Artykuły w czasopismach na temat „Evidence, Criminal – Preservation”

Abstract In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matters. It is worth examining how the specific solutions accepted and the way they have been formulated may affect the fundamental rights of participants in criminal proceedings, particularly when that impact may be adverse. From this perspective, a detailed analysis is made of what entities will be authorised to issue European Production Orders, in relation to what kinds of electronic evidence, and under what conditions.

One of the first actions that the investigation group after arriving in the crime scene or after receiving that call for a crime that has happening is ensuring that evidence and material prove found or can be found at that mentioned location. Documentation of the prove and evidence are important for the entire investigative process during all phases of criminal proceedings in general. Search, finding, photography, picking, packing, examination and presentation in court are the main steps regarding evidence, whether physical or real, whether they witnessed or en the form of statements. Given that evidence is calculated everything in crime scene, until argued the opposite, then for their management and required a cautious professional approach. This care for proper performance of the road that makes the testimony or evidence material ensures and guarantees the preservation of the chain of testimony. So this whole chain filed past the alignment of finding up to presentation trial.

AbstractAfter a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirement of adversarial principles. However, it also preserves several remnants of the past, particularly its preservation of the formal pretrial investigation, during which evidence is analyzed and compiled in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also made difficult by the enormity of the changes demanded by them. This article examines these and other issues in the new Code's implementation over its first five years of operation.

Article 56 of the Rome Statute allows for the preservation of evidence that may not be available at trial. In 2015, this provision was invoked to record the testimony of seven vulnerable victims of sexual and gender-based crimes in the Dominic Ongwen case. Occurring in the pre-trial phase of the case, before charges were pleaded or even confirmed, this overlooked development sets an important judicial precedent at the International Criminal Court (icc). It represents a milestone precedent for future cases, not just in terms of circumventing situations of witness interference, but more importantly, in safeguarding vulnerable victims and witnesses, and preserving their evidence for any eventual trial.

Fighting crime in cyberspace requires law enforcement authorities to immerse in a digital ocean of vast amount of information and also to acquire and objectify the evidence of criminal activity. Handling digital evidence is a complex and multifaceted process as they can provide critical evidentiary information in an unquestionable and irrefutable way. When digital evidence resides in a cloud storage environment the criminal investigation is faced with unprecedented contemporary legal challenges. In this paper, the authors identify three main legal challenges that arise from the current cloud-based technological landscape, i.e., territoriality (the loss of location), possession (the cloud content ownership) and confiscation procedure (user authentication/data preservation issues). On the onset of the identified challenges, the existing American, European and International legal frameworks are thoroughly evaluated. Finally, the authors discuss and endorse the Power of Disposal, a newly formed legal notion and a multidisciplinary solution with a global effect as a result of collaboration between technical, organizational and legal perspectives as an effective first step to mitigate the identified legal challenges.

The article deals with criminal procedural regulation of the powers of the parties to criminal proceedings, the investigating judge, the court to consolidate evidence in the evidentiary process. Criminal procedural scientific and methodological sources, textbooks are analyzed to clarify the essence of the construction of "consolidation of evidence". The position of scientists on the coverage of the "consolidation of evidence" activities related to the adaptation of traces of the crime and other facts to use in evidence hsd been supported. The competence of different subjects of evidence at the stages of pre-trial investigation and trial to consolidate evidence in criminal proceedings is differentiated. It is proved that the consolidation of evidence is carried out mainly at the stage of pre-trial investigation by the parties during the collection of evidence and by the investigating judge during the control court proceedings. In addition, in exceptional cases, the consolidation of evidence may be carried out by a judge (court) when collecting evidence during the trial. The attention has been paid to the relevance of qualitative regulation of the use of computer data in the collection (consolidation) of evidence. Electronic data placed on flash media should be referred to as "computer data". The factual data contained in this computer data, by their procedural nature, act as evi-dence, and the computer data itself - the procedural source of evidence. Namely - a document, because the document in accordance with Art. 84, 99 of the CPC of Ukraine is one of the types of procedural sources of evidence. The author has argued that the need to assign "computer data" to a separate type of evidence (they supplement Part 2 of Article 84 of the CPC of Ukraine) stems from the peculiarities of fixing computer data during their collection and due to the specifics of computer data, ease their modification and destruction, the difficulty of ensuring their authentication (creating appropriate conditions to allow further verification of their authenticity). The construction of "consolidation of evidence", in particular, should cover special criminal procedural rules and the procedure for converting computer data into a written form of existence, suitable for direct human perception and preservation for further use in evidence with the obligatory observance of the condition – creation of possibility of repeated authentication of such data.

The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.

The establishment of the International Criminal Tribunal's post-World War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preservation, and scrutiny of the evidence of the most serious International Crimes and violations of normative principles set out by International Criminal Law becomes crucial to know to ensure fair and transparent justice. Indeed, the investigation procedure required for such fairness and transparency demands unequivocal maintenance of humanitarian principles throughout the process and legality for the sake of legal authority behind. Consequently, the present paper counts the impact of the investigation mechanism on criminal for international crimes and the existence of the symptoms of humanitarian principles with its legality by analyzing several International Instruments, Judicial Decisions, and other fact findings on the record.

This article addresses a serious, but currently unacknowledged, problem of evidential consistency regarding police-suspect interview evidence. It sheds light on flaws in current criminal procedure through the lens of linguistics, focusing on key stages of currently accepted practice which fly in the face of what linguists have long known about language. It demonstrates that, in stark contrast to the strict principles of preservation applied to physical evidence, interview data go through significant transformation between their creation in the interview room and their presentation in the courtroom, especially through changes in format between written and spoken text. It argues that, despite the safeguards provided by PACE 1984, there is nonetheless a level of routine distortion and contamination unintentionally built into the current system of presenting police interviews as evidence in England and Wales.

Increasing numbers of female victims of violent sexual assaults are being murdered with the aim of concealing the identity of the perpetrator. Proper handling and analysis of evidence is very important in gaining a conviction in many criminal cases. After evidence is collected, due precautions must be taken to ensure that the integrity of the sample is maintained, and chances of contamination are minimised. This paper presents a case study where improper handling of biological evidence led to loss of evidentiary value, and the semen could not be located on the vaginal swabs and victim’s garments due to improper preservation of samples. However, the DNA from the nail of a decomposed finger helped identify the victim, and the suspect was apprehended based on the clues given by her family.

Digital forensic investigation is the scientific process of collection, preservation, examination, analysis, documentation and presentation of digital evidence from digital devices, so that the evidence is in compliance with legal terms and acceptable in a court of law. Integrity of the digital evidence is an indispensable part of the investigation process and should be preserved to maintain the chain of custody. This is done through hashing technique using standardized forensic tools. However, while handling the evidences , lack of knowledge might lead to unintentional alteration of computed hash. This violates the chain of custody and makes the evidence inadmissible in a court of law. In this paper, our objective is to determine the different conditions under which the original hash value of a digital evidence changes. For this, we create different scenarios using sample data files and compute their hash values. A comparative study and analysis are done to determine in which scenario the original hash value of the data file changes. The results of the research will prove useful and essential for Criminal Justice Functionaries in gaining knowledge about various conditions leading to the change in hash value of digital evidence and therefore, avoid its accidental alteration during forensic investigation/examination.

