pressure to require broader insurance coverage, and social norms become more inclusive. [1] Eckholm, E. (2015, May 17). The same-sex couple who got a marriage license in 1971. Retrieved April 08, 2021, from https://www.nytimes.com/2015/05/17/us/the-same-sex-couple-who-got-a-marriage-license-in-1971.html [2] Eckholm, E. [3] A brief history of civil rights in the United States: A timeline of the legalization of same-sex marriage in the U.S. (2021, January 27). Retrieved April 08, 2021, from https://guides.ll.georgetown.edu/c.php?g=592919&p=4182201 [4] Eckholm, E. [5] A brief history of civil rights in the United States: A timeline of the legalization of same-sex marriage in the U.S. (2021, January 27). Retrieved April 08, 2021, from https://guides.ll.georgetown.edu/c.php?g=592919&p=4182201 [6] A brief history of civil rights in the United States [7] A brief history of civil rights in the United States [8] Lee, J., & Bolzendahl, C. (2019). Acceptance and Rejection: Patterns of opinion on homosexuality in the United States and the world. Sociological Forum, 34(4), 1026-1031. doi:10.1111/socf.12562 [9] Lee, J., et al. [10] Lee, J., et al. [11] Lee, J., et al. [12] Lee, et al. [13] Lee, et al. [14] Lee, et al. [15] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [16] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [17] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [18] Mackenzie, S. C., Wickins-Drazilova, D., & Wickins, J. (2020). The ethics of fertility treatment for same-sex male couples: Considerations for a modern fertility clinic. European Journal of Obstetrics & Gynecology and Reproductive Biology, 244, 71-75. doi:10.1016/j.ejogrb.2019.11.011 [19] Mackenzie, et al. [20] Ollove, M. (2015, March 18). States not eager to regulate fertility industry. Retrieved April 08, 2021, from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2015/3/18/states-not-eager-to-regulate-fertility-industry [21] Ollove, M. [22] Ollove, M. [23] World Health Organization. (2020, September 14). Infertility. World Health Organization. https://www.who.int/news-room/fact-sheets/detail/infertility [24] Leondires, M. P. (2020, March 19). Fertility insurance Mandates & same-sex couples. Retrieved April 08, 2021, from https://www.gayparentstobe.com/gay-parenting-blog/fertility-insurance-mandates-same-sex-couples/ [25] Lo, W., & Campo-Engelstein, L. (2018). Expanding the Clinical Definition of Infertility to Include Socially Infertile Individuals and Couples. Reproductive Ethics II, 71–83. https://doi.org/10.1007/978-3-319-89429-4_6 [26] Mohapatra, S. (2015). Assisted Reproduction Inequality and Marriage Equality. Chicago-Kent Law Review, 92(1). Retrieved April 08, 2021, from https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=4146&context=cklawreview [27] Mohapatra, S. [28] Mohapatra, S. [29] Mohapatra, S. [30] Mohapatra, S. [31] Governor Cuomo announces new actions to expand access to FERTILITY coverage for same sex couples as part of 2021 Women's Agenda. (n.d.). [32] Health Insurers FAQs: IVF and Fertility Preservation Law Q&A Guidance. (n.d.). Retrieved April 08, 2021, from https://www.dfs.ny.gov/apps_and_licensing/health_insurers/ivf_fertility_preservation_law_qa_guidance [33] Governor Cuomo announces new actions to expand access to FERTILITY coverage for same sex couples as part of 2021 Women's Agenda. (n.d.). Retrieved April 08, 2021, from https://www.governor.ny.gov/news/governor-cuomo-announces-new-actions-expand-access-fertility-coverage-same-sex-couples-part#:~:text=February%2011%2C%202021-,Governor%20Cuomo%20Announces%20New%20Actions%20to%20Expand%20Access%20to%20Fertility,Part%20of%202021%20Women's%20Agenda&text=Cuomo%20today%20directed%20the%20Department,wish%20to%20start%20a%20family. [34] Leondires, M. P. [35] Assisted reproduction parentage proceedings information: Academy of Adoption and Assistive Reproduction Attorneys (AAAA). (2019, March 14). Retrieved April 08, 2021, from https://adoptionart.org/assisted-reproduction/parentage-proceedings/ [36] Assisted reproduction parentage proceedings information. [37] Governor Cuomo reminds surrogates and parents of their new Insurance rights and protections During Gestational Surrogacy. (n.d.). Retrieved April 08, 2021, from https://www.governor.ny.gov/news/governor-cuomo-reminds-surrogates-and-parents-their-new-insurance-rights-and-protections-during [38] U.S. Surrogacy Map: Surrogacy laws by state. (2020, December 23). Retrieved April 08, 2021, from https://www.creativefamilyconnections.com/us-surrogacy-law-map/ [39] Mohapatra, S. [40] Beitsch, R. (2017, June 29). As surrogacy surges, new parents seek legal protections. Retrieved April 08, 2021, from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2017/06/29/as-surrogacy-surges-new-parents-seek-legal-protections#:~:text=Medicaid%20does%20not%20cover%20surrogacy,and%20intended%20parents%20at%20risk. [41] Where to find surrogacy insurance? (2017, November 02). Retrieved April 08, 2021, from https://surrogate.com/intended-parents/surrogacy-laws-and-legal-information/where-can-i-find-surrogacy-insurance/ [42] Mohapatra, S. [43] International covenant on civil and political rights. (n.d.). Retrieved April 08, 2021, from https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [44] United Nations. (2003). Human rights in the administration of justice: a manual on human rights for judges, prosecutors and lawyers. [45] U.S. Const. amend. XIV, § 1. [46] Skinner v. Oklahoma, Https://caselaw.findlaw.com/us-supreme-court/316/535.html (June 1, 1942). [47] Skinner v. Oklahoma [48] Skinner v. Oklahoma [49] Eisenstadt v. Baird, Https://www.lexisnexis.com/community/casebrief/p/casebrief-eisenstadt-v-baird (March 22, 1972). [50] Obergefell v. Hodges [51] Higgins, T. (2021, June 17). Supreme Court sides with Catholic adoption agency that refuses to work with LGBT couples. CNBC. https://www.cnbc.com/2021/06/17/supreme-court-sides-with-catholic-adoption-agency-that-refuses-to-work-with-lgbt-couples.html. [52] Bowerman, M., May, A., & Rossman, S. (2017, April 24). Should the definition of infertility be more inclusive? USA Today. https://www.usatoday.com/story/news/nation-now/2017/04/22/same-sex-couples-covered-infertility-insurance/100644092/. [53] Mackenzie, et al. [54] Mackenzie, et al.

