Journal articles: 'Criminal Victoria'

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O'Toole, Suzanne, and Patrick Keyzer. "Rudy Frugtniet v ASIC: Things to consider if Victoria introduces a spent convictions regime (with ‘A Message to You, Rudy’)." Alternative Law Journal 44, no. 4 (October 11, 2019): 260–66. http://dx.doi.org/10.1177/1037969x19877034.

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The Legal and Social Issues Committee of the Victorian parliament will soon publish a report on spent convictions and criminal record discrimination. Victoria is the only state in Australia that does not have a spent convictions scheme. The purpose of this article is to review the recent decision of the High Court in Frugtniet v ASIC, a decision about the federal spent convictions scheme, and outline the lessons that decision provides for Victoria and for the successful appellant in that case.

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Beatrice, Megan. "A problem-solving approach to criminalised women in the Australian context." Alternative Law Journal 46, no. 1 (January 24, 2021): 41–46. http://dx.doi.org/10.1177/1037969x20985104.

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The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

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Shepherd, Stephane M., and Benjamin L. Spivak. "Estimating the extent and nature of offending by Sudanese-born individuals in Victoria." Australian & New Zealand Journal of Criminology 53, no. 3 (June 2, 2020): 352–68. http://dx.doi.org/10.1177/0004865820929066.

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The involvement in crime of some young Sudanese-born Victorians has received sustained public attention in recent years. The media coverage of these occurrences has been extensive, with some outlets criticised for sensationalist reporting and prejudiced undertones. A range of views were held across the commentariat including, for example, the notion that Sudanese-Victorian criminal involvement has been overstated; that some level of justice over-representation was inevitable due to the demographics of Sudanese-born Victorians, which skew young and male (i.e. the demographic hypothesis); and that offending rates may be associated with heightened law enforcement responses following a high-profile criminal incident in March 2016 that received protracted media coverage and political commentary (i.e. the racial-profiling hypothesis). This paper sought to address these contentions by (i) examining the offending rates of both young and adult males across three cultural sub-groups (i.e. Sudanese-born, Indigenous Australian, Australian-born) across several offending categories between 2015 and 2018 and (ii) exploring the impact of a high-profile criminal incident in March 2016, on the offending rates of Sudanese-born Victorians. Offending rates were calculated using offender incident data from the Victorian Crime Statistics Agency and population estimates from the Australian Bureau of Statistics Census data. Findings indicate that Sudanese-born individuals figure prominently in both youth and adult offending categories relative to other major cultural sub-groups. Rates for ‘crimes against the person’ were especially pronounced for Sudanese-born youth and significantly higher than rates for crimes more subject to police discretion (i.e. public order offences). The ‘demographic hypothesis’ did not hold for the specified age range of 10 to 17 years. An increase in offending was observed post-March 2016 across two offending categories for Sudanese-born Victorians. Findings are contextualised within.

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O'Malley, Pat, Garry Coventry, and Reece Walters. "Victoria's “Day in Prison Program”: An Evaluation and Critique." Australian & New Zealand Journal of Criminology 26, no. 2 (December 1993): 171–83. http://dx.doi.org/10.1177/000486589302600206.

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The use of “Day in Prison” programs to deter young adult offenders is a concept which originated in the United States and was replicated in Australia during the late 1970s. After almost a decade of uncertainty this model of ‘crime prevention’ re-emerged in Victoria with the introduction of a pilot “Day in Prison” program. This article traces the development and operation of the Victorian experience and provides evaluation research findings which conclude that coercive, intimidatory and degrading aversion techniques should not be utilised by the criminal justice system for the purposes of individual deterrence.

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Houlihan, Annette. "Risky (legal) business: HIV and criminal culpability in Victoria." International Journal of Liability and Scientific Enquiry 4, no. 4 (2011): 305. http://dx.doi.org/10.1504/ijlse.2011.044087.

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Farmer, Clare. "Upholding whose right? Discretionary police powers to punish, collective ‘pre-victimisation’ and the dilution of individual rights." Australian & New Zealand Journal of Criminology 50, no. 4 (July 25, 2016): 493–509. http://dx.doi.org/10.1177/0004865816660351.

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This article uses the example of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of individual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the individual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right – appears to belie a growing uncertainty over whose rights should be upheld and how.

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Flynn, Asher. "'Fortunately We in Victoria Are Not in That UK Situation': Australian and United Kingdom Perspectives on Plea Bargaining Reform." Deakin Law Review 16, no. 2 (December 1, 2011): 361. http://dx.doi.org/10.21153/dlr2011vol16no2art107.

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The polarisation between consistency, controls and the unscrutinised discretionary powers held by criminal justice agencies is a complex issue that transcends jurisdictions. In the Australian State of Victoria, this conflict is particularly evident in the prosecutor’s decision-making powers in the plea bargaining process, because these powers are not subject to scrutiny and the decisions made under them are not transparent. Furthermore, plea bargaining itself is a non-formalised and unscrutinised method of case resolution. While the use of discretion is an important component of prosecutorial work, it is the potentially individualised and idiosyncratic nature of unscrutinised discretionary decisions that results in plea bargaining and prosecutorial decision-making in Victoria giving rise to perceptions of inappropriateness and misconduct. Drawing upon the voices of Victorian and United Kingdom legal professionals, this article critically analyses the controls placed on United Kingdom prosecutors by the Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise 2009 (UK), and considers whether similar guidelines could be implemented in Victoria to redress problems surrounding the idiosyncratic nature of prosecutorial decision-making in plea bargaining. By offering a unique insight into the perspectives of those involved in plea bargaining, this article explores the benefits of implementing a transparent and scrutinised control on prosecutorial discretion in plea bargaining, and considers whether this would in turn offer greater safeguards, consistency and transparency of prosecutorial decision-making in Victoria.