The recognition of fingerprints has played an extremely important role in criminal investigations, due to its uniqueness. This paper reports on the recognition of sweat latent fingerprints using green-emitting, environment-friendly carbon dots prepared with DL-malic acid and ethylenediamine, and the exploration of impacting factors in the development process of fingerprints. The experiments showed that better fingerprint images could be obtained when the latent fingerprints are developed in green-emitting carbon dots with pH 9 for 30 min, at room temperature. The reported method was also effective for latent fingerprints on a variety of substrates, as well as for those water-immersed ones, where the developed fingerprint remained stable after long-term preservation. Furthermore, the fluorescent three-dimensional fingerprint image could provide direct and simple evidence on pressing habits. The objective of this paper was to present this method. The method may help to narrow the range of suspects during criminal investigations and in forensic science.

Criminal investigations collect and analyze the facts related to a crime, from which the investigators can deduce evidence to be used in court. It is a multidisciplinary and applied science, which includes interviews, interrogations, evidence collection, preservation of the chain of custody, and other methods and techniques of investigation. These techniques produce both digital and paper documents that have to be carefully analyzed to identify correlations and interactions among suspects, places, license plates, and other entities that are mentioned in the investigation. The computerized processing of these documents is a helping hand to the criminal investigation, as it allows the automatic identification of entities and their relations, being some of which difficult to identify manually. There exists a wide set of dedicated tools, but they have a major limitation: they are unable to process criminal reports in the Portuguese language, as an annotated corpus for that purpose does not exist. This paper presents an annotated corpus, composed of a collection of anonymized crime-related documents, which were extracted from official and open sources. The dataset was produced as the result of an exploratory initiative to collect crime-related data from websites and conditioned-access police reports. The dataset was evaluated and a mean precision of 0.808, recall of 0.722, and F1-score of 0.733 were obtained with the classification of the annotated named-entities present in the crime-related documents. This corpus can be employed to benchmark Machine Learning (ML) and Natural Language Processing (NLP) methods and tools to detect and correlate entities in the documents. Some examples are sentence detection, named-entity recognition, and identification of terms related to the criminal domain.

Given that the situations of preliminary investigation and court proceedings have the same epistemological nature, it is possible to apply the classification grounds developed in the theory of investigative situations to systematise and streamline the trial. It is possible to distinguish judicial situations related to: preservation of evidence obtained during the preliminary investi-gation in court; filling gaps in the preliminary investigation materials; evaluation of evidence in court and, finally, making a decision on the merits of the case. These judicial situations need to be resolved and have a significant impact on the tactics of the judicial investigation. This is because each case raises questions such as whether to begin the examination of evidence with the interrogation of defendants, victims or witnesses and, if there are several defendants, in what order to interrogate them, in what order to inter-rogate witnesses, in what part of the judicial investigation it is better to conduct expert exami-nations, inspection of physical evidence, the scene of the incident and other investigative actions. Criminal procedural legislation does not regulate such issues, which allows us to refer them to the tactics of the judicial investigation. The judicial-investigative situation under consideration, related to the change of testimony in court, can be partially resolved by choosing the order and combination of different forms of judicial interrogation, summoning for questioning to court persons who, according to the defendant, used methods of illegal influence, using such idea of information interaction as the principle of maevtika, related to the enrichment of information. Its essence is that in addition to the information obtained in the course of the investigation and operational-search activities and fixed in the relevant documents, the court should be presented with related information. This may include, for example, a video recording of the information environment at the time of the interview or during the interrogation, especially when the potential perpetrator was confessing. Pursuant to article 240, paragraph 1, of the Code of Criminal Procedure, in addition to hearing the testimony of the defendant, the victim, witnesses and expert findings, examining material evidence, and disclosing protocols and other documents, the court carries out other judicial investigative activities to examine the evidence. This enables the court to identify in the course of the trial the reasons for a change in the evidence and to verify its consistency with reality. At the same time, it is often the investigator or operative who can provide an indication of the sources of information that can help verify statements about the coercion of interrogators to confess, when they are questioned during the judicial investigation.

Every person has the right to privacy and protection of personal data and these rights may be restricted only in order to protect the general interest or the preservation of important values in society. If there is a certain degree of suspicion that a person committed a criminal offense, the competent authorities are authorized to limit his/her privacy rights and to collect and process personal data for the purposes of criminal proceedings, by taking certain actions and measures in accordance with the law. On the basis of legal authorization certain subjects may take regular and special evidentiary actions and measures, but possible privacy infringement and data collection should be limited to the extent necessary to suppress a specific criminal offense in accordance with the principle of proportionality. It is necessary and useful to apply the methods and techniques of information technology in order to detect and prove criminal offenses. However, uncritical regulation and voluntary application of advanced methods and techniques of surveillance and monitoring of user?s activities (whose daily activities increasingly rely on information technology) would create a real risk of expanding and deepening the scope of spheres of life to be monitored to a much greater extent than legitimate monitoring within the concept of pro?activity and creation of a complete and panoptic surveillance of personal data. This could not be justified by the needs to oppose even the most severe forms of criminal offenses. Thus, actions and measures based on the use of these techniques and methods should be laid down and applied in accordance with the principles of specificity, necessity and proportionality, and with control of the judicial authorities, so the right to privacy would not be jeopardized. It is necessary to find a proper balance between the needs of criminal proceedings and respect for human rights, with regard to regulating powers of investigative bodies in collecting data of individuals. In online environment, the protection of the right to legal personality and the right to free development of personality through the right to privacy as well as the protection of personal data are necessary to be provided by legal regulations containing even stricter and more precise rules (comparing to offline environment) that determine the scope of powers of the authorities to collect evidence for the purposes of criminal proceedings, because certain actions or measures can greatly interfere with the private sphere of individuals in the direction of a complete privacy annulment.

<p align="justify">Illegal fishing is a serious problem that must be addressed because it is very harmful to the preservation of resources and economically detrimental for the country. This illegal activity has directly violated the provisions of Law No. 45 Year 2009 on the Amendment Law No. 31 of 2004 about Fisheries. The method used in this study is a legal normative juridical research conducted in an attempt to obtain the necessary data regards to the issues. The data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. In addition, it is also used as the primary data supporting secondary data of law materials. For data analysis was conducted using qualitative analysis. From the research results can be concluded that the act of shooting or sinking and exterminating evidence of foreign-flagged fishing vessels that sufficient evidence of a criminal act fisheries in WPP RI in practice can be done by means of hot pursuit, in the process of investigation and carry out the determination of the court.</p>

AbstractWrongful convictions are an increasing salient feature of criminal justice discourse in the United States. Many states have adopted reforms to mitigate the likelihood of wrongful convictions, discover errors, and provide redress in the wake of exonerations, yet we know little about why some are seemingly more committed to reducing such errors than others. We argue that public opinion is consequential for policy reform, but its effects are contingent on the electoral vulnerability of state lawmakers. We also suggest that advocacy organizations play a critical role in policy adoption. Incorporating data from all 50 states from 1989 to 2018, we investigate the adoption of five types of wrongful conviction reforms: (1) changes to eyewitness identification practices, (2) mandatory recording of interrogations, (3) the preservation of biological evidence, (4) access to postconviction DNA testing, and (5) exoneree compensation. Our results highlight a more nuanced view of how public opinion shapes policy.