Our thesis is that the city’s ambience is now an unstable dialectic in which we are watchers and watched, mirrored and refracted in a landscape of iPhone auteurs, eTags, CCTV and sousveillance. Embrace ambience! Invoking Benjamin’s spirit, this article does not seek to limit understanding through restriction to a particular theme or theoretical construct (Buck-Morss 253). Instead, it offers snapshots of interactions at the dawn of the postmodern city. That bricolage also engages how people appropriate, manipulate, disrupt and divert urban spaces and strategies of power in their everyday life. Ambient information can both liberate and disenfranchise the individual. This article asks whether our era’s dialectics result in a new personhood or merely restate the traditional spectacle of ‘bright lights, big city’. Does the virtualized city result in ambient anomie and satiation or in surprise, autonomy and serendipity? (Gumpert 36) Since the steam age, ambience has been characterised in terms of urban sound, particularly the alienation attributable to the individual’s experience as a passive receptor of a cacophony of sounds – now soft, now loud, random and recurrent–from the hubbub of crowds, the crash and grind of traffic, the noise of industrial processes and domestic activity, factory whistles, fire alarms, radio, television and gramophones (Merchant 111; Thompson 6). In the age of the internet, personal devices such as digital cameras and iPhones, and urban informatics such as CCTV networks and e-Tags, ambience is interactivity, monitoring and signalling across multiple media, rather than just sound. It is an interactivity in which watchers observe the watched observing them and the watched reshape the fabric of virtualized cities merely by traversing urban precincts (Hillier 295; De Certeau 163). It is also about pervasive although unevenly distributed monitoring of individuals, using sensors that are remote to the individual (for example cameras or tag-readers mounted above highways) or are borne by the individual (for example mobile phones or badges that systematically report the location to a parent, employer or sex offender register) (Holmes 176; Savitch 130). That monitoring reflects what Doel and Clark characterized as a pervasive sense of ambient fear in the postmodern city, albeit fear that like much contemporary anxiety is misplaced–you are more at risk from intimates than from strangers, from car accidents than terrorists or stalkers–and that is ahistorical (Doel 13; Scheingold 33). Finally, it is about cooption, with individuals signalling their identity through ambient advertising: wearing tshirts, sweatshirts, caps and other apparel that display iconic faces such as Obama and Monroe or that embody corporate imagery such as the Nike ‘Swoosh’, Coca-Cola ‘Ribbon’, Linux Penguin and Hello Kitty feline (Sayre 82; Maynard 97). In the postmodern global village much advertising is ambient, rather than merely delivered to a device or fixed on a billboard. Australian cities are now seas of information, phantasmagoric environments in which the ambient noise encountered by residents and visitors comprises corporate signage, intelligent traffic signs, displays at public transport nodes, shop-window video screens displaying us watching them, and a plethora of personal devices showing everything from the weather to snaps of people in the street or neighborhood satellite maps. They are environments through which people traverse both as persons and abstractions, virtual presences on volatile digital maps and in online social networks. Spectacle, Anomie or Personhood The spectacular city of modernity is a meme of communication, cultural and urban development theory. It is spectacular in the sense that of large, artificial, even sublime. It is also spectacular because it is built around the gaze, whether the vistas of Hausmann’s boulevards, the towers of Manhattan and Chicago, the shopfront ‘sea of light’ and advertising pillars noted by visitors to Weimar Berlin or the neon ‘neo-baroque’ of Las Vegas (Schivelbusch 114; Fritzsche 164; Ndalianis 535). In the year 2010 it aspires to 2020 vision, a panoptic and panspectric gaze on the part of governors and governed alike (Kullenberg 38). In contrast to the timelessness of Heidegger’s hut and the ‘fixity’ of rural backwaters, spectacular cities are volatile domains where all that is solid continues to melt into air with the aid of jackhammers and the latest ‘new media’ potentially result in a hypereality that make it difficult to determine what is real and what is not (Wark 22; Berman 19). The spectacular city embodies a dialectic. It is anomic because it induces an alienation in the spectator, a fatigue attributable to media satiation and to a sense of being a mere cog in a wheel, a disempowered and readily-replaceable entity that is denied personhood–recognition as an autonomous individual–through subjection to a Fordist and post-Fordist industrial discipline or the more insidious imprisonment of being ‘a housewife’, one ant in a very large ant hill (Dyer-Witheford 58). People, however, are not automatons: they experience media, modernity and urbanism in different ways. The same attributes that erode the selfhood of some people enhance the autonomy and personhood of others. The spectacular city, now a matrix of digits, information flows and opportunities, is a realm in which people can subvert expectations and find scope for self-fulfillment, whether by wearing a hoodie that defeats CCTV or by using digital technologies to find and associate with other members of stigmatized affinity groups. One person’s anomie is another’s opportunity. Ambience and Virtualisation Eighty years after Fritz Lang’s Metropolis forecast a cyber-sociality, digital technologies are resulting in a ‘virtualisation’ of social interactions and cities. In post-modern cityscapes, the space of flows comprises an increasing number of electronic exchanges through physically disjointed places (Castells 2002). Virtualisation involves supplementation or replacement of face-to-face contact with hypersocial communication via new media, including SMS, email, blogging and Facebook. In 2010 your friends (or your boss or a bully) may always be just a few keystrokes away, irrespective of whether it is raining outside, there is a public transport strike or the car is in for repairs (Hassan 69; Baron 215). Virtualisation also involves an abstraction of bodies and physical movements, with the information that represents individual identities or vehicles traversing the virtual spaces comprised of CCTV networks (where viewers never encounter the person or crowd face to face), rail ticketing systems and road management systems (x e-Tag passed by this tag reader, y camera logged a specific vehicle onto a database using automated number-plate recognition software) (Wood 93; Lyon 253). Surveillant Cities Pervasive anxiety is a permanent and recurrent feature of urban experience. Often navigated by an urgency to control perceived disorder, both physically and through cultivated dominant theory (early twentieth century gendered discourses to push women back into the private sphere; ethno-racial closure and control in the Black Metropolis of 1940s Chicago), history is punctuated by attempts to dissolve public debate and infringe minority freedoms (Wilson 1991). In the Post-modern city unprecedented technological capacity generates a totalizing media