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McCulloch, Jude. "Blue Murder: Press Coverage of Fatal Police Shootings in Victoria." Australian & New Zealand Journal of Criminology 29, no. 2 (August 1996): 102–20. http://dx.doi.org/10.1177/000486589602900202.

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This article explores the way two Melbourne daily newspapers reported the fatal police shooting of Graeme Jensen on 11 October 1988. In particular, the article examines how the newspapers dealt with reporting police suspicions about Graeme Jensen's involvement in criminal activities and the immediate circumstances of the shooting. It argues that information passed to the press by police was designed to present the shooting as the lawful and necessary killing of a dangerous criminal and thus maintain a positive police image. The newspapers assisted this process by uncritically reporting the police version of events and allegations about Graeme Jensen's involvement in crimes even when such information was contradicted by available evidence.

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Hanley, Natalia, Bianca Fileborn, Wendy Larcombe, Nicola Henry, and Anastasia Powell. "Improving the law reform process: Opportunities for empirical qualitative research?" Australian & New Zealand Journal of Criminology 49, no. 4 (July 27, 2016): 546–63. http://dx.doi.org/10.1177/0004865815604195.

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Research on law reform has identified a variety of factors that help or hinder the reform process, but it has not systematically explored the role that empirical research plays and could play in enabling and enhancing law reform. Drawing on a series of qualitative interviews with criminal law reform experts in Victoria, we analyse the current uses and perceived value of empirical research in criminal law reform and explore opportunities for qualitative research methods to be used more systematically or extensively to improve criminal law reform processes and outcomes.

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Freiberg, Arie. "'Jalal's Law': Driving Reform in the Wrong Direction." International Journal for Crime, Justice and Social Democracy 9, no. 2 (February 11, 2020): 152–69. http://dx.doi.org/10.5204/ijcjsd.v9i2.1238.

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This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

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Duy, Le Huynh Tan, and Marilyn McMahon. "Protecting the Identity of Juveniles in Criminal Proceedings in Viet Nam and Victoria." Asia-Pacific Journal on Human Rights and the Law 22, no. 2 (May 31, 2021): 115–49. http://dx.doi.org/10.1163/15718158-22020001.

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Abstract This article compares protections relating to the non-disclosure of the identity of juveniles involved in the criminal justice systems of Viet Nam and Victoria (Australia). Both jurisdictions are committed to the principle of having an open court for the trials of juveniles. Nevertheless, being mindful of recommendations made by human rights bodies such as the United Nations Committee on the Rights of the Child – which promotes a closed court for these cases – both jurisdictions also recognise the importance of protecting the identity of juveniles on trial for criminal offences. They seek to balance their competing commitments to open court hearings and the protection of privacy through severely restricting the publication of information that could identify juvenile defendants. However, a review of the law and practices in both jurisdictions identifies different impacts and a number of problems. While restrictions on the publication of identifying information works effectively in Victoria, relevant laws are regularly breached without prosecution in Viet Nam. Significantly, existing protections in both Viet Nam and Victoria are almost exclusively focused on the trial phase and very few effective protections exist at earlier points, such as arrest and interrogation. This was highlighted by a focused investigation of pre-trial detention (bail), which revealed that while the practical operation of bail processes in Victoria is relatively stronger than in Viet Nam, statutory reform is required in both jurisdictions to strengthen legal protections against disclosure. In summary, the analysis demonstrates that it is possible to effectively protect the identity of juvenile defendants at the trial phase in an open court system provided that laws prohibiting the publication of identifying information are enacted, observed and enforced. In Viet Nam, significant changes in attitudes and practices are required to achieve this. Moreover, reform is required in both jurisdictions if the identity of juveniles involved in criminal justice proceedings is to be protected at the pre-trial phase.

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Baksheev, Gennady N., Lisa J. Warren, James R. P. Ogloff, and Stuart D. M. Thomas. "Correlates of criminal victimisation among police cell detainees in Victoria, Australia." Police Practice and Research 14, no. 6 (March 15, 2012): 522–34. http://dx.doi.org/10.1080/15614263.2012.670032.

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Mackay, Michael. "Aboriginal juveniles and the criminal justice system: The case of Victoria." Children Australia 21, no. 3 (1996): 11–22. http://dx.doi.org/10.1017/s1035077200007161.

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In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.

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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Measuring jurors’ views on sentencing: Results from the second Australian jury sentencing study." Punishment & Society 19, no. 2 (August 1, 2016): 180–202. http://dx.doi.org/10.1177/1462474516660697.

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This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and show that the views of judges and jurors are much more closely aligned than mass public opinion surveys would suggest.

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de Brouwer, Anne-Marie, and Eefje de Volder. "International Criminal Court (ICC): Dominic Ongwen." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 2, no. 1 (July 8, 2021): 49–57. http://dx.doi.org/10.7590/266644721x16239186251251.

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On 4 February 2021, the ICC's Trial Chamber IX found Lord Resistance Army's Commander Dominic Ongwen guilty for a total of 61 crimes comprising crimes against humanity and war crimes, including many conflict-related sexual and gender-based violence crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. On 6 May 2021, Dominic Ongwen was sentenced to 25 years imprisonment for these crimes.<br/> In this Q&A we discuss this case with three renowned experts, namely Victoria Nyanjura (Survivor, Founder Women in Action for Women Uganda), Joseph Manoba (lawyer and Legal Representative for victims in the Ongwen case) and Lorraine Smith van Lin (independent victim's rights expert). By answering 11 questions, they provide insight in the complexity of this case, including how it is perceived by LRA victims and survivors in Uganda.