Environmental trace evidence is often encountered during a forensic investigation and is acknowledged to have the potential to contribute valuable circumstantial information pertaining to the context of an individual criminal event. Although traditional study has focused upon the analysis of terrestrial soil and sediment traces, there is growing potential for the forensic assessment of aquatic crime scenes, particularly those within freshwater environments. This paper outlines the current applications of limnology, particularly algae and diatom analysis, within forensic science and introduces new and ongoing research within the field. Two empirical studies are presented which highlight the importance of developing evidence bases within freshwater trace evidence analysis. These studies demonstrate the analytical capability of the Scanning Electron Microscope (SEM) at various stages of an investigation: in the initial screening and collection of an evidential sample from clothing (1); and in the analysis of preserved diatoms following various levels of their exposure to fire damage (2). The results highlight that the SEM provides a valuable tool during the initial stages of an investigation, determining the presence and abundance of a range of environmental indicators and directing further strategy for the more in-depth collection and analysis of a forensic sample. Furthermore, the preservation of diatoms adhering to clothing following prolonged exposure to fire, indicates that efforts to collect any destroyed evidence are worthwhile given the potential to recover freshwater traces over extended time scales. Finally, the value of adopting an empirical approach for the development of a forensically relevant evidence base within forensic limnology, and the importance of having an appreciation of the legal implications for the interpretation and admissibility of freshwater evidence is presented.

In light of the ongoing story on the regulatory steps towards electronic evidence and transnational production orders, civil rights organizations have expressed both alarm and astonishment on the regulatory initiatives in the Council of Europe regarding transnational production orders. Member states of the European Union (EU) engage actively in soft law entrepreneurship by allowing themselves to obtain directly from service providers subscriber and other communications content. This has not only been done domestically through national laws but likewise on a multilateral level as EU member states are now seen drawn towards the Council of Europe. Within said Council of Europe, member states are now enabled to stretch the extraterritorial powers exercised by their law enforcement authorities in obtaining electronic evidence through a controversial Guidance Note and soon, a Second Additional Protocol. Interestingly, throughout these developments, the EU remained passive but as of late, has come up with proposals for the European Production and Preservation Orders, among others. The mixture of alarm and astonishment among civil liberties representatives about the decision making procedures at the level of the Council of Europe can be best understood in a broader regulatory context of policy enterpreneurship, rent-seeking behaviour and, overall, rational choice institutionalism. Comparing the Council of Europe with the EU, the structure of the former makes it the more attractive venue for policy actors such as law enforcement authorities to maximize their benefits at the least amount of costs. Being competitors in policymaking vis-à-vis cooperation in criminal matters, the EU can however lose its sociopolitical ascendancy over time as an institutional venue to discuss cooperation matters. In light of this, one should not forget that two Europes coexist. These coexisting realities are now being used to the advantage of laundering policies, testing which forum would maximize benefits the most. These developments should caution us that there might be a systemic failure in ensuring safeguards in criminal investigations are always in place.

Abstract This article explores a novel approach to technology-enabled review of evidentiary material implemented by the United Nations International, Independent and Impartial Mechanism – Syria ('IIIM – Syria’ or ‘the Mechanism’). The Mechanism’s objective in pursuing automation is to significantly accelerate the speed and improve the consistency of review and analysis of large, digitized documentary data sets used in the pursuit of accountability for crimes committed in Syria. This approach represents one of the first uses of Computer Vision applied to documentary evidence in the field of international criminal investigations and is a tangible example of public–private cooperation developing meaningful technology-based upon modern best practices. The article first discusses why technological innovation in investigative analysis is necessary in relation to the Syrian conflict. Next, the article reviews the approach adopted by IIIM – Syria towards applying existing and novel technology in the processing, preservation, and analysis of evidentiary material. Specifically, it explores how the organization executed a novel approach to technology-enabled review of evidentiary material through the application of Computer Vision techniques designed by forensic and eDiscovery experts. Finally, the article explores the wider investigative possibilities presented by the use of Computer Vision as a technique for analytical review.

The Internet and its users are in continual growth. With it grows the number of organized crimes on the Internet and the potential for individuals to carry out illegal activities. These criminals have gained more awareness of private browsing facilities, and many have found a haven in privacy designed browsers that cover up their tracks and shield their nefarious actions. The development of these privacy features has proven to be a challenge for digital forensic investigators. They strive to perform a thorough analysis of web browsers to collect artefacts relating to illegal activity to be presented as evidence to the court of law and used to convict criminals. “Brave” browser is one of the most recent and fastest-growing private browsers that, up to this point, has not been studied in-depth, and its privacy preservation functionality remains unclear. In this paper, we studied Brave’s private browsing mode, examined its privacy-preserving and forensic data acquisition, and outlined the location and type of evidence available through live and post-mortem state analysis. The unique approach taken included a set of experiments that unveiled how the browser functions and showed the appropriate tools that could be utilized to extract leftover artefacts. Analysis of our results showed that despite Brave leaving no traces of browsing activity on the Hard Disk, visited URLs, images, keyword searches, and even cached videos were retrievable from the RAM, which shows that Brave is not entirely private.

The author analyses the significance of the rich cultural heritage in Kosovo and Metohija as well as the consequences of its destruction and ruining. Along with this, she takes into consideration the international standards of protection of the cultural heritage in the world. Development of these standards is manifested in increasingly broad implementation of the existing and adoption of new international conventions whose goal is to protect as comprehensively as possible the cultural heritage of the mankind. The author gives a survey of the most important conventions adopted by the UNESCO and the Council of Europe, pointing to the significance of implementation of the Hague Convention and its 1999 Second Protocol introducing the international criminal responsibility for the persons who violate or order violations of the protected cultural property. The paper presents historical, esthetical archaeological, ethnological, scientific and some other values of the cultural heritage in Kosovo. By its characteristics, these values speak of the presence of various religions and civilisations here, while the value of the cultural property in Kosovo and Metohija is far from being merely local and regional. This fully applies to the significance of the cultural monuments of the Serbs. Since Kosovo is under a special international protectorate, UNMIK is also in charge of the preservation of the cultural heritage, what is in accordance with the Resolution 1244 of the Security Council. Also the Joint Document of UNMIK and FRY (November 2001), the chapter on protection of the cultural property confirms the willingness to implement the relevant provisions of the Hague Convention (1954) on protection of the monuments of culture and cultural property. Apart from this, the author points out that the Constitutional Framework for Provisional Self-Government in Kosovo (May 2001) provides for the obligation of the Provisional Institutions of Kosovo to create conditions in order to enable the communities to preserve, protect and develop their identities also pointing to the their duty to work on promotion and preservation of the cultural heritage of all communities with no discrimination. However, in spite of the presence of the international forces in Kosovo and Metohija that should guarantee the implementation of the above mentioned documents and the international standards set by the UNESCO and the Council of Europe destruction of the Serb monuments of culture had not been prevented, and it was particularly prominent in the wave of violence in March 2004. In those events were also destroyed several dozens of Orthodox churches and monasteries, what was noted in the joint statement made by the Council of Europe and European Commission as well as in the report submitted by the UNESCO. The paper also analyses the international programmes of cultural heritage protection in Kosovo, pointing to the basic conclusions and proposals submitted by the missions of the UNESCO, Council of Europe and European Commission that visited Kosovo and Metohija several times. They point out that the violation of international standards in Kosovo is reflected in the deliberate destruction as well as the lack of any protection measures of the monuments from further ruining that results from not taking care of them. Destruction of the religious and cultural heritage is one of the ways for manifesting hostilities as well as the methods for "erasing" the evidence on the historical presence of the people in Kosovo. Apart from this, the author points out that the bad conditions of the cultural heritage in Kosovo also result from the involvement of the international organisations, both governmental and non-governmental, that in this field has often been partial and with no defined programmes and priorities. The author takes a critical consideration of the insufficient involvement of the Serbian authorities in this field, what is, among other things, reflected in the lack of elaborated programme of activities non-coordination and lack of continuity in their work. The author points to the impact of the violence committed in March 2004, as well as on the further work and composition of the international missions, this above referring to the common mission of the Council of Europe and European Commission. These events have in a brutal way drawn attention to the real picture of the bad conditions of the Serb cultural heritage in Kosovo and Metohija, after which the restoration of the destroyed and protection of the remaining monuments of the Serb culture has gained a more important role in involvement of the international community in this field. This role implies above all, involvement of the representatives of the Serb community in the work of the organs and bodies established by the Council of Europe and European Commission with the aim of restoring the monuments of culture of religious character. The article also gives a survey of the measures that SM and Serbia, itself, have already taken or are going to take for the purpose of protecting cultural property in the Province. According to the author's conclusion, in order to apply comprehensive and efficient measures of restoration of the destroyed and damaged monuments of culture and protection of the remaining ones in Kosovo and Metohija it is necessary to, with no delay, ensure the co-ordination of activities of the international and domestic bodies and organisations in order to prevent the irretrievable loss of the rich cultural heritage.