vector whose plausible by-product is the perception of an ambient menace (Wark 3). Concurrent faith in technology as a cost-effective mechanism for public management (policing, traffic, planning, revenue generation) has resulted in emergence of the surveillant city. It is both a social and architectural fabric whose infrastructure is dotted with sensors and whose people assume that they will be monitored by private/public sector entities and directed by interactive traffic management systems – from electronic speed signs and congestion indicators through to rail schedule displays –leveraging data collected through those sensors. The fabric embodies tensions between governance (at its crudest, enforcement of law by police and their surrogates in private security services) and the soft cage of digital governmentality, with people being disciplined through knowledge that they are being watched and that the observation may be shared with others in an official or non-official shaming (Parenti 51; Staples 41). Encounters with a railway station CCTV might thus result in exhibition of the individual in court or on broadcast television, whether in nightly news or in a ‘reality tv’ crime expose built around ‘most wanted’ footage (Jermyn 109). Misbehaviour by a partner might merely result in scrutiny of mobile phone bills or web browser histories (which illicit content has the partner consumed, which parts of cyberspace has been visited), followed by a visit to the family court. It might instead result in digital viligilantism, with private offences being named and shamed on electronic walls across the global village, such as Facebook. iPhone Auteurism Activists have responded to pervasive surveillance by turning the cameras on ‘the watchers’ in an exercise of ‘sousveillance’ (Bennett 13; Huey 158). That mirroring might involve the meticulous documentation, often using the same geospatial tools deployed by public/private security agents, of the location of closed circuit television cameras and other surveillance devices. One outcome is the production of maps identifying who is watching and where that watching is taking place. As a corollary, people with anxieties about being surveilled, with a taste for street theatre or a receptiveness to a new form of urban adventure have used those maps to traverse cities via routes along which they cannot be identified by cameras, tags and other tools of the panoptic sort, or to simply adopt masks at particular locations. In 2020 can anyone aspire to be a protagonist in V for Vendetta? (iSee) Mirroring might take more visceral forms, with protestors for example increasingly making a practice of capturing images of police and private security services dealing with marches, riots and pickets. The advent of 3G mobile phones with a still/video image capability and ongoing ‘dematerialisation’ of traditional video cameras (ie progressively cheaper, lighter, more robust, less visible) means that those engaged in political action can document interaction with authority. So can passers-by. That ambient imaging, turning the public gaze on power and thereby potentially redefining the ‘public’ (given that in Australia the community has been embodied by the state and discourse has been mediated by state-sanctioned media), poses challenges for media scholars and exponents of an invigorated civil society in which we are looking together – and looking at each other – rather than bowling alone. One challenge for consumers in construing ambient media is trust. Can we believe what we see, particularly when few audiences have forensic skills and intermediaries such as commercial broadcasters may privilege immediacy (the ‘breaking news’ snippet from participants) over context and verification. Social critics such as Baudelaire and Benjamin exalt the flaneur, the free spirit who gazed on the street, a street that was as much a spectacle as the theatre and as vibrant as the circus. In 2010 the same technologies that empower citizen journalism and foster a succession of velvet revolutions feed flaneurs whose streetwalking doesn’t extend beyond a keyboard and a modem. The US and UK have thus seen emergence of gawker services, with new media entrepreneurs attempting to build sustainable businesses by encouraging fans to report the location of celebrities (and ideally provide images of those encounters) for the delectation of people who are web surfing or receiving a tweet (Burns 24). In the age of ambient cameras, where the media are everywhere and nowhere (and micro-stock photoservices challenge agencies such as Magnum), everyone can join the paparazzi. Anyone can deploy that ambient surveillance to become a stalker. The enthusiasm with which fans publish sightings of celebrities will presumably facilitate attacks on bodies rather than images. Information may want to be free but so, inconveniently, do iconoclasts and practitioners of participatory panopticism (Dodge 431; Dennis 348). Rhetoric about ‘citizen journalism’ has been co-opted by ‘old media’, with national broadcasters and commercial enterprises soliciting still images and video from non-professionals, whether for free or on a commercial basis. It is a world where ‘journalists’ are everywhere and where responsibility resides uncertainly at the editorial desk, able to reject or accept offerings from people with cameras but without the industrial discipline formerly exercised through professional training and adherence to formal codes of practice. It is thus unsurprising that South Australia’s Government, echoed by some peers, has mooted anti-gawker legislation aimed at would-be auteurs who impede emergency services by stopping their cars to take photos of bushfires, road accidents or other disasters. The flipside of that iPhone auteurism is anxiety about the public gaze, expressed through moral panics regarding street photography and sexting. Apart from a handful of exceptions (notably photography in the Sydney Opera House precinct, in the immediate vicinity of defence facilities and in some national parks), Australian law does not prohibit ‘street photography’ which includes photographs or videos of streetscapes or public places. Despite periodic assertions that it is a criminal offence to take photographs of people–particularly minors–without permission from an official, parent/guardian or individual there is no general restriction on ambient photography in public spaces. Moral panics about photographs of children (or adults) on beaches or in the street reflect an ambient anxiety in which danger is associated with strangers and strangers are everywhere (Marr 7; Bauman 93). That conceptualisation is one that would delight people who are wholly innocent of Judith Butler or Andrea Dworkin, in which the gaze (ever pervasive, ever powerful) is tantamount to a violation. The reality is more prosaic: most child sex offences involve intimates, rather than the ‘monstrous other’ with the telephoto lens or collection of nastiness on his iPod (Cossins 435; Ingebretsen 190). Recognition of that reality is important in considering moves that would egregiously restrict legitimate photography in public spaces or happy snaps made by doting relatives. An ambient image–unposed, unpremeditated, uncoerced–of an intimate may empower both authors and subjects when little is solid and memory is fleeting. The same caution might usefully be applied in considering alarms about sexting, ie creation using mobile phones (and access by phone or computer monitor) of intimate images of teenagers by teenagers. Australian governments have moved to emulate their US peers, treating such photography as a criminal offence that can be conceptualized as child pornography and addressed through permanent inclusion in sex offender registers. Lifelong stigmatisation is inappropriate in dealing with naïve or brash 12 and 16 year olds who have been exchanging intimate images without an awareness of legal frameworks or an understanding of consequences (Shafron-Perez 432). Cameras may be everywhere among the e-generation but legal knowledge, like the future, is unevenly distributed. Digital Handcuffs Generations prior to 2008 lost themselves in the streets, gaining individuality or personhood by escaping the surveillance inherent in living at home, being observed by neighbours or simply surrounded by colleagues. Streets offered anonymity and autonomy (Simmel 1903), one reason why heterodox sexuality has traditionally been negotiated in parks and other beats and on kerbs where sex workers ply their trade (Dalton 375). Recent decades have seen a privatisation of those public spaces, with urban planning and digital technologies imposing a new governmentality on hitherto ambient ‘deviance’ and on voyeuristic-exhibitionist practice such as heterosexual ‘dogging’ (Bell 387). That governmentality has been enforced through mechanisms such as replacement of traditional public toilets with ‘pods’ that are conveniently maintained by global service providers such as Veolia (the unromantic but profitable rump of former media & sewers conglomerate Vivendi) and function as billboards for advertising groups such as JC Decaux. Faces encountered in the vicinity of the twenty-first century pissoir are thus likely to be those of supermodels selling yoghurt, low interest loans or sportsgear – the same faces sighted at other venues across the nation and across the globe. Visiting ‘the mens’ gives new meaning to the word ambience when you are more likely to encounter Louis Vuitton and a CCTV camera than George Michael. George’s face, or that of Madonna, Barack Obama, Kevin 07 or Homer Simpson, might instead be sighted on the tshirts or hoodies mentioned above. George’s music might also be borne on the bodies of people you see in the park, on the street, or in the bus. This is the age of ambient performance, taken out of concert halls and virtualised on iPods, Walkmen and other personal devices, music at the demand of the consumer rather than as rationed by concert managers (Bull 85). The cost of that ambience, liberation of performance from time and space constraints, may be a Weberian disenchantment (Steiner 434). Technology has also removed anonymity by offering digital handcuffs to employees, partners, friends and children. The same mobile phones used in the past to offer excuses or otherwise disguise the bearer’s movement may now be tied to an observer through location services that plot the person’s movement across Google Maps or the geospatial information of similar services. That tracking is an extension into the private realm of the identification we now take for granted when using taxis or logistics services, with corporate Australia for example investing in systems that allow accurate determination of where a shipment is located (on Sydney Harbour Bridge? the loading dock? accompanying the truck driver on unauthorized visits to the pub?) and a forecast of when it will arrive (Monmonier 76). Such technologies are being used on a smaller scale to enforce digital Fordism among the binary proletariat in corporate buildings and campuses, with ‘smart badges’ and biometric gateways logging an individual’s movement across institutional terrain (so many minutes in the conference room, so many minutes in the bathroom or lingering among the faux rainforest near the Vice Chancellery) (Bolt). Bright Lights, Blog City It is a truth universally acknowledged, at least by right-thinking Foucauldians, that modernity is a matter of coercion and anomie as all that is solid melts into air. If we are living in an age of hypersocialisation and hypercapitalism – movies and friends on tap, along with the panoptic sorting by marketers and pervasive scrutiny by both the ‘information state’ and public audiences (the million people or one person reading your blog) that is an inevitable accompaniment of the digital cornucopia–we might ask whether everyone is or should be unhappy. This article began by highlighting traditional responses to the bright lights, brashness and excitement of the big city. One conclusion might be that in 2010 not much has changed. Some people experience ambient information as liberating; others as threatening, productive of physical danger or of a more insidious anomie in which personal identity is blurred by an ineluctable electro-smog. There is disagreement about the professionalism (for which read ethics and inhibitions) of ‘citizen media’ and about a culture in which, as in the 1920s, audiences believe that they ‘own the image’ embodying the celebrity or public malefactor. Digital technologies allow you to navigate through the urban maze and allow officials, marketers or the hostile to track you. Those same technologies allow you to subvert both the governmentality and governance. You are free: Be ambient! References Baron, Naomi. Always On: Language in an Online and Mobile World. New York: Oxford UP, 2008. Bauman, Zygmunt. 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Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75-76). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. The author extends thanks to Richard Neville, Margot Riley, Kirsten Thorpe, and Justine Wilson of the State Library of New South Wales for sharing their knowledge and offering their support. The author is also grateful to the reviewers for their careful reading of the manuscript and for making valuable suggestions. ReferencesAboriginal Heritage Tasmania. “Scarred Trees.” Aboriginal Cultural Heritage, 2012. 12 Sep. 2015 ‹http://www.aboriginalheritage.tas.gov.au/aboriginal-cultural-heritage/archaeological-site-types/scarred-trees›.Arthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Governor Davey’s [sic – actually Governor Arthur’s] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30]. Graphic Materials. Sydney: Mitchell Library, State Library of NSW, c. 1828-30.Bock, Thomas. Mathinna. Watercolour and Gouache on Paper. 