Relevant bibliographies by topics / Evidence, Criminal Victoria

Academic literature on the topic 'Evidence, Criminal Victoria'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Evidence, Criminal Victoria"

1

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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2

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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3

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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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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5

Baker, Dennis J. "Accusation as Proof: Uncorroborated Historic Sexual Abuse Allegations." Journal of Criminal Law 84, no. 2 (December 26, 2019): 105–23. http://dx.doi.org/10.1177/0022018319897174.

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This article examines the potential miscarriage of justice upheld in the Supreme Court of Victoria in Pell v The Queen. Firstly, the alibi evidence produced by the defence team was sufficient to make the probability of Cardinal Pell not having an opportunity to perpetrate the crimes a real issue. Once an alibi had been made an issue, the Crown had to prove beyond reasonable doubt that there was no probability above 15 per cent that Cardinal Pell had an alibi—not rely on the defence submission that there was a 100 per cent probability of no alibi because of impossibility. The evidence at a minimal demonstrated that the alibi was at least probable: even a conservative estimate would allow a fact-finder to safely conclude that there was 35 per cent probability that Cardinal Pell could not have been alone with the complainant. It might be difficult to argue that it was more probable than not that Cardinal Pell had an alibi, but the evidence shows that the probability of Cardinal Pell having a valid alibi was too high (even if short of a 50 per cent probability) for the reasonable doubt standard of proof to be satisfied. Secondly, there was at a least 35 per cent probability that second sexual attack alleged by the complainant could not have been perpetrated in the circumstances described by the complainant. Thirdly, Ferguson, CJ and Maxwell, P did not apply the beyond reasonable doubt standard to these probabilities. Instead, they erroneously held that since what the complainant had alleged could possibility have happened as described by the complainant, the Crown had proved beyond reasonable doubt that these things did happen. This was to misinterpret and misapply the law concerning the quantum of proof required in criminal cases. The fact that there was a real possibility that what the complainant alleged could have happened does not prove that there was an 85 per cent an above probability that it did happen, which is what the beyond reasonable doubt standard requires. It requires such strong evidence that any objective fact-finder reviewing the evidence would 85 times out of 100 conclude that they are sure that the person is guilty.
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6

Wong, Hiu Wai. "The Imagination of Criminals in Victorian London in Strange Case of Dr. Jekyll and Mr. Hyde." Interlitteraria 24, no. 1 (August 13, 2019): 81–94. http://dx.doi.org/10.12697/il.2019.24.1.7.

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In this article I write about the split of London described in Strange Case of Dr. Jekyll and Mr. Hyde. Dr. Jekyll, decent and belonging to the middle class, fail s to resist the transformation into Mr. Hyde, gross and belonging to the lower class. It represents the fear of the West Enders, who thought that the East Enders were uncivilized and threatening. In order to rationalize their fear, the West Enders imagined the East Enders as criminals, which corresponds to Edward Said’s discussion of Orientalism. In Orientalism, Said discusses how the West represents the Orient as the Other, and produces the category of the Orient grounded on a geographical framework of thinking. In much the same way, the story of Jekyll and Hyde demonstrates a narrative construction of the lower class living in the East End London as criminals. The influence of Cesare Lombroso’s theory of criminology present in the story serves as important evidence of the West Enders’ imagination. In Criminal Man (1876), Lombroso investigates the atavistic criminal, which illustrates the middle-class imagination of the body of the East Enders. Establishing the notion of atavism, Lombroso belittles the lower class by criticizing them as the demonstration of “regression to an earlier stage of evolution.” Examining the details of the geographical demarcation portrayed in the story, this paper hopes to elucidate the cultural imagination of criminals in Victorian London.
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7

Kokhan, Olga N. "The Genre of New-Gate Novel in the Artistic Conception of Sarah Waters." Proceedings of Southern Federal University. Philology 2020, no. 3 (September 30, 2020): 139–50. http://dx.doi.org/10.18522/1995-0640-2020-3-139-150.

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The article explores Sarah Waters ‘Neo-Victorian novels «Affinity»(1999) and «Fingersmith» (2002) as an original genre textures which include a sensational subgenre – the «Newgate» novel. The article considers the documentary evidences of the «Newgate Calendar» and its significance in the formation of a separate tradition of criminal sensational literature (plots, motives, narrative modes, etc.). The established Newgate literary canon is reproduced in Water’s novels with elements of genre self-reflection, generally characteristic for contemporary stylizations. Water’s innovation is in demonstrating her own position as a writer-historiographer, who carefully recreates the criminal world of Victorian England and configures the complex of emotional and social relations of the era in a new way.
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8

Casey, Christopher A. "Common Misperceptions: The Press and Victorian Views of Crime." Journal of Interdisciplinary History 41, no. 3 (December 2010): 367–91. http://dx.doi.org/10.1162/jinh_a_00106.