Several types of biological samples are recovered in different conditions in various types of crimes. Sometimes, due to mishandling of the evidence they do not produce good results. Blood is a common type of biological sample found at crime scene involving hitand-run, murder and various sexual assaults, etc. In the cases such as hit and run, the blood gets mixed up with the soil and act as resistance in obtaining proper DNA profiling of a victim or a suspect. The advanced technologies for DNA profiling like STR analysis help in the identification of a criminal even if there is not much quantity of biological sample from the crime scene. But non-scientific procedure of blood collection and preservation reduces the chances of amplification of DNA. Additionally, in many outdoor cases blood sample contaminated with soil becomes problematic because of the presence of humic acid in soil. Humic acid inhibits the amplification of DNA and leads to unsuccessful profiling of DNA. The inhibitors in the samples act as obstacle in the cases where blood is lifted from the surface of earth and lead to the unsuccessful DNA analysis. PCR artifacts like partial profiles, multi-peaks, or complete failure of DNA profile can be seen in STR profiles obtained from contaminated samples. In this study, we reviewed the blood samples recovered from different surfaces (wall of plaster, cemented floor pieces, black road concrete) over a period of 5 to 36 months. This study concludes that the sample containing less soil particles yield DNA higher than the samples containing high amount of soil particles.

BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth, Western Australia, over claims that she concealed the birth of her stillborn child after giving birth in the remote north west town of Halls Creek during May of the same year. Both women denied the existence of their children, both appear to have given birth to their “illegitimate” babies alone, and both women claimed that they did not know that they had ever been pregnant at all. In addition, both women hid the body of their dead child for several days while the people they lived with or were close to, did not appear to notice that the mother of the child had had a baby. In neither case did any person associated with either woman seek to look for the missing child after it had been born.Despite occurring 182 years apart, the striking similarities between these cases could lead to the assumption that it is almost as if there were a written script of behaviour that would explain the actions of both young women. Close examination of the laws surrounding child murder, infanticide and concealment of birth reveals evidence of similar behaviours being enacted by women as far back as the 1600s (and earlier), and all are shaped in response to the legal frameworks that prosecuted women who gave birth outside of marriage.This article traces the history of child murder law from its formation in England in the 1600s and explores how early moral assumptions concerning unmarried mothers echoed through the lived experiences of women who killed their illegitimate babies in colonial Western Australia, and continue to resonate in the treatment of, and legal response to, women accused of similar crimes in the present day. The Unlicensed ChildThe unlicensed child is a term coined by Swain and Howe to more accurately define the social matrix faced by single women and their children in Australia. The term seeks to emphasise the repressive and controlling religious, legal and social pressures that acted on Australian women who had children outside marriage until the mid-1970s (xxi, 1, 92, 94). For the purposes of this article, I extend Swain and Howe’s term the unlicensed child to coin the term the unlicensed mother. Following on from Swain and Howe’s definition, if the children of unmarried mothers did not have a license to be born, it is essential to acknowledge that their mothers did not have a license to give birth. Women who had children without social and legal sanction gave birth within a society that did not allocate them “permission” to be mothers, something that the corporeality of pregnancy made it impossible for them not to be. Their own bodies—and the bodies of the babies growing inside them—betrayed them. Unlicensed mothers were punished socially, religiously, legally and financially, and their children were considered sinful and inferior to children who had married parents simply because they had been born (Scheper-Hughes 410). This unspoken lack of authorisation to experience the unavoidably innate physicality of pregnancy, birth and motherhood, in turn implies that, until recently unmarried mothers did not have license to be mothers. Two MothersAll that remains of the “case” of Mary Summerland is a file archived at the State Records Office of Western Australia under the title CONS 3472, Item 10: Rex V Mary Summerland. Yet revealed within those sparse documents is a story echoed by the events surrounding Caroline Quinn nearly two hundred years later. In September 1832, Mary Summerland was an unmarried domestic servant living and working in Fremantle when the body of a baby was found lying on a beach very close to the settlement. Western Australia had only been colonized by the British in 1829. The discovery of the body of an infant in such a tiny village (colonial Fremantle had a population of only 436 women and girls out of 1341 non-Aboriginal emigrants) (Gardiner) set in motion an inquest that resulted in Mary Summerland being investigated over the suspicious death of the child.The records suggest that Mary may have given birth, apparently alone, over a week prior to the corpse of the baby being discovered, yet no one in Fremantle, including her employer and her family, appeared to have noticed that Mary might have been pregnant, or that she had given birth to a child. When Mary Summerland was eventually accused of giving birth to the baby, she strongly denied that she had ever been pregnant, and denied being the mother of the child. It is not known how her infant ended up being disposed of in the ocean. It is also not known if Mary was eventually charged with concealment or child murder, but in either scenario, the case against her was dismissed as “no true bill” when she faced her trial. The details publically available on the case of Caroline Quinn are also sparse. Even the sex of her child has not been revealed in any of the media coverage of the event. Yet examination of the limited details available on her charge of “concealment of birth” reveal similarities between her behaviours and those of Mary Summerland.In May 2014 Caroline Quinn had been “travelling with friends in the Kimberly region of Western Australia” (Lee), and, just as Mary did, Caroline claims she “did not realise that she was pregnant” when she went into labour (Independent.ie). She appears, like Mary Summerland, to have given birth alone, and also like Mary, when her child died due to unexplained circumstances she hid the corpse for several days. Also echoing Mary’s story, no person in the sparsely populated Hall’s Creek community (the town has a populace of 1,211) or any friends in Caroline’s circle of acquaintances appears to have noticed her pregnancy, nor did they realise that she had given birth to a baby until the body of the child was discovered hidden in a hotel room several days after her or his birth. The media records are unclear as to whether Caroline revealed her condition to her friends or whether they “discovered” the body without her assistance. The case was not brought to the attention of authorities until Caroline’s friends took her to receive medical attention at the local hospital and staff there notified the police.Media coverage of the death of Caroline Quinn’s baby suggests her child was stillborn or died soon after birth. As of 13 August 2014 Caroline was granted