23 x 19 cm (oval), c. 1840.Carroll, Khadija von Zinnenburg. Art in the Time of Colony: Empires and the Making of the Modern World, 1650-2000. Farnham, UK: Ashgate Publishing, 2014.Clark, Manning. History of Australia. Abridged by Michael Cathcart. Melbourne: Melbourne University Press, 1997 [1993]. Clements, Nicholas. The Black War: Fear, Sex and Resistance in Tasmania. St Lucia, Qld.: U of Queensland P, 2014.Colonial Times. “Hobart Town.” Colonial Times 5 Mar. 1830: 2.The Commissioners. Intercolonial Exhibition Official Catalogue. 2nd ed. Melbourne: Blundell & Ford, 1866.Darian-Smith, Kate, and Penelope Edmonds. “Conciliation on Colonial Frontiers.” Conciliation on Colonial Frontiers: Conflict, Performance and Commemoration in Australia and the Pacific Rim. Eds. Kate Darian-Smith and Penelope Edmonds. New York: Routledge, 2015. 1–14. Edmonds, Penelope. “‘Failing in Every Endeavour to Conciliate’: Governor Arthur’s Proclamation Boards to the Aborigines, Australian Conciliation Narratives and Their Transnational Connections.” Journal of Australian Studies 35.2 (2011): 201–18.———. “The Proclamation Cup: Tasmanian Potter Violet Mace and Colonial Quotations.” reCollections 5.2 (2010). 20 May 2015 ‹http://recollections.nma.gov.au/issues/vol_5_no_2/papers/the_proclamation_cup_›.Felton, Heather. “Mathinna.” Companion to Tasmanian History. Hobart: Centre for Tasmanian Historical Studies, University of Tasmania, 2006. 29 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/M/Mathinna.htm›.Gall, Jennifer. Library of Dreams: Treasures from the National Library of Australia. Canberra: National Library of Australia, 2011.Hull, Hugh M. “Tasmanian Hieroglyphics.” The Hobart Mercury 26 Nov. 1874: 3.James, P.D. Talking about Detective Fiction. New York: Alfred A. Knopf, 2009.Mace, Violet. Violet Mace’s Proclamation Jug. Glazed Earthernware. Launceston: Queen Victoria Museum and Art Gallery, 1928.———. Violet Mace’s Proclamation Cup. Glazed Earthernware. Canberra: National Museum of Australia, 1934.McCulloch, Samuel Clyde. “Sir George Gipps and Eastern Australia’s Policy toward the Aborigine, 1838-46.” The Journal of Modern History 33.3 (1961): 261–69.Morris, John. “Notes on a Message to the Tasmanian Aborigines in 1829, popularly called ‘Governor Davey’s Proclamation to the Aborigines, 1816’.” Australiana 10.3 (1988): 84–7.Nettelbeck, Amanda. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Newman, Terry. “Tasmania, the Name.” Companion to Tasmanian History, 2006. 16 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/T/Tasmania%20name.htm›.Reece, Robert H.W., in Amanda Nettelbeck. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Ryan, Lyndall. “The Black Line in Van Diemen’s Land: Success or Failure?” Journal of Australian Studies 37.1 (2013): 3–18.Savery, Henry. Quintus Servinton: A Tale Founded upon Events of Real Occurrence. Hobart Town: Henry Melville, 1830.Turnbull, Clive. Black War: The Extermination of the Tasmanian Aborigines. Melbourne: Sun Books, 1974 [1948].

A slash manip is a photo remix that montages visual signs from popular media with those from gay pornography, creating a new cultural artefact. Slash (see Russ) is a fannish practice that homoeroticises the bonds between male media characters and personalities—female pairings are categorised separately as ‘femslash’. Slash has been defined almost exclusively as a female practice. While fandom is indeed “women-centred” (Bury 2), such definitions have a tendency to exclude male contributions. Remix has been well acknowledged in discussions on slash, most notably video remix in relation to slash vids (Kreisinger). Non-written slash forms such as slash vids (see Russo) and slash fanart (see Dennis) have received increased attention in recent years. This article continues the tradition of moving beyond fiction by considering the non-written form of slash manips, yet to receive sustained scholarly attention. Speaking as a practitioner—my slash manips can be found here—I perform textual analysis from an aca–fan (academic and fan) position of two Merlin slash manips by male Tumblr artist wandsinhand. My textual analysis is influenced by Barthes’s use of image semiotics, which he applies to the advertising image. Barthes notes that “all images are polysemous”, that underlying their signifiers they imply “a ‘floating chain’ of signifieds, the reader able to choose some and ignore others” (274). That said, the advertising image, he argues, constructs an “undoubtedly intentional […] signification”, making it ideally suited for analysis (270). By supplementing my analysis with excerpts from two interviews I conducted with wandsinhand in February and April 2013 (quoted here with permission), I support my readings with respect to the artist’s stated ‘intentional reading’. I then contextualise these readings with respect to canon (Merlin) representations and gay pornography—via the chosen sexual acts/positions, bukkake and doggystyle, of the pornographic base models, as selected by the artist. This approach allows me to examine the photo remix qualities of slash manips with respect to the artist’s intentions as well as how artistic choices of inclusion function to anchor meaning in the works. I describe these choices as the ‘semiotic significance of selection’. Together the readings and interviews in this article help illustrate the value of this form and the new avenues it opens for slash scholars, such as consideration of photo remix and male production, and the importance of gay pornography to slash. My interviews also reveal, via the artist’s own assessment of the ‘value’ of his practice, a tendency to devalue or overlook the significance of this particular slash form, affirming a real need for further critical engagement with this under-examined practice. Slash Photo Remix: Famous Faces, Porny Bodies Lessig defines remix culture as based on an activity of “rip, mix and burn” (12–5); while Navas describes it as a “practice of cut/copy and paste” (159)—the latter being more applicable to photo remix. Whereas Lessig is concerned primarily with issues of copyright, Navas is interested in remix’s role in aesthetics and the political economy. Within fan studies, slash vids—a form of video remix—has been a topic of considerable academic interest in recent years. Slash manips—a form of photo or image remix—however, has not attracted the same degree of interest. Stasi’s description of slash as “a non-hierarchical, rich layering of genres” points to the usefulness of slash manips as an embodiment of the process of slash; whereby artists combine, blend and mutate graphic layers from popular media with those from