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Wallace, Cameron, Paul E. Mullen, Philip Burgess, Simon Palmer, David Ruschena, and Chris Browne. "Serious criminal offending and mental disorder." British Journal of Psychiatry 172, no. 6 (June 1998): 477–84. http://dx.doi.org/10.1192/bjp.172.6.477.

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BackgroundA relationship exists between mental disorder and offending behaviours but the nature and extent of the association remains in doubt.MethodThose convicted in the higher courts of Victoria between 1993 and 1995 had their pyschiatric history explored by case linkage to a register listing virtually all contacts with the public psychiatric services.ResultsPrior psychiatric contact was found in 25% of offenders, but the personality disorder and substance misuse accounted for much of this relationship. Schizophrenia and affective disorders were also over-represented, particularly those with coexisting substance misuse.ConclusionsThe increased offending in schizophrenia and affective illness is modest and may often be mediated by coexisting substance misuse. The risk of a serious crime being committed by someone with a major mental illness is small and does not justify subjecting them, as a group, to either increased institutional containment or greater coercion.

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Beyer, Lorraine, Gary Reid, and Nick Crofts. "Ethnic Based Differences in Drug Offending." Australian & New Zealand Journal of Criminology 34, no. 2 (August 2001): 169–81. http://dx.doi.org/10.1177/000486580103400205.

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There is a perception in Victoria that some ethnic groups are more heavily involved in illicit drugs than others. The published police and prison statistics appear to support this view. The paper discusses why published statistics show an increase in drug offending by people of Vietnamese birth, describes some of the outcomes of current criminal justice responses to the illicit drug problem in Victoria, and identifies differing offending patterns between drug offenders of “Asian” and “non-Asian” backgrounds. Court and Juvenile Justice key informants’ perceptions of the reasons young “Asian” people become involved with heroin is also briefly discussed.

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Piper, Alana Jayne, and Victoria Nagy. "Versatile Offending: Criminal Careers of Female Prisoners in Australia, 1860–1920." Journal of Interdisciplinary History 48, no. 2 (August 2017): 187–210. http://dx.doi.org/10.1162/jinh_a_01125.

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The use of longitudinal data from the criminal records of a sample of 6,042 female prisoners in nineteenth- and twentieth-century Victoria reveals limitations in the traditional method of examining criminality within specific offense categories. Investigations devoted exclusively to particular categories of women’s offenses potentially obscures the extent to which women resorted to multiple forms of offending. Such versatile activity challenges conceptions of women as predominantly petty offenders by suggesting that some women were arrested for minor offenses because of their engagement in more serious crimes and their participation in criminal sub-cultures.

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Borowski, Allan, and Rosemary Sheehan. "Magistrates' Perspectives on the Criminal Division of the Children's Court of Victoria." Australian Social Work 66, no. 3 (September 2013): 375–90. http://dx.doi.org/10.1080/0312407x.2012.705307.

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Schermuly, Allegra Clare, and Helen Forbes-Mewett. "Police legitimacy: perspectives of migrants and non-migrants in Australia." Journal of Criminological Research, Policy and Practice 5, no. 1 (February 28, 2019): 50–63. http://dx.doi.org/10.1108/jcrpp-08-2018-0025.

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Purpose This paper is drawn from a larger study investigating community perceptions of police legitimacy in the Monash Local Government Area (LGA), in the Australian state of Victoria. Monash had seen declining results in the official government survey in the indicators that assessed police legitimacy over the preceding decade. The purpose of this paper is to explore the perceptions of both migrant and non-migrant participants to understand the role of migrant status in influencing assessments of police legitimacy in Monash LGA. Design/methodology/approach Through six focus groups, 18 interviews and one e-mail response with 31 individuals, perceptions of Victoria Police among the communities of Monash were collated and analysed. Findings One of the key findings of the study was that ethnic diversity and/or migrant status of community members were a key factor raised in response to questions about community perceptions of the legitimacy of Victoria Police in Monash LGA. Demographic change had been significant in Monash LGA over the preceding decade, including increasing ethnic diversity in the population and a shift in migration patterns from predominantly European to migrants from East and South Asia. In this paper, the authors suggest that the migrant status of Monash residents was a key factor that both migrant and non-migrant participants thought influenced perceptions of the police. Accordingly, because migrants make up a significant cohort of Australia’s population, we afford due attention to this previously overlooked topic. Practical implications The practical implications of this paper are as follows: existing Victoria Police partnerships in the Monash community should be continued and expanded where possible; Victoria Police should also prioritise partnerships with large, new migrant communities, for example, Monash’s Chinese communities; orientation for new migrants to Victoria around the criminal justice system, including Victoria Police, would help new migrants be more aware of their rights and what to expect of law enforcement in their new host country; police should continue to increase representation of ethnic diversity in the force via recruitment of greater numbers of ethnically diverse police members. Originality/value Although there have been previous Australian studies on migrant status as a factor in perceptions of criminal justice (see Murphy and Cherney, 2011, 2012; Hong Chui and Kwok-Yin Cheng, 2014), the paper identifies a distinct narrative around migrants’ views of Victoria Police which the authors believe warrant further investigation using an example from a local context. Furthermore, most research in this field has been quantitative. The current study provides additional new insights through an in-depth qualitative approach.

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Borysov, Viacheslav Ivanovych. "Response of the official opponent to the dissertation of Babanina Victoria Viktorivna "Criminal legislation of Ukraine: the mechanism of creation and implementation"." Herald of the Association of Criminal Law of Ukraine 1, no. 15 (August 6, 2021): 276–92. http://dx.doi.org/10.21564/2311-9640.2021.15.233110.

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The relevance of the topic of dissertation research of Babanina Victoria Viktorivna "Criminal legislation of Ukraine: the mechanism of creation and implementation" is considered. The degree of validity and reliability of scientific provisions, conclusions and recommendations formulated in the dissertation are highlighted. The scientific novelty and practical significance of the results obtained in the dissertation are established.