leave by the Chief Magistrate to return home to Ireland while she awaited her trial, as “without trivialising the matter, nothing more serious was alleged than the concealing of the birth” (Collins, "Irish Woman"). Caroline Quinn was not required to return to Australia to appear at her trial and when the case was presented at the Perth Magistrates Court on Thursday 2 October, all charges against her were dropped as the prosecutor felt “it was not in the public interest” to proceed with legal action (Collins, "Case").Statutory MarginalisationTo understand the similarities between the behaviours of, and legal and medical response to, Mary Summerland and Caroline Quinn, it is important to situate the deaths of their children within the wider context of child murder, concealment of birth and “bastardy” law. Tracing the development of these methods of law-making clarifies the parallels between much of the child murder, infanticide and concealment of birth narrative that has occurred in Western Australia since non-Aboriginal settlement.Despite the isolated nature of Western Australia, the nearly 400 years since the law was formed in England, and the extremely remote rural locations where both these women lived and worked, their stories are remarkably alike. It is almost as if there were a written script and each member of the cast knew what role to play: both Mary and Caroline knew to hide their pregnancies, to deny the overwhelmingly traumatic experience of giving birth alone, and to conceal the corpses of their babies. The fathers of their children appear to have cut off any connection to the women or their child. The family, friends, or employers of the parents of the dead babies knew to pretend that they did not know that the mother was pregnant or who the father was. The police and medical officers knew to charge these women and to collect evidence that could be used to simultaneously meet the needs of the both prosecution and the defence when the cases were brought to trial.In reference to Mary Summerland’s case, in colonial Western Australia when a woman gave birth to an infant who died under suspicious circumstances, she could be prosecuted with two charges: “child murder” and/or “concealment of birth”. It is suggestive that Mary may have been charged with both. The laws regarding these two offences were focused almost exclusively on the deaths of unlicensed children and were so deeply interconnected they are difficult to untangle. For Probyn, shame pierces the centre of who we think we are, “what makes it remarkable is that it reveals with precision our values, hopes and aspirations, beyond the generalities of good manners and cultured norms” (x). Dipping into the streams of legal and medical discourse that flow back to the seventeenth century highlights the pervasiveness of discourses marginalising single women and their children. This situates Mary Summerland and Caroline Quinn within a ‘burden on society’ narrative of guilt, blame and shame that has been in circulation for over 500 years, and continues to resonate in the present (Coull).An Act to Prevent the Destroying and Murthering of Bastard ChildrenIn England prior to the 17th century, penalties for extramarital sex, the birth and/or maintenance of unlicensed children or for committing child murder were expressed through church courts (Damme 2-6; Rapaport 548; Butler 61; Hoffer and Hull 3-4). Discussion of how the punishment of child murder left the religious sphere and came to be regulated by secular laws that were focused exclusively on the unlicensed mother points to two main arguments: firstly, the patriarchal response to unlicensed (particularly female) sexuality; and secondly, a moral panic regarding a perceived rise in unlicensed pregnancies in women of the lower classes, and the resulting financial burden placed on local parishes to support unwanted, unlicensed children (Rapaport 532, 48-52; McMahon XVII, 126-29; Osborne 49; Meyer 3-8 of 14). In many respects, as Meyer suggests, “the legal system subtly encouraged neonaticide through its nearly universally negative treatment of bastard children” (240).The first of these “personal control laws” (Hoffer and Hull 13) was the Old Poor Law created by Henry VIII in 1533, and put in place to regulate all members of English society who needed to rely on the financial assistance of the parish to survive. Prior to 1533, “by custom the children of the rich depended on their relations, while the ‘fatherless poor’ relied on the charity of the monastic institutions and the municipalities” (Teichman 60-61). Its implementation marks the historical point where the state began to take responsibility for maintenance of the poor away from the church by holding communities responsible for “the problem of destitution” (Teichman 60-61; Meyer 243).The establishment of the poor law system of relief created a hierarchy of poverty in which some poor people, such as those suffering from sickness or those who were old, were seen as worthy of receiving support, while others, who were destitute as a result of “debauchery” or other self-inflicted means were seen as undeserving and sent to a house of correction or common gaol. Underprivileged, unlicensed mothers and their children were seen to be part of the category of recipients unfit for help (Jackson 31). Burdens on SocietyIt was in response to the narrative of poor unlicensed women and their children being undeserving fiscal burdens on law abiding, financially stretched community members that in 1576 a law targeted specifically at holding genetic parents responsible for the financial maintenance of unlicensed children entered the secular courts for the first time. Called the Elizabethan Poor Law it was enacted in response to the concerns of local parishes who felt that, due to the expenses exacted by the poor laws, they were being burdened with the care of a greatly increased number of unlicensed children (Jackson 30; Meyer 5-6; Teichman 61). While the 1576 legislation prosecuted both parents of unlicensed children, McMahon interprets the law as being created in response to a blend of moral and economic forces, undergirded by a deep, collective fear of illegitimacy (McMahon 128). By the 1570s “unwed mothers were routinely whipped and sent to prison” (Meyer 242) and “guardians of the poor” could force unlicensed mothers to wear a “badge” (Teichman 63). Yet surprisingly, while parishes felt that numbers of unlicensed children were increasing, no concomitant rise was actually recorded (McMahon 128).The most damning evidence of the failure of this law, was the surging incidence of infanticide following its implementation (Rapaport 548-49; Hoffer and Hull 11-13). After 1576 the number of women prosecuted for infanticide increased by 225 percent. Convictions resulting in unlicensed mothers being executed also rose (Meyer 246; Hoffer and Hull 8, 18).Infanticide IncreasesBy 1624 the level of infanticide in local communities was deemed to be so great An Act to Prevent the Destroying and Murthering of Bastard Children was created. The Act made child murder a “sex-specific crime”, focused exclusively on the unlicensed mother, who if found guilty of the offence was punished by death. Probyn suggests that “shame is intimately social” (77) and indeed, the wording of An Act to Prevent highlights the remarkably similar behaviours enacted by single women desperate to avoid the shame and criminal implication linked to the social position of unlicensed mother: Whereas many lewd Women that have been delivered of Bastard Children, to avoyd their shame and to escape punishment [my italics], doe secretlie bury, or conceale the Death of their Children, and after if the child be found dead the said Women doe alleadge that the said Children were borne dead;…For the preventing therefore of this great Mischiefe…if any Woman…be delivered of any issue of the Body, Male or