gay pornography. Aesthetics and the slash manip process are central concerns of this article’s consideration of slash photo remix. Slash manips, or slash photo montage, use image manipulation software (Adobe Photoshop being the community standard, see wandsinhand’s tutorial) to layer the heads of male fictional characters from stills or promotional images with scenes—static or moving—from gay pornography. Once an artist has selected pornographic ‘base models’ anatomically suited to canon characters, these models are often then repositioned into the canon universe, which in the case of Merlin means a medieval setting. (Works not repositioned and without added details from canon are generally categorised as ‘male celebrity fakes’ rather than ‘slash manips’.) Stedman contends that while many fan studies scholars are interested in remix, “studies commonly focus on examples of remixed objects rather than the compositional strategies used by remix composers themselves” (107). He advocates moving beyond an exclusive consideration of “text-centred approaches” to also consider “practice-” and “composer-centred” approaches. Such approaches offer insight into “the detailed choices composers actually make when composing” (107). He refers to recognition of the skills required by a remix composer as “remix literacy” (108). This article’s consideration of the various choices and skills that go into the composition of slash manips—what I term the ‘semiotic significance of selection’—is explored with respect to wandsinhand’s practice, coupling my reading—informed by my experience as a practitioner—with the interpretations of the artist himself. Jenkins defines slash as “reaction against” constructions of male sexuality in both popular media and pornography (189). By their very nature, slash manips also make clear the oft-overlooked connections between slash and gay pornography, and in turn the contributions of gay male participants, who are well represented by the form. This contrasts with a tendency within scholarship to compare slash with heterosexual female forms, such as the romance genre (Salmon and Symons). Gay pornography plays a visible role in slash manips—and slash vids, which often remix scenes from popular media with gay cinema and pornography. Slash as Romance, Slash as Pornography Early scholarship on slash (see Russ; Lamb and Veith) defines it as a form of erotica or pornography, by and for women; a reductive definition that fails to take into account men’s contribution, yet one that many researchers continue to adopt today. As stated above, there has also been a tendency within scholarship to align the practice with heterosexual female forms such as the romance genre. Such a tendency is by and large due to theorisation of slash as heterosexual female fantasy—and concerned primarily with romance and intimacy rather than sex (see Woledge). Weinstein describes slash as more a “fascination with” than a “representation of” homosexual relationships (615); while MacDonald makes the point that homosexuality is not a major political motivator for slash (28–9). There is no refuting that slash—along with most fannish practice—is female dominated, ethnographic work and fandom surveys reveal that is the case. However there is great need for research into male production of slash, particularly how such practices might challenge reigning definitions and assumptions of the practice. In similar Japanese practices, for example, gay male opposition to girls’ comics (shōjo) depicting love between ‘pretty boys’ (bishōunen) has been well documented (see Hori)—Men’s Love (or bara) is a subgenre of Boys’ Love (or shōnen’ai) predominately created by gay men seeking a greater connection with the lived reality of gay life (Lunsing). Dennis finds male slash fanart producers more committed to muscular representations and depiction of graphic male/male sex when compared with female-identifying artists (14, 16). He also observes that male fanart artists have a tendency of “valuing same-sex desire without a heterosexual default and placing it within the context of realistic gay relationships” (11). I have observed similar differences between male and female-identifying slash manip artists. Female-identifying Nicci Mac, for example, will often add trousers to her donor bodies, recoding them for a more romantic context. By contrast, male-identifying mythagowood is known for digitally enlarging the penises and rectums of his base models, exaggerating his work’s connection to the pornographic and the macabre. Consider, for example, mythagowood’s rationale for digitally enlarging and importing ‘lips’ for Sam’s (Supernatural) rectum in his work Ass-milk: 2012, which marks the third anniversary of the original: Originally I wasn’t going to give Sammy’s cunt any treatment (before I determined the theme) but when assmilk became the theme I had to go find a good set of lips to slap on him and I figured, it’s been three years, his hole is going to be MUCH bigger. (personal correspondence, used with permission) While mythagowood himself cautions against gendered romance/pornography slash arguments—“I find it annoying that people attribute certain specific aspects of my work to something ‘only a man’ would make.” (ibid.)—gay pornography occupies an important place in the lives of gay men as a means for entertainment, community engagement and identity-construction (see McKee). As one of the only cultural representations available to gay men, Fejes argues that gay pornography plays a crucial role in defining gay male desire and identity. This is confirmed by an Internet survey conducted by Duggan and McCreary that finds 98% of gay participants reporting exposure to pornographic material in the 30-day period prior to the survey. Further, the underground nature of gay pornographic film (see Dyer) aligns it with slash as a subcultural practice. I now analyse two Merlin slash manips with respect to the sexual positions of the pornographic base models, illustrating how gay pornography genres and ideologies referenced through these works enforce their intended meaning, as defined by the artist. A sexual act such as bukkake, as wandsinhand astutely notes, acts as a universal sign and “automatically generates a narrative for the image without anything really needing to be detailed”. Barthes argues that such a “relation between thing signified and image signifying in analogical representation” is unlike language, which has a much more ‘arbitrary’ relationship between signifier and signified (272). Bukkake and the Assertion of Masculine Power in Merlin Merlin (2008–12) is a BBC reimagining of the Arthurian legend that focuses on the coming-of-age of Arthur and his close bond with his manservant Merlin, who keeps his magical identity secret until Arthur’s final stand in the iconic Battle of Camlann. The homosexual