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After a string of successes in the early nineteenth century, the Victorian movement to reform criminal punishment began to falter. Despite evidence to the contrary, the populace grew convinced that violent crime was on the rise. A frequency analysis of The Times and The Manchester Guardian suggests that this misperception was due to a drastic increase in crime coverage by the periodicals of the day.
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9

Jolly, Peter. "A Study of Bigamists in Pre-Victorian London." Local Population Studies, no. 96 (June 30, 2016): 50–65. http://dx.doi.org/10.35488/lps96.2016.50.

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This article explores the potential reasons for and extent of bigamy in London in the early nineteenth century. The nature of the criminal offence is considered, examining the evidence required to secure a conviction, and the penalties imposed. Based largely on records of Old Bailey convictions, together with associated newspaper reports, the varied personal circumstances of those involved are noted. Some were victims of the system; others were exploited targets of their callous partner. Gender distinctions are considered and the sentences imposed analysed to ascertain how they reflected society's view of the particular misconduct.
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10

Alker, Zoe, and Robert Shoemaker. "Convicts and the Cultural Significance of Tattooing in Nineteenth-Century Britain." Journal of British Studies 61, no. 4 (October 2022): 835–62. http://dx.doi.org/10.1017/jbr.2022.117.

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AbstractThis article is based on a unique dataset of 75,448 written descriptions of tattoos on British criminal convicts who were either transported or imprisoned during the period from 1791 to 1925. Combining both quantitative evidence (provided as visualizations) and qualitative evidence, it shows that, rather than expressing criminal identities as criminologists and sociologists argued, convicts’ tattoos expressed a broad range of subjects, affinities, and interests from wider popular and even mainstream culture. The diverse occupations held by convicts, the contexts in which tattoos were created, and incidental references to tattooing in other parts of society all point to a growing phenomenon that was embedded in Victorian culture rather than constituting an expression of deviance or resistance. Indeed, in the late nineteenth century, tattooing became fashionable within elite society. These findings not only shed light on the significance of tattooing as a form of cultural expression but also undermine the myth that nineteenth-century criminality was the product of, as contemporary commentators termed it, a distinct “criminal class.”
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Books on the topic "Evidence, Criminal Victoria"

1

Canada. The Criminal code of Canada and the Canada Evidence Act: With their amendments, including the amending acts of 1900 and 1901 : and extra appendices containing the Imperial Criminal Evidence Act, the Foreign Enlistment Act, the Canadian Interpretation Act Amendment Act, the Victoria Day Act, the Demise of the Crown Acts, the Alien Labor Act, the Yukon Territory Acts, the Canadian Fugitive Offenders' Act and Extradition Acts, the Extradition Convention with the United States, and a list of extradition treaties, etc. 2nd ed. Montreal: C. Theoret, 1996.

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2

Testimony and advocacy in Victorian law, literature, and theology. Cambridge, UK: Cambridge University Press, 2000.

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3

Victorian detective fiction and the nature of evidence: The scientific investigations of Poe, Dickens, and Doyle. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2003.

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4

Schramm, Jan-Melissa, and Gillian Beer. Testimony and Advocacy in Victorian Law, Literature, and Theology. Cambridge University Press, 2004.

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Book chapters on the topic "Evidence, Criminal Victoria"

1

MacCulloch, Angus. "The Quiet Decline of the UK Cartel OffenceA Principled Victory in the Face of Practical Failure." In The UK Competition Regime, 337–58. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198868026.003.0013.

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In Chapter 13, Angus MacCulloch focuses on criminal enforcement. The UK Cartel Offence was introduced in the Enterprise Act 2002 to challenge hard-core cartels and enhance the deterrent effect of the UK competition regime. In its initial phase of operation there was some success. However, a number of significant cases failed to secure convictions. This damaged confidence in the ability of the UK competition authorities to bring successful prosecutions, and ultimately questioned the usefulness of the Cartel Offence. This chapter examines the problems that beset the original Cartel Offence and the lessons learned from the small number of prosecutions brought before the courts. It goes on to examine the reforms in 2013, that removed the controversial ‘dishonesty’ element from the offence, and replaced it with carve outs for openness and publication. Alongside the practical issues in relation to the development of the UK Cartel Offence consideration is also given to a parallel process which saw a form of consensus developing in the academic literature as to the nature of the wrong at the heart of individual cartel activity. It is suggested that this greater understanding can be used to direct efforts to rebuild confidence in the reformed UK Cartel Offence going forward. Increased importance should be given to the securing of good evidence of individual culpability in relation to cartel activity during the investigation phase. It argues that once good evidence is secured, better prosecution cases can be built on the basis of the new narrative of wrongfulness for hard core cartel activity.
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