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Fitz-Gibbon, Kate, and Wendy O'Brien. "A Child’s Capacity to Commit Crime: Examining the Operation of Doli Incapax in Victoria (Australia)." International Journal for Crime, Justice and Social Democracy 8, no. 1 (February 19, 2019): 18–33. http://dx.doi.org/10.5204/ijcjsd.v8i1.1047.

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The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.

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Douglas, Roger, Kathy Laster, and Nicole Inglis. "Victims of Efficiency: Tracking Victim Impact Information through the System in Victoria, Australia." International Review of Victimology 3, no. 1-2 (January 1994): 95–110. http://dx.doi.org/10.1177/026975809400300207.

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The courts of summary jurisdiction in Victoria have recently streamlined procedures for the hearing of guilty pleas: sentencing decisions are now determined largely on the basis of a brief summary of ‘facts’ presented by the prosecution. To assess the extent to which these summaries detail the harm suffered by victims we analysed 276 assault case summaries. The data indicate that summaries rarely report details of victim injury even where this information had been gathered by police. However, the data also suggest that disclosing details of victim injury makes little difference to sentencing and other decisions. This article outlines how existing procedures have allowed information about victims to ‘get lost’ in the system. It argues that demands for reform of the criminal justice system to give greater attention to the interests of victims must take into account the system's commitment to administrative rationalism and technocratic justice. Systematising police summaries in the mention court may prove to be a practical way of reconciling the concerns of victims with the organisational priorities of criminal justice agencies.

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Dingle, Lesley. "Conversations with Professor Anthony Terry Hanmer “Tony” Smith: a New Zealander's Journey Through English Academia, and Notions of Criminality in Common Law Jurisdictions." Legal Information Management 17, no. 1 (March 2017): 24–34. http://dx.doi.org/10.1017/s147266961700010x.

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AbstractProfessor Tony Smith was born in Christchurch, New Zealand in 1947. He completed his LLB and LLM at Canterbury University, interspersed with a short-lived sortie into legal work with the Treasury. It was during these formative years that he acquired the deep interest in criminal law and its social and constitutional ramifications that has underpinned his whole career, and which gained him numerous academic advances, culminating in his chair of Criminal and Public Law at Cambridge University in 1996. He is currently Professor of Law at Victoria University, Wellington. This article is written by Lesley Dingle and is based on her interviews with Professor Smith which have been incorporated into the Eminent Scholars Archive at Cambridge.

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Larcombe, Wendy, Bianca Fileborn, Anastasia Powell, Nicola Henry, and Natalia Hanley. "Reforming the Legal Definition of Rape in Victoria - What Do Stakeholders Think?" QUT Law Review 15, no. 2 (December 17, 2015): 30. http://dx.doi.org/10.5204/qutlr.v15i2.635.

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<p class="MsoNormal" style="margin: 0cm 0cm 0pt; text-align: justify;"><em><span style="line-height: 115%; font-family: 'Times New Roman','serif'; font-size: 12pt;">Internationally and in Australia, rape law reforms in recent decades have had mixed outcomes. As a result, when the Victorian government began consulting on another round of major reforms in this area, the authors designed a qualitative research project to investigate whether a proposed change to the definition of rape is likely to clarify and simplify the law, as intended. This article draws on a series of semi-structured interviews with stakeholders who have extensive practice- or research-based expertise in criminal justice processing of rape cases. We analyse their perceptions and interpretations of a proposed definition of rape, which would require an absence of ‘reasonable belief’ in consent, and explore potential impacts and limits of this reform. Given that the investigated reform proposal has now been adopted, and will come into effect in July 2015, our findings provide unique insight into stakeholders’ expectations of this latest reform of rape law in Victoria. Our findings suggest that this reform, like a number of its predecessors, may struggle to achieve its policy objectives. </span></em></p>

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Turner, Trevor. "Erotomania and Queen Victoria: or love among the assassins?" Psychiatric Bulletin 14, no. 4 (April 1990): 224–27. http://dx.doi.org/10.1192/pb.14.4.224.

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The issue of crime and insanity in Victorian Britain is dominated by the 1843 case of Daniel McNaughton. Hounded by paranoid delusions, about which he was relatively unforthcoming despite detailed questioning, he succeeded in shooting Henry Drummond, private secretary to the Prime Minister, Robert Peel. Thinking that it was Peel himself he had shot, McNaughton is quoted by the arresting policeman as stating “he shall break my peace of mind no longer”. The furore over his trial and non-execution filtered down the century, via the McNaughton rules. Daniel himself mouldered in Bethlem and Broadmoor for the rest of his days (West & Walk, 1977, esp. p. 93). But much more prevalent in the public's eye were the seven (at least) serious assaults on the Queen. Not only did they bring about a new criminal charge (vide infra) – but their recurrence tended to promote pro-royalist sympathies as well as pro-custodial attitudes towards “the insane”.

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Douglas, Roger. "Restrained Dissent; Restrained Repression: Political Offenders and the Victorian Criminal Courts." Australian & New Zealand Journal of Criminology 22, no. 4 (December 1989): 237–58. http://dx.doi.org/10.1177/000486588902200404.

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This article examines the conduct of political trials in Victoria between 1966–1989. Using a definition of political trial which classes trials as “political” if they relate to offences arising out of some form of political activity, the article discusses the problems faced by prosecutors, defendants and magistrates and judges in determining an optimal response to the problems and opportunities created by political trials. It examines prosecution strategies (the decision to withdraw charges); defence strategies (plea, type of defence, use of lawyers, types of plea in mitigation, decisions on whether to pay fines); and court strategies (response to contests, use of the contempt power, sentencing). Changing patterns over time are also explored. Marked differences are found to emerge between political and non-political cases, and between early and late cases.