Female, which being born alive, should by the Lawes of this Realm be a bastard, and that she endeavour privatlie either by drowning or secret burying thereof, or any other way, either by herselfe of the procuring of others, soe to conceale the Death thereof, as that it may not come to light, whether it be borne alive or not, but be concealed, in every such Case the Mother so offending shall suffer Death… (Davies 214; O'Donovan 259; Law Reform Commission of Western Australia 104; Osborne 49; Rose 1-2; Rapaport 548). An Act to Prevent also “contained an extraordinary provision which was a reversion of the ordinary common law presumption of dead birth” (Davies 214), removing the burden of proof from the prosecution and placing it on the defence (Francus 133; McMahon 128; Meyer 2 of 14). The implication being that if the dead body of a newborn, unlicensed baby was found hidden, it was automatically assumed that the child had been murdered by their mother (Law Reform Commission of Western Australia 104; Osborne 49; Rapaport 549-50; Francus 133). This made the Act unusual in that “the offence involved was the concealment of death rather than the death itself” (O'Donovan 259). The only way an unlicensed mother charged with child murder was able to avoid capital punishment was to produce at least one witness to give evidence that the child was “borne dead” (Law Reform Commission of Western Australia 104; Meyer 238; McMahon 126-27).Remarkable SimilaritiesClearly, the objective of An Act to Prevent was not simply to preserve infant life. It is suggestive that it was enacted in response to women wishing to avoid the legal, social, corporal and religious punishment highlighted by the implementation of the poor law legislation enacted throughout earlier centuries. It is also suggestive that these pressures were so powerful that threat of death if found guilty of killing their neonate baby was not enough to deter women from concealing their unlicensed pregnancies and committing child murder. Strikingly analogous to the behaviours of Mary Summerland in 19th century colonial Western Australia, and Caroline Quinn in 2014, the self-preservation implicit in the “strategies of secrecy” (Gowing 87) surrounding unlicensed birth and child murder often left the mother of a dead baby as the only witness to her baby’s death (McMahon xvii 49-50).An Act to Prevent set in motion the legislation that was eventually used to prosecute Mary Summerland in colonial Western Australia (Jackson 7, Davies, 213) and remnants of it still linger in the present where they have been incorporated into the ‘concealment of birth law’ that prosecuted Caroline Quinn (Legal Online TLA [10.1.182]).Changing the ‘Script’Shame runs like a viral code through the centuries to resonate within the legal response to women who committed infanticide in colonial Western Australia. It continues on through the behaviours of, and legal responses to, the story of Caroline Quinn and her child. As Probyn observes, “shame reminds us about the promises we keep to ourselves” in turn revealing our desire for belonging and elements of our deepest fears (p. x). While Caroline may live in a society that no longer outwardly condemns women who give birth outside of marriage, it is fascinating that the suite of behaviours manifested in response to her pregnancy and the birth of her child—by herself, her friends, and the wider community—can be linked to the narratives surrounding the formation of “child murder” and “concealment” law nearly 400 years earlier. Caroline’s narrative also encompasses similar behaviours enacted by Mary Summerland in 1832, in particular that Caroline knew to say that her child was “born dead” and that she had merely concealed her or his body—nothing more. This behaviour appears to have secured the release of both women as although both Mary and Caroline faced criminal investigation, neither was convicted of any crime. Yet, neither of these women or their small communities were alone in their responses. My research has uncovered 55 cases linked to child murder in Western Australia and the people involved in all of these incidences share unusually similar behaviours (Gardiner). Perhaps, it is only through the wider community becoming aware of the resonance of child murder law echoing through the centuries, that certain women who are pregnant with unwanted children will be able to write a different script for themselves, and their “unlicensed” children. ReferencesButler, Sara, M. "A Case of Indifference? Child Murder in Later Medieval England." Journal of Women's History 19.4 (2007): 59-82. Collins, Padraig. "Case against Irish Woman for Concealing Birth Dropped." The Irish Times 2 Oct. 2014. ---. "Irish Woman Held for Hiding Birth in Australia Allowed Return Home." The Irish Times 13 Aug. 2014. Coull, Kim. “The Womb Artist – A Novel: Translating Late Discovery Adoptee Pre-Verbal Trauma into Narrative”. Dissertation. Perth, WA: Edith Cowan University, 2014.Damme, Catherine. "Infanticide: The Worth of an Infant under Law." Medical History 22.1 (1978): 1-24. Davies, D.S. "Child-Killing in English Law." The Modern Law Review 1.3 (1937): 203-23. Dickinson, J.R., and J.A. Sharpe. "Infanticide in Early Modern England: The Court of Great Sessions at Chester, 1650-1800." Infanticide: Historical Perspectives on Child Murder and Concealment, 1550-2000. Ed. Mark Jackson. Hants: Ashgate, 2002. 35-51.Francus, Marilyn. "Monstrous Mothers, Monstrous Societies: Infanticide and the Rule of Law in Restoration and Eighteenth-Century England." Eighteenth-Century Life 21.2 (1997): 133-56. Gardiner, Amanda. "Sex, Death and Desperation: Infanticide, Neonaticide and Concealment of Birth in Colonial Western Australia." Dissertation. Perth, WA: Edith Cowan University, 2014.Gowing, Laura. "Secret Births and Infanticide in Seventeenth-Century England." Past & Present 156 (1997): 87-115. Hoffer, Peter C., and N.E.H. Hull. Murdering Mothers: Infanticide in England and New England 1558-1803. New York: New York University Press, 1984. Independent.ie. "Irish Woman Facing Up to Two Years in Jail for Concealing Death of Her Baby in Australia." 8 Aug. 2014. Law Reform Commission of Western Australia. "Chapter 3: Manslaughter and Other Homicide Offences." Review of the Law of Homicide: Final Report. Perth: Law Reform Commission of Western Australia, 2007. 85-117.Lee, Sally. "Irish Backpacker Charged over the Death of a Baby She Gave Birth to While Travelling in the Australia [sic] Outback." Daily Mail 8 Aug. 2014. Legal Online. "The Laws of Australia." Thomson Reuters 2010. McMahon, Vanessa. Murder in Shakespeare's England. London: Hambledon and London, 2004. Meyer, Jon'a. "Unintended Consequences for the Youngest Victims: The Role of Law in Encouraging Neonaticide from the Seventeenth to Nineteenth Centuries." Criminal Justice Studies 18.3 (2005): 237-54. O'Donovan, K. "The Medicalisation of Infanticide." Criminal Law Review (May 1984): 259-64. Osborne, Judith A. "The Crime of Infanticide: Throwing Out the Baby with the Bathwater." Canadian Journal of Family Law 6 (1987): 47-59. Rapaport, Elizabeth. "Mad Women and Desperate Girls: Infanticide and Child Murder in Law and Myth." Fordham Urban Law Journal 33.2 (2006): 527-69.Rose, Lionel. The Massacre of the Innocents: Infanticide in Britain, 1800-1939. London: Routledge & Kegan, 1986. Scheper-Hughes, Nancy. Death without Weeping: The Violence of Everyday Life in Brazil. Los Angeles: University of California Press, 1992. Swain, Shurlee, and Renate Howe. Single Mothers and Their Children: Disposal, Punishment and Survival in Australia. Cambridge: Cambridge University Press, 1995. Teichman, Jenny. Illegitimacy: An Examination of Bastardy. Oxford: Cornell University Press, 1982. Toone, William. The Magistrate's Manual: Or a Summary of the Duties and Powers of a Justice of the Peace. 2nd ed. London: Joseph Butterworth and Son, 1817.