potential of Merlin and Arthur’s story—and of magic as a metaphor for homosexuality—is something slash fans were quick to recognise. During question time at the first Merlin cast appearance at the London MCM Expo in October 2008—just one month after the show’s pilot first aired—a fan asked Morgan and James, who portray Merlin and Arthur, is Merlin “meant to be a love story between Arthur and Merlin?” James nods in jest. Wandsinhand, who is most active in the Teen Wolf (2011–present) fandom, has produced two Merlin slash manips to date, a 2013 Merlin/Arthur and a 2012 Arthur/Percival, both untitled. The Merlin/Arthur manip (see Figure 1) depicts Merlin bound and on his knees, Arthur ejaculating across his face and on his chest. Merlin is naked while Arthur is partially clothed in chainmail and armour. They are both bruised and dirty, Arthur’s injuries suggesting battle given his overall appearance, while Merlin’s suggesting abuse, given his subordinate position. The setting appears to be the royal stables, where we know Merlin spends much of his time mucking out Arthur’s horses. I am left to wonder if perhaps Merlin did not carry out this duty to Arthur’s satisfaction, and is now being punished for it; or if Arthur has returned from battle in need of sexual gratification and the endorsement of power that comes from debasing his manservant. Figure 1: wandsinhand, Untitled (Merlin/Arthur), 2013, photo montage. Courtesy the artist. Both readings are supported by Arthur’s ‘spent’ expression of disinterest or mild curiosity, while Merlin’s face emotes pain: crying and squinting through the semen obscuring his vision. The artist confirms this reading in our interview: “Arthur is using his pet Merlin to relieve some stress; Merlin of course not being too pleased about the aftermath, but obedient all the same.” The noun ‘pet’ evokes the sexual connotations of Merlin’s role as Arthur’s personal manservant, while also demoting Merlin even further than usual. He is, in Arthur’s eyes, less than human, a sexual plaything to use and abuse at will. The artist’s statement also confirms that Arthur is acting against Merlin’s will. Violence is certainly represented here, the base models having been ‘marked up’ to depict sexualisation of an already physically and emotionally abusive relationship, their relative positioning and the importation of semen heightening the humiliation. Wandsinhand’s work engages characters in sadomasochistic play, with semen and urine frequently employed to degrade and arouse—“peen wolf”, a reference to watersports, is used within his Teen Wolf practice. The two wandsinhand works analysed in this present article come without words, thus lacking a “linguistic message” (Barthes 273–6). However even so, the artist’s statement and Arthur’s stance over “his pet Merlin” mean we are still able to “skim off” (270) the meanings the image contains. The base models, for example, invite comparison with the ‘gay bukkake’ genre of gay pornography—admittedly with a single dominant male rather than a group. Gay bukkake has become a popular niche in North American gay pornography—it originated in Japan as a male–female act in the 1980s. It describes a ritualistic sexual act where a group of dominant men—often identifying as heterosexual—fuck and debase a homosexual, submissive male, commonly bareback (Durkin et al. 600). The aggression on display in this act—much like the homosocial insistency of men who partake in a ‘circle jerk’ (Mosher 318)—enables the participating men to affirm their masculinity and dominance by degrading the gay male, who is there to service (often on his knees) and receive—in any orifice of the group’s choosing—the men’s semen, and often urine as well. The equivalencies I have made here are based on the ‘performance’ of the bukkake fantasy in gay niche hazing and gay-for-pay pornography genres. These genres are fuelled by antigay sentiment, aggression and debasement of effeminate males (see Kendall). I wish here to resist the temptation of labelling the acts described above as deviant. As is a common problem with anti-pornography arguments, to attempt to fix a practice such as bukkake as deviant and abject—by, for example, equating it to rape (Franklin 24)—is to negate a much more complex consideration of distinctions and ambiguities between force and consent; lived and fantasy; where pleasure is, where it is performed and where it is taken. I extend this desire not to label the manip in question, which by exploiting the masculine posturing of Arthur effectively sexualises canon debasement. This began with the pilot when Arthur says: “Tell me Merlin, do you know how to walk on your knees?” Of the imported imagery—semen, bruising, perspiration—the key signifier is Arthur’s armour which, while torn in places, still ensures the encoding of particular signifieds: masculinity, strength and power. Doggystyle and the Subversion of Arthur’s ‘Armoured Self’ Since the romanticism and chivalric tradition of the knight in shining armour (see Huizinga) men as armoured selves have become a stoic symbol of masculine power and the benchmark for aspirational masculinity. For the medieval knight, armour reflects in its shiny surface the mettle of the man enclosed, imparting a state of ‘bodilessness’ by containing any softness beneath its shielded exterior (Burns 140). Wandsinhand’s Arthur/Percival manip (see Figure 2) subverts Arthur and the symbolism of armour with the help of arguably the only man who can: Arthur’s largest knight Percival. While a minor character among the knights, Percival’s physical presence in the series looms large, and has endeared him to slash manip artists, particularly those with only a casual interest in the series, such as wandsinhand: Why Arthur and Percival were specifically chosen had really little to do with the show’s plot, and in point of fact, I don’t really follow Merlin that closely nor am I an avid fan. […] Choosing Arthur/Percival really was just a matter of taste rather than being contextually based on their characterisations in the television show. Figure 2: wandsinhand, Untitled (Arthur/Percival), 2012, photo montage. Courtesy the artist. Concerning motivation, the artist explains: “Sometimes one’s penis decides to pick the tv show Merlin, and specifically Arthur and Percival.” The popularity of Percival among manip artists illustrates the power of physicality as a visual sign, and the valorisation of size and muscle within the gay community (see Sánchez et al.). Having his armour modified to display his muscles, the implication is that Percival does not need armour, for his body is already hard, impenetrable. He is already suited up, simultaneously man and armoured. Wandsinhand uses the physicality of this character to strip Arthur of his symbolic, masculine power. The work depicts Arthur with a dishevelled expression, his armoured chest pressed against the ground, his chainmail hitched up at the back to expose his arse, Percival threading his unsheathed cock inside him, staring expressionless at the ‘viewer’. The artist explains he “was trying to show a shift of power”: I was also hinting at some sign of struggle, which is somewhat evident on Arthur’s face too. […] I think the expressions work in concert to suggest […] a power reversal that leaves Arthur on the bottom, a position he’s not entirely comfortable accepting. There is pleasure to be had in seeing the “cocky” Arthur forcefully penetrated, “cut down to size by a bigger man” (wandsinhand). The two assume the ‘doggystyle’ position, an impersonal sexual position, without eye contact and where the penetrator sets the rhythm and intensity of each thrust. Scholars have argued that the position is degrading to the passive party, who is dehumanised by the act, a ‘dog’ (Dworkin 27); and rapper Snoop ‘Doggy’ Dogg exploits the misogynistic connotations of the position on his record Doggystyle (see Armstrong). Wandsinhand is clear in his intent to depict forceful domination of Arthur. Struggle is signified through the addition of perspiration, a trademark device used by this artist to symbolise struggle. Domination in a sexual act involves the erasure of the wishes of the dominated partner (see Cowan and Dunn). To attune oneself to the pleasures of a sexual partner is to regard them as a subject. To ignore such pleasures is to degrade the other person. The artist’s choice of pairing embraces the physicality of the male/male bond and illustrates a tendency among manip producers to privilege conventional masculine identifiers—such as size and muscle—above symbolic, nonphysical identifiers, such as status and rank. It is worth noting that muscle is more readily available in the pornographic source material used in slash manips—muscularity being a recurrent component of gay pornography (see Duggan and McCreary). In my interview with manip artist simontheduck, he describes the difficulty he had sourcing a base image “that complimented the physicality of the [Merlin] characters. […] The actor that plays Merlin is fairly thin while Arthur is pretty built, it was difficult to find one. I even had to edit Merlin’s body down further in the end.” (personal correspondence, used with permission) As wandsinhand explains, “you’re basically limited by what’s available on the internet, and even then, only what you’re prepared to sift through or screencap yourself”. Wandsinhand’s Arthur/Percival pairing selection works in tandem with other artistic decisions and inclusions—sexual position, setting, expressions, effects (perspiration, lighting)—to ensure the intended reading of the work. Antithetical size and rank positions play out in the penetration/submission act of wandsinhand’s work, in which only the stronger of the two may come out ‘on top’. Percival subverts the symbolic power structures of prince/knight, asserting his physical, sexual dominance over the physically inferior Arthur. That such a construction of Percival is incongruent with the polite, impeded-by-my-size-and-muscle-density Percival of the series speaks to the circumstances of manip production, much of which is on a taste basis, as previously noted. There are of course exceptions to this, the Teen Wolf ‘Sterek’ (Stiles/Derek) pairing being wandsinhand’s, but even in this case, size tends to couple with penetration. Slash manips often privilege physicality of the characters in question—as well as the base models selected—above any particular canon-supported slash reading. (Of course, the ‘queering’ nature of slash practice means at times there is also a desire to see such identifiers subverted, however in this example, raw masculine power prevails.) This final point is in no way representative—my practice, for example, combines manips with ficlets to offer a clearer connection with canon, while LJ’s zdae69 integrates manips, fiction and comics. However, common across slash manip artists driven by taste—and requests—rather than connection with canon—the best known being LJ’s tw-31988, demon48180 and Tumblr’s lwoodsmalestarsfakes, all of whom work across many fandoms—is interest in the ‘aesthetics of canon’, the blue hues of Teen Wolf or the fluorescent greens of Arrow (2012–present), displayed in glossy magazine format using services such as ISSUU. In short, ‘the look’ of the work often takes precedent over canonical implications of any artistic decisions. “Nothing Too Serious”: Slash Manips as Objects Worth Studying It had long been believed that the popular was the transient, that of entertainment rather than enlightenment; that which is manufactured, “an appendage of the machinery”, consumed by the duped masses and a product not of culture but of a ‘culture industry’ (Adorno and Rabinbach 12). Scholars such as Radway, Ang pioneered a shift in scholarly practice, advancing the cultural studies project by challenging elitism and finding meaning in traditionally devalued cultural texts and practices. The most surprising outcome of my interviews with wandsinhand was hearing how he conceived of his practice, and the study of slash: If I knew I could get a PhD by writing a dissertation on Slash, I would probably drop out of my physics papers! […] I don’t really think too highly of faking/manip-making. I mean, it’s not like it’s high art, is it? … or is it? I guess if Duchamp’s toilet can be a masterpiece, then so can anything. But I mainly just do it to pass the time, materialise fantasies, and disperse my fantasies unto others. Nothing too serious. Wandsinhand erects various binaries—academic/fan, important/trivial, science/arts, high art/low art, profession/hobby, reality/fantasy, serious/frivolous—as justification to devalue his own artistic practice. Yet embracing the amateur, personal nature of his practice frees him to “materialise fantasies” that would perhaps not be possible without self-imposed, underground production. This is certainly supported by his body of work, which plays with taboos of the unseen, of bodily fluids and sadomasochism. My intention with this article is not to contravene views such as wandsinhand’s. Rather, it is to promote slash manips as a form of remix culture that encourages new perspectives on how slash has been defined, its connection with male producers and its symbiotic relationship with gay pornography. I have examined the ‘semiotic significance of selection’ that creates meaning in two contrary slash manips; how these works actualise and resist canon dominance, as it relates to the physical and the symbolic. This examination also offers insight into this form’s connection to and negotiation with certain ideologies of gay pornography, such as the valorisation of size and muscle. 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