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Edwards, Anne, and Melanie Heenan. "Rape Trials in Victoria: Gender, Socio-cultural Factors and Justice*." Australian & New Zealand Journal of Criminology 27, no. 3 (December 1994): 213–36. http://dx.doi.org/10.1177/000486589402700301.

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The criminal law with respect to rape continues to be a major focus of academic, feminist and community attention. Since the 1970s a number of reforms have been introduced into the statutes and procedures relating to the definition of rape and the conduct of rape cases in the courts. This paper reports on the results of a 1990 Melbourne study, involving first-hand observation and systematic written recording of the entire court proceedings in six rape trials. The intention was to examine the role extra-legal socio-cultural factors play in the presentation and interpretation of accounts given in court and the influence they have on the outcomes. The analysis explores in detail the influence of the following: use of physical force and resistance; alcohol; the victim's social, moral and particularly sexual character, and her relationship with the accused.

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Lovegrove, Austin. "Sentencing the Multiple Offender: Towards Detailed Sentencing Statistics for Armed Robbers." Australian & New Zealand Journal of Criminology 31, no. 1 (April 1998): 3–26. http://dx.doi.org/10.1177/000486589803100102.

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Recently, Lovegrove developed a decision model describing how judges in Victoria apply the totality principle to determine sentences for offenders convicted on multiple counts. The model, taking the form of a set of working rules, is empirically based but springs from the legal analyses of Thomas and Ashworth. This article describes a new study in which this conceptual framework is used to analyse archival sentencing data in order to show quantitatively the relationship between the effective (head) sentence determined for a case and the component sentences fixed for its comprising counts. The sample comprised 69 multiple-count cases in which armed robbery was the principal offence. They were selected from cases heard in the Victorian Court of Criminal Appeal between 1985 and 1994 (inclusive). The theoretical significance of this work is that it uses archival data to quantify an algebraic model — reciprocal function — representing the judges' approach to this sentencing problem. The practical product of this study is a method for developing, for the assistance of judges, detailed sentencing statistics: these could be used to generate an effective sentence from the sentences fixed for counts comprising a case, according to sentencing practice.

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Piper, Alana, and Lisa Durnian. "Theft on trial: Prosecution, conviction and sentencing patterns in colonial Victoria and Western Australia." Australian & New Zealand Journal of Criminology 50, no. 1 (July 27, 2016): 5–22. http://dx.doi.org/10.1177/0004865815620684.

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From Ned Kelly to Waltzing Matilda, tales of thievery dominate Australia's colonial history. Yet while theft represents one of the most pervasive forms of criminal activity, it remains an under-researched area in Australian historical scholarship. This article draws on detailed inter-jurisdictional research from Victoria and Western Australia to elaborate trends in the prosecution, conviction and sentencing of theft in colonial Australia. In particular, we use these patterns to explore courtroom attitudes towards different forms of theft by situating such statistics within the context of contemporary commentaries. We examine the way responses to theft and the protection of property were affected by colonial conditions, and consider the influence of a variety of factors on the outcomes of theft trials.

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Baidawi, Susan, and Rosemary Sheehan. "Maltreatment and Delinquency: Examining the Contexts of Offending Amongst Child Protection-Involved Children." British Journal of Social Work 50, no. 7 (October 14, 2019): 2191–211. http://dx.doi.org/10.1093/bjsw/bcz113.

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Abstract Child protection-involved children experience disproportionately high criminal justice system contact, yet little is known about the circumstances in which such children offend. This study sought to identify the contexts in which this group of children offend and factors associated with children being charged in each context. A mixed-methods analysis of Children’s Court case files was conducted utilising a cross-sectional sample of 300 children who came before three Children’s Criminal Courts in Victoria, Australia, and who also had statutory Child Protection involvement. Three key contexts of offending were identified: adolescent family violence (AFV), residential care-based offending and group-based offending. A total of 33 per cent of children had engaged in AFV (23 per cent had AFV-related charges), 36 per cent of children ever placed in residential care acquired charges relating to their behaviour in these settings, while 44 per cent of children had engaged in group-based offending. More than one-third of children (38 per cent) also had criminal charges stemming from justice system interactions (e.g. resisting arrest). Children’s cumulative neurodevelopmental, mental health and substance abuse challenges correlated with offending in each context. Strategies to reduce youth justice contact amongst child protection-involved children should consider systems responses to AFV and behavioural challenges in residential care.

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Coverdale, Richard. "Postcode Justice: Rural and Regional Disadvantage in the Administration of the Law." Deakin Law Review 16, no. 1 (August 1, 2011): 155. http://dx.doi.org/10.21153/dlr2011vol16no1art98.

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The paper signposts a number of issues identified within the research project: Postcode Justice — Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of ‘distance’ to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates’ Court criminal court programs which embrace the principles of ‘problem solving courts’ and ‘therapeutic jurisprudence’. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified ‘voice’ is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.

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Naylor, Bronwyn, and Danielle Tyson. "Reforming Defences to Homicide in Victoria: Another Attempt to Address the Gender Question." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 72–87. http://dx.doi.org/10.5204/ijcjsd.v6i3.414.

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

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McNamara, Luke, Julia Quilter, Russell Hogg, Heather Douglas, Arlie Loughnan, and David Brown. "Theorising Criminalisation: The Value of a Modalities Approach." International Journal for Crime, Justice and Social Democracy 7, no. 3 (September 1, 2018): 91–121. http://dx.doi.org/10.5204/ijcjsd.v7i3.511.

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‘Criminalisation’ has attracted considerable scholarly attention in recent years, much of it concerned with identifying the normative limits of criminal law-making. Starting from the position that effective theorisation of the legitimate uses of criminalisation as a public policy tool requires a robust empirical foundation, this article introduces a novel conceptual and methodological approach, focused on recognising a variety of modalities of criminalisation. The first part of this article introduces and explains the modalities approach we have developed. The second part seeks to demonstrate the utility of a modalities approach by presenting and discussing the findings of a pilot study of more than 100 criminal law statutes enacted in three Australian jurisdictions (New South Wales, Queensland and Victoria) between 2012 and 2016. We conclude that a modalities approach can support nuanced examination of the multiple ways in which adjustments to the parameters of criminalisation are effected. We draw attention to the complexity of the phenomenon of criminalisation, and highlight the need for further quantitative and qualitative work that includes longer-term historical analysis.

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MCASEY, BRIDGET. "A CRITICAL EVALUATION OF THE KOORI COURT DIVISION OF THE VICTORIAN MAGISTRATES’ COURT." Deakin Law Review 10, no. 2 (July 1, 2005): 654. http://dx.doi.org/10.21153/dlr2005vol10no2art298.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The Koori Court Division of the Magistrates’ Court in Victoria has been in operation since 2002. This article seeks to assess its development and operation, with the perspective that the Division has the potential to ad- dress problems Aboriginal people face in the criminal justice system and society generally. The author takes the view, however, that to fulfil this po- tential, the Division’s development and operation must function in a way that makes some effort to adjust the power imbalance between the Abo- riginal and non-Aboriginal community, The author sees a critical ap- proach to an evaluation of the Division as crucial, considering the background of treatment Aboriginal people have received at the hands of the criminal justice system and Australian society as a whole, and the negative impact of previous government policies.</span><span>] </span></p></div></div></div>

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Philips, David. "Sex, Race, Violence and the Criminal Law in Colonial Victoria: Anatomy of a Rape Case in 1888." Labour History, no. 52 (1987): 30. http://dx.doi.org/10.2307/27508820.

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Piper, Alana, and Mark Finnane. "Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria, Australia 1861–1961." Journal of Legal History 38, no. 1 (January 2, 2017): 27–53. http://dx.doi.org/10.1080/01440365.2017.1289673.

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Farmer, Clare. "Invisible Powers to Punish: Licensee-barring Order Provisions in Victoria and South Australia." International Journal for Crime, Justice and Social Democracy 8, no. 1 (February 18, 2019): 70–84. http://dx.doi.org/10.5204/ijcjsd.v8i1.1038.

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Problems associated with excessive alcohol consumption have prompted a range of legislative, regulatory and operational responses. One provision empowers licensees, in Australian jurisdictions such as Victoria and South Australia, to formally exclude patrons from their venues and the surrounding public area. The imposition of a licensee-barring order requires no demonstrable offence to be committed. No proof needs to be documented and the ban takes effect immediately. Non-compliance is subject to police enforcement and possible criminal breach proceedings. The process through which a barring order may be challenged can be ambiguous and time consuming, and the punishment is typically served regardless of the review outcome. However, limited data are available to enable assessment of the way in which barring orders are used. As such, this paper examines how licensee-barring orders extend to non-judicial and non-law enforcement officers an on-the-spot and pre-emptive power to punish. Yet, with no formal training, monitoring or meaningful oversight of their use, barring orders are open to abuse and constitute a summary power to punish that is opaque to scrutiny.

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Ong, Kevin, Andrew Carroll, Shannon Reid, and Adam Deacon. "Community Outcomes of Mentally Disordered Homicide Offenders in Victoria." Australian & New Zealand Journal of Psychiatry 43, no. 8 (January 1, 2009): 775–80. http://dx.doi.org/10.1080/00048670903001976.

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Objective: The aim of the present study was to describe characteristics and post-release outcomes of Victorian homicide offenders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (and/or its forerunner legislation) released from forensic inpatient psychiatric care since the development of specialist forensic services. Method: A legal database identified subjects meeting inclusion criteria: hospitalized in forensic psychiatric care due to finding of mental impairment or unfitness to stand trial for homicide in Victoria; released into the community; and released between 1 January 1991 and 30 April 2002. Using clinical records, demographics, index offence, progress in hospital, diagnosis, psychosocial and criminological data were obtained. Outcomes (offending or readmission into secure care) were obtained from the clinical records. Results: Of the 25 subjects, 19 (76%) were male. Primary diagnoses on admission to forensic hospital care were schizophrenia, n = 16 (64%); other psychotic disorder, n = 5 (20%); depression, n = 3 (12%); and personality disorder, n = 1 (4%). Mean time in custodial supervision was 11 years and 2 months, less for those whose offence occurred after the development of forensic rehabilitation services. In the first 3 years after release, there was a single episode of criminal recidivism, representing a recidivism rate of 1 in 25 (4%) over 3 years. Twelve subjects (48%) were readmitted at some point in the 3 year follow up. Conclusion: There was a very low rate of recidivism after discharge, but readmissions to hospital were common. Lengths of custodial care were reduced after the introduction of forensic rehabilitation facilities. Recidivism is low when there are well-designed and implemented forensic community treatment programmes, consistent with other data suggesting a reciprocal relationship between safe community care and a low threshold for readmission to hospital, lessening re-offending at times of crisis. Further research should be directed at timing of release decisions, based on reducing identified risk factors to acceptable levels.

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Cowan, David, Heather Strang, Lawrence Sherman, and Sara Valdebenito Munoz. "Reducing Repeat Offending Through Less Prosecution in Victoria, Australia: Opportunities for Increased Diversion of Offenders." Cambridge Journal of Evidence-Based Policing 3, no. 3-4 (November 7, 2019): 109–17. http://dx.doi.org/10.1007/s41887-019-00040-0.

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Abstract Research Question How did the use of diversion from prosecution and criminal sentencing change in Victoria, Australia, in the 10 years to 2016/2017, with what estimated effects on repeat offending? Data We tracked 1,163,113 criminal cases brought against both juveniles and adults by police in the state of Victoria, Australia, including 181,836 diversions, during the 10-year time period from the fiscal year of 2007/2008 through 2016/2017. Methods Taking the percentage of all cases diverted in the first year (25.6%), we calculated for each of the study years how many more cases would have been diverted from prosecution across the subsequent 9 years if the diversion rate had stayed the same (“missed opportunities”). We multiplied the estimated number of these “missed opportunities” by the reduced frequency of repeat offences that the prosecuted offenders were likely to have committed, after adjusting for the time at risk by the number of years left in the study period. Then, based on a systematic review of diversion experiments (Petrosino et al. 2010), we applied the standardised effect size of diversion in those studies to Farrington’s (1992) annualised crime frequency per 100 offenders aged 25, multiplying that effect across all of the person-years after a case was prosecuted rather than diverted, using both population-based rates and rates based only on detected offenders at that age. Findings The diversion rate in Victoria dropped in half over 10 years, from 25.6% to 12.5%. The total missed opportunities for diversion, compared to the counterfactual of applying diversion at a constant rate of 25% over that time period, totalled 115,885 cases over the 10 years. Taking an average effect size (d = − 0.232) across seven experiments with a mean follow-up time of 12–13 months, as derived from a systematic review of diversion experiment outcomes, our illustrative estimate is that at least 8 crimes per year per 100 offenders could have been prevented among the missed opportunity cases. Using a population rate of offending, the estimate equals 1474 crimes that could have been prevented. Using the offending population rate, we estimate that 37,050 offences could have been prevented. Conclusions While the exact amount of crime prevented remains speculative, the application of best evidence to the missed opportunity cases suggests that more diversion could have resulted in substantially less repeat offending, and hence less total crime.

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Kraus, Matthias, Thomas Pollok, Matthias Miller, Timon Kilian, Tobias Moritz, Daniel Schweitzer, Jürgen Beyerer, Daniel Keim, Chengchao Qu, and Wolfgang Jentner. "Toward Mass Video Data Analysis: Interactive and Immersive 4D Scene Reconstruction." Sensors 20, no. 18 (September 22, 2020): 5426. http://dx.doi.org/10.3390/s20185426.

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The technical progress in the last decades makes photo and video recording devices omnipresent. This change has a significant impact, among others, on police work. It is no longer unusual that a myriad of digital data accumulates after a criminal act, which must be reviewed by criminal investigators to collect evidence or solve the crime. This paper presents the VICTORIA Interactive 4D Scene Reconstruction and Analysis Framework (“ISRA-4D” 1.0), an approach for the visual consolidation of heterogeneous video and image data in a 3D reconstruction of the corresponding environment. First, by reconstructing the environment in which the materials were created, a shared spatial context of all available materials is established. Second, all footage is spatially and temporally registered within this 3D reconstruction. Third, a visualization of the hereby created 4D reconstruction (3D scene + time) is provided, which can be analyzed interactively. Additional information on video and image content is also extracted and displayed and can be analyzed with supporting visualizations. The presented approach facilitates the process of filtering, annotating, analyzing, and getting an overview of large amounts of multimedia material. The framework is evaluated using four case studies which demonstrate its broad applicability. Furthermore, the framework allows the user to immerse themselves in the analysis by entering the scenario in virtual reality. This feature is qualitatively evaluated by means of interviews of criminal investigators and outlines potential benefits such as improved spatial understanding and the initiation of new fields of application.

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O’Brien, Wendy, and Kate Fitz-Gibbon. "The Minimum Age of Criminal Responsibility in Victoria (Australia): Examining Stakeholders’ Views and the Need for Principled Reform." Youth Justice 17, no. 2 (April 3, 2017): 134–52. http://dx.doi.org/10.1177/1473225417700325.

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Mulcahy, Sean Alexander, and Sean Mulcahy. "Acting Law | Law Acting: A Conversation with Dr Felix Nobis and Professor Gary Watt." Exchanges: The Interdisciplinary Research Journal 4, no. 2 (April 30, 2017): 189–200. http://dx.doi.org/10.31273/eirj.v4i2.158.

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Dr Felix Nobis is a senior lecturer with the Centre for Theatre and Performance at Monash University. He has worked as a professional actor for many years. He previously played an assistant to the Crown Prosecutor in the Australian television series, Janus, which was set in Melbourne, Victoria and based on the true story of a criminal family allegedly responsible for police shootings. He also played an advisor to a medical defence firm in the Australian television series MDA. He is a writer and professional storyteller. He has toured his one-person adaptation of Beowulf (2004) and one-person show Once Upon a Barstool (2006) internationally and has written on these experiences. His most recent work Boy Out of the Country (2016) is written in an Australian verse style and has just completed a tour of regional Victoria. Professor Gary Watt is an academic in the School of Law at the University of Warwick where his teaching includes advocacy and mooting. He also regularly leads rhetoric workshops at the Royal Shakespeare Company. He is the author of Dress, Law and Naked Truth (2013) and, most recently, Shakespeare’s Acts of Will: Law, Testament and Properties of Performance (2016), which explores rhetoric in law and theatre. He also co-wrote A Strange Eventful History, which he performed with Australian choral ensemble, The Song Company, to mark the 400th anniversary of Shakespeare’s death.

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Flynn, Catherine, Bronwyn Naylor, and Paula Fernandez Arias. "Responding to the needs of children of parents arrested in Victoria, Australia. The role of the adult criminal justice system." Australian & New Zealand Journal of Criminology 49, no. 3 (July 27, 2016): 351–69. http://dx.doi.org/10.1177/0004865815585390.

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Albers, Wendy M. M., Yolanda A. M. Nijssen, Diana P. K. Roeg, Inge M. B. Bongers, and Jaap van Weeghel. "Development of an Intervention Aimed at Increasing Awareness and Acknowledgement of Victimisation and Its Consequences Among People with Severe Mental Illness." Community Mental Health Journal 57, no. 7 (January 29, 2021): 1375–86. http://dx.doi.org/10.1007/s10597-021-00776-y.

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AbstractIndividuals with severe mental illness have a significant risk of (anticipated) discrimination and (criminal) victimisation, which is not structurally and systematically addressed by mental health practitioners. The aim of this study was to develop and pilot an intervention which supports professionals to address victimisation and its consequences, in order to reinforce safe social participation and improve recovery. Following the rehabilitation and positive risk management literature, in addition to current practice, intervention components were developed in two focus groups and four subsequent expert meetings. The intervention was piloted in two outpatient teams before being finalised. The Victoria intervention includes positive risk management, focusing on clients’ narratives and strengths, and awareness of unsafe (home) environments: it comprises four steps: exploring issues with social participation, analysing victimisation experiences, clarifying the context of these experiences, and determining future steps, including victimisation-sensitive rehabilitation planning and optional trauma treatment. Future research should further test this intervention.

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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.

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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.

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Tubridy, Kate. "Facebook and a Fair Trial: Caution, Challenge and Contradiction." Law, Technology and Humans 2, no. 1 (May 6, 2020): 135–51. http://dx.doi.org/10.5204/lthj.v2i1.1497.

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This article explores the often fraught intersections between social media, fair trial principles and community engagement with high-profile crimes. Specifically, a detailed analysis is undertaken of the Facebook response to the arrest of Adrian Ernest Bayley for the murder of Ms Gillian (Jill) Meagher in Victoria, Australia in 2012. As one of the first Australian crimes to receive a significant social media response, this research provides empirical insights into the dynamic and evolving relationship between social media, the community and criminal trials. By drawing on a critical discourse analysis of over 3,000 comments on the R.I.P Jill Meagher Facebook page, this article identifies and critiques a ‘Discourse of Challenge’ in which digital communication enabled the reinterpretation of legal principles. Further, this article provides empirical insights into the meaning-making processes of Facebook discourses and focuses on how fair trial principles are contested on Facebook in novel and, at times, contradictory, ways.

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Brown, Mark, and Stuart Ross. "Mentoring, Social Capital and Desistance: A Study of Women Released from Prison." Australian & New Zealand Journal of Criminology 43, no. 1 (April 2010): 31–50. http://dx.doi.org/10.1375/acri.43.1.31.

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Mentoring ex-prisoners is an increasingly popular tool in the burgeoning field of offender reintegration and resettlement. Yet surprisingly little is known about what makes mentoring effective and indeed even whether it can be effective within the domain of criminal justice. This article proceeds in two parts. First, drawing upon desistance theory it attempts to develop a theoretical underpinning for mentoring practice with ex-offenders that would identify appropriate targets for mentoring practice, including the development of social capital or connectedness. Part two of the article utilises data from research on a women's mentoring program in Victoria, Australia, to understand how one key dimension of desistance — social capital — is recognised by women as a domain of need and those women's perceptions of the way mentoring may deliver gains in social connectedness and capital. The article concludes with a discussion of the distinctly gendered nature of women's postprison experiences and the way in which these factors shape both the process of desistance and the nature of mentoring interventions.

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McEwan, Troy E., Daniel E. Shea, and James R. P. Ogloff. "The Development of the VP-SAFvR: An Actuarial Instrument for Police Triage of Australian Family Violence Reports." Criminal Justice and Behavior 46, no. 4 (October 12, 2018): 590–607. http://dx.doi.org/10.1177/0093854818806031.

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This study describes the rationale, development, and validation of the Victoria Police Screening Assessment for Family Violence Risk (VP-SAFvR). The actuarial instrument was developed on a sample of 24,446 Australian police reports from 2013-2014. Information from each report and criminal histories of those involved were collected with 12-month follow-up, and binary logistic regression used to develop an improper predictive model. The selected VP-SAFvR cut-off score correctly identified almost three quarters of cases with further reports, while half of those without were accurately excluded. It was effective for frontline police triage decision-making, with few screened-out cases reporting further family violence, while those screened-in required additional risk assessment. Predictive validity was adequate and consistent across family relationships and demographic groups, although it was less effective in predicting future family violence reports involving same-sex couples or child perpetrators. Further evaluation in a field trial is necessary to determine the validity of the VP-SAFvR in practice.

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Petersen, Kerry. "Abortion Laws: Comparative and Feminist Perspectives in Australia, England and the United States." Medical Law International 2, no. 2 (March 1996): 77–105. http://dx.doi.org/10.1177/096853329600200201.

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In this article I examine the paradoxical nature of abortion developments in three jurisdictions and find that reproductive freedom is a more elusive goal in the United States where abortion has been elevated to a qualified right, than in England or Victoria where nineteenth century criminal statutes have been modified but not repealed. Abortion is now a moral scapegoat in the United States and it is difficult to predict if it will ever be resolved. Changes to law in the other two jurisdictions were less extreme and were shaped by a gradual change in attitudes towards abortion. Nevertheless, the laws in all three jurisdictions deny women full reproductive freedom and are founded on the assumption that women are not responsible moral beings. The repeal of all laws concerning abortion would be a stepping stone to re-framing moral questions about abortion and developing a distinctive feminine morality which attends to the needs of women.

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Journal articles on the topic 'Criminal Victoria'

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