The usual postmodern suspicions about diligently deciphering authorial intent or stridently seeking fixed meaning/s and/or binary distinctions in an artistic work aside, this self-indulgent essay pushes the boundaries regarding normative academic research, for it focusses on my own (minimally celebrated) published creative writing’s status as a literary innovation. Dedicated to illuminating some of the less common denominators at play in Australian horror, my paper recalls the creative writing process involved when I set upon the (arrogant?) goal of creating a new genre of creative writing: that of the ‘Aboriginal Fantastic’. I compare my work to the literary output of a small but significant group (2.5% of the population), of which I am a member: Aboriginal Australians. I narrow my focus even further by examining that creative writing known as Aboriginal horror. And I reduce the sample size of my study to an exceptionally small number by restricting my view to one type of Aboriginal horror literature only: the Aboriginal vampire novel, a genre to which I have contributed professionally with the 2011 paperback and 2012 e-book publication of That Blackfella Bloodsucka Dance! However, as this paper hopefully demonstrates, and despite what may be interpreted by some cynical commentators as the faux sincerity of my taxonomic fervour, Aboriginal horror is a genre noteworthy for its instability and worthy of further academic interrogation.Surprising to many, Aboriginal Australian mythology includes at least one truly vampire-like entity, despite Althans’ confident assertion that the Bunyip is “Australia’s only monster” (16) which followed McKee’s equally fearless claim that “there is no blackfella tradition of zombies or vampires” (201). Gelder’s Ghost Stories anthology also only mentions the Bunyip, in a tale narrated by Indigenous man Percy Mumbulla (250). Certainly, neither of these academics claim Indigeneity in their ethnicity and most Aboriginal Australian scholars will happily agree that our heterogeneous Indigenous cultures and traditions are devoid of opera-cape wearing Counts who sleep in coffins or are repelled by crucifix-wielding Catholics. Nevertheless, there are fascinating stories--handed down orally from one generation to the next (Australian Aborigines, of course, have no ancestral writing system)--informing wide-eyed youngsters of bloodsucking, supernatural entities that return from the grave to feed upon still living blackfellas: hence Unaipon describes the red-skinned, fig tree-dwelling monster, the “Yara Ma Yha Who […] which sucks the blood from the victim and leaves him helpless upon the ground” (218). Like most vampires, this monster imparts a similarly monstrous existence upon his prey, which it drains of blood through the suckers on its fingers, not its teeth. Additionally, Reed warns: “Little children, beware of the Yara-ma-yha-who! If you do not behave yourselves and do as you are told, they will come and eat you!” (410), but no-one suggests this horrible creature is actually an undead human.For the purposes of this paper at least, the defining characteristics of a vampire are firstly that it must have once been an ordinary, living human. Secondly, it must have an appetite for human blood. Thirdly, it must have a ghoulish inability to undergo a permanent death (note, zombies, unlike vampires it seems, are fonder of brains than fresh hemoglobin and are particularly easy to dispatch). Thus, according to my criteria, an arguably genuine Aboriginal Australian vampire is referred to when Bunson writes of the Mrart being an improperly buried member of the tribe who has returned after death to feed upon the living (13) and when Cheung notes “a number of vampire-like creatures were feared, most especially the mrart, the ghost of a dead person who attacked victims at night and dragged them away from campsites” (40). Unfortunately, details regarding this “number of vampire-like creatures” have not been collated, nor I fear, in this era of rapidly extinguishing Aboriginal Australian language use, are they ever likely to be.Perhaps the best hope for preservation of these little known treasures of our mythology lies not with anthropologists but with the nation’s Indigenous creative writers. Yet no blackfella novelist, apparently, has been interested in the monstrous, bloodsucking, Aboriginal Undead. Despite being described as dominating the “Black Australian novel” (Shoemaker 1), writer Mudrooroo--who has authored three vampire novels--reveals nothing of Aboriginal Australian vampirology in his texts. Significantly, however, Mudrooroo states that Aboriginal Australian novelists such as he “are devoting their words to the Indigenous existential being” (Indigenous 3). Existentiality, of course, has to do with questions of life, death and dying and, for we Aboriginal Australians, such questions inevitably lead to us addressing the terrible consequences of British invasion and genocide upon our cultural identity, and this is reflected in Mudrooroo’s effective use of the vampire trope in his three ‘Ghost Dreaming’ novels, as they are also known. Mudrooroo’s bloodsuckers, however, are the invading British and Europeans in his extended ‘white man as ghost’ metaphor: they are not sourced from Aboriginal Australian mythology.Mudrooroo does, notably, intertwine his story of colonising vampires in Australia with characters created by Bram Stoker in his classic novel Dracula (1897). He calls his first Aborigine to become a familiar “Renfield” (Undying 93), and even includes a soft-porn re-imagining of an encounter between characters he has inter-textually named “Lucy” and “Mina” (Promised 3). This potential for a contemporary transplantation of Stoker’s European characters to Australia was another aspect I sought to explore in my novel, especially regarding semi-autobiographical writing by mixed-race Aboriginal Australians such as Mudrooroo and myself. I wanted to meta-fictionally insert my self-styled anti-hero into a Stoker-inspired milieu. Thus my work features a protagonist who is confused and occasionally ambivalent about his Aboriginal identity. Brought up as Catholic, as I was, he succumbs to an Australian re-incarnation of Stoker’s Dracula as Anti-Christ and finds himself battling the true-believers of the Catholic Church, including a Moroccan version of Professor Van Helsing and a Buffy-like, quasi-Islamic vampire slayer.Despite his once revered status, Mudrooroo is now exiled from the Australian literary scene as a result of his claim to Indigeneity being (apparently) disproven (see Clark). Illness and old age prevent him from defending the charges, hence it is unlikely that Mudrooroo (or Colin Johnson as he was formerly known) will further develop the Aboriginal Australian vampire trope in his writing. Which situation leaves me to cautiously identify myself as the sole Aboriginal Australian novelist exploring Indigenous vampires in his/her creative writing, as evidenced by my 312 page novel That Blackfella Bloodsucka Dance!, which was a prescribed text in a 2014 Indiana University course on World Literature (Halloran).Set in a contemporary Australia where disparate existential explanations including the Aboriginal Dreamtime, Catholicism, vampirism and atheism all co-exist, the writing of my novel was motivated by the question: ‘How can such incongruent ideologies be reconciled or bridged?’ My personal worldview is influenced by all four of these explanations for the mysteries of life and death: I was brought up in Catholicism but schooled in scientific methodology, which evolved into an insipid atheism. Culturally I was drawn to the gothic novel and developed an intellectual interest in Stoker’sDracula and its significance as a pro-Catholic, covert mission of proselytization (see Starrs 2004), whilst simultaneously learning more of my totem, Garrawi (the Sulphur-crested White Cockatoo), and the Aboriginal Dreamtime legends of my ancestral forebears. Much of my novel concerns questions of identity for a relatively light-complexioned, mixed ancestry Aboriginal Australian such as myself, and the place such individuals occupy in the post-colonial world. Mudrooroo, perhaps, was right in surmising that we Aboriginal Australian authors are devoted to writing about “the Indigenous existential being” for my Aboriginal vampire novel is at least semi-autobiographical and fixated on the protagonist’s attempts to reconcile his atheism with his Dreamtime teachings and Catholicism. But Mudrooroo’s writing differs markedly from my own when it comes to the expectations he has regarding the audience’s acceptance of supernatural themes. He apparently fully believed in the possibility of such unearthly spirits existing, and wrote of the “Maban Reality” whereby supernatural events are entirely tenable in the Aboriginal Australian world-view, and the way these matters are presented suggests he expects the reader to be similarly convinced. With this Zeitgeist, Mudrooroo’s ‘Ghost Dreaming’ novels can be accurately described as Aboriginal Gothic. In this genre, Chanady explains, “the supernatural, as well as highly improbable events, are presented without any comment by the magical realist narrator” ("Magic Realism" 431).What, then, is the meaning of Aboriginal Gothic, given we Aboriginal peoples have no haunted castles or mist-shrouded graveyards? Again according to Chanady, as she set out in her groundbreaking monograph of 1985, in a work of Magical Realism the author unquestioningly accepts the supernatural as credible (10-12), even as, according to Althans, it combines “the magical and realist, into a new perspective of the world, thus offering alternative ways and new approaches to reality” (26). From this general categorisation, Althans proposes, comes the specific genre of Aboriginal Gothic, which is Magical Realism in an Indigenous context that creates a “cultural matrix foreign to a European audience [...] through blending the Gothic mode in its European tradition with the myths and customs of Aboriginal culture” (28-29). She relates the Aboriginal Gothic to Mudrooroo’s Maban Reality due to its acting “as counter-reality, grounded in the earth or country, to a rational worldview and the demands of a European realism” (28). Within this category sit not only the works of Aboriginal Australian novelists such as Mudrooroo, but also more recent novels by Aboriginal Australian writers Kim Scott and Alexis Wright, who occasionally indulge in improbable narratives informed by supernatural beings (while steering disappointingly clear of vampires).But there is more to the Aboriginal Gothic than a naïve acceptance of Maban Reality, or, for that matter, any other Magical Realist treatments of Aboriginal Australian mythology. Typically, the work of Aboriginal Gothic writers speaks to the historical horrors of colonisation. In contrast to the usually white-authored Australian Gothic, in which the land down under was seen as terrifying by the awestruck colonisers, and the Aborigine was portrayed as “more frightening than any European demon” (Turcotte, "Australian Gothic" 10), the Aboriginal Gothic sometimes reverses roles and makes the invading white man the monster. The Australian Gothic was for Aborigines, “a disabling, rather than enabling, discourse” (Turcotte, "Australian Gothic" 10) whilst colonial Gothic texts egregiously portrayed the colonised subject as a fearsome and savage Other. Ostensibly sub-human, from a psychoanalytic point of view, the Aborigine may even have symbolised the dark side of the British settler, but who, in the very act of his being subjugated, assures the white invader of his racial superiority, moral integrity and righteous identity. However, when Aboriginal Australian authors reiterate, when we subjugated savages wrestle the keyboard away, readers witness the Other writing back, critically. Receivers of our words see the distorted and silencing master discourse subverted and, indeed, inverted. Our audiences are subjectively repositioned to see the British Crown as the monster. The previously presumed civil coloniser is instead depicted as the author and perpetrator of a violently racist, criminal discourse, until, eventually, s/he is ultimately ‘Gothicised’: eroded and made into the Other, the villainous, predatory savage. In this style of vicious literary retaliation Mudrooroo excelled. Furthermore, as a mixed ancestry Aborigine, like myself, Mudrooroo represented in his very existence, the personification of Aboriginal Gothic, for as Idilko Riendes writes, “The half caste is reminiscent of the Gothic monstrous, as the half caste is something that seems unnatural at first, evoking fears” (107). Perhaps therein lies a source of the vehemency with which some commentators have pilloried Mudrooroo after the somewhat unconvincing evidence of his non-Indigeneity? But I digress from my goal of explicating the meaning of the term Aboriginal Gothic.The boundaries of any genre are slippery and one of the features of postmodern literature is its deliberate blurring of boundaries, hence defining genres is not easy. Perhaps the Gothic can be better understood when the meaning of its polar opposite, the Fantastic, is better understood. Ethnic authorial controversies aside and returning to the equally shady subject of authorial intent, in contrast to the Aboriginal Gothic of novelists Mudrooroo, Scott and Wright, and their accepting of the supernatural as plausible, the Fantastic in literature is characterised by an enlightened rationality in which the supernatural is introduced but ultimately rejected by the author, a literary approach that certainly sits better with my existential atheism. Chanady defined and illustrated the genre as follows: “the fantastic […] reaffirmed hegemonic Western rational paradigms by portraying the supernatural in a contradictory manner as both terrifying and logically impossible […] My examples of the fantastic were drawn from the work of major French writers such as Merimee and Maupassant” ("Magic Realism" 430). Unfortunately, Chanady was unable to illustrate her concept of the Fantastic with examples of Aboriginal horror writing. Why? Because none existed until my novel was published. Whereas Mudrooroo, Scott and Wright incorporated the Magical Realism of Aboriginal Australian mythology into their novels, and asked their readers to accept it as not only plausible but realistic and even factual, I wanted to create a style that blends Aboriginal mythology with the European tradition of vampires, but ultimately rejects this “cultural matrix” due to enlightened rationality, as I deliberately and cynically denounce it all as fanciful superstition.Certainly, the adjective “fantastic” is liberally applied to much of what we call Gothic horror literature, and the sub-genre of Indigenous vampire literature is not immune to this confusion, with non-Australian Indigenous author Aaron Carr’s 1995 Native American vampire novel, The Eye Killers, unhelpfully described in terms of the “fantastic nature of the genre” (Tillett 149). In this novel,Carr exposes contemporary Native American political concerns by skillfully weaving multiple interactive dialogues with horror literature and film, contemporary U.S. cultural preoccupations, postmodern philosophies, traditional vampire lore, contemporary Native literature, and Native oral traditions. (Tillett 150)It must be noted, however, that Carr does not denounce the supernatural vampire and its associated folklore, be it European or Laguna/Kerasan/Navajo, as illogical or fanciful. This despite his “dialogues with […] contemporary U.S. cultural preoccupations [and] postmodern philosophies”. Indeed, the character “Diana” at one stage pretends to pragmatically denounce the supernatural whilst her interior monologue strenuously defends her irrational beliefs: the novel reads: “‘Of course there aren’t any ghosts,’ Diana said sharply, thinking: Of course there were ghosts. In this room. Everywhere” (197). In taking this stock-standard approach of expecting the reader to believe wholeheartedly in the existence of the Undead, Carr locates his work firmly in the Aboriginal Gothic camp and renders commentators such as Tillett liable to be called ignorant and uninformed when they label his work fantastic.The Aboriginal Gothic would leave the reader convinced a belief in the supernatural is non-problematic, whereas the Aboriginal Fantastic novel, where it exists, would, while enjoying the temporary departure from the restraints of reality, eventually conclude there are no such things as ghosts or vampires. Thus, my Aboriginal Fantastic novel That Blackfella Bloodsucka Dance! was intended from the very beginning of the creative writing process to be an existentially diametric alternative to Magical Realism and the Aboriginal Gothic (at least in its climactic denouement). The narrative features a protagonist who, in his defeat, realises the danger in superstitious devotion and in doing so his interior monologue introduces to the literary world the new Aboriginal Fantastic genre. Despite a Foucauldian emphasis in most of my critical analysis in which an awareness of the constructed status and nature of the subject/focus of knowledge undermines the foundations of any reductive typology, I am unhesitant in my claim to having invented a new genre of literature here. Unless there is, undiscovered by my research, a yet-to-be heralded work of Aboriginal horror that recognises the impossibility of its subject, my novel is unique even while my attitude might be decried as hubristic. I am also cognizant of the potential for angry feedback from my Aboriginal Australian kin, for my innovative genre is ultimately denigrating of all supernatural devotion, be it vampiric or Dreamtime. Aboriginal Fantastic writing rejects such mythologies as dangerous, fanciful superstition, but I make the (probably) too-little-too-late defence that it rejects the Indigenous existential rationale somewhat less vigorously than it rejects the existential superstitions of Catholicism and/or vampirism.This potential criticism I will forbear, perhaps sullenly and hopefully silently, but I am likely to be goaded to defensiveness by those who argue that like any Indigenous literature, Aboriginal Australian writing is inherently Magical Realist, and that I forsake my culture when I appeal to the rational. Chanady sees “magic realism as a mode that expresses important points of view, often related to marginality and subalternity” ("Magic Realism" 442). She is not alone in seeing it as the generic cultural expression of Indigenous peoples everywhere, for Bhabha writes of it as being the literature of the postcolonial world (6) whilst Rushdie sees it as the expression of a third world consciousness (301). But am I truly betraying my ancestral culture when I dismiss the Mrart as mere superstition? Just because it has colour should we revere ‘black magic’ over other (white or colourless) superstitions? Should we not suspect, as we do when seated before stage show illusionists, some sleight of (writing) hand? Some hidden/sub-textual agenda meant to entertain not educate? Our world has many previously declared mysteries now easily explained by science, and the notion of Earth being created by a Rainbow Serpent is as farcical to me as the notion it was created a few thousand years ago in seven days by an omniscient human-like being called God. If, in expressing this dubiousness, I am betraying my ancestors, I can only offer detractors the feeble defence that I sincerely respect their beliefs whilst not personally sharing them. I attempt no delegitimising of Aboriginal Australian mythology. Indeed, I celebrate different cultural imaginaries for they make our quotidian existence more colourful and enjoyable. There is much pleasure to be had in such excursions from the pedantry of the rational.Another criticism I might hear out--intellectually--would be: “Most successful literature is Magical Realist, and supernatural stories are irresistible”, a truism most commercially successful authors recognise. But my work was never about sales, indeed, the improbability of my (irresistible?) fiction is didactically yoked to a somewhat sanctimonious moral. My protagonist realises the folly and danger in superstitious devotion, although his atheistic epiphany occurs only during his last seconds of life. Thus, whilst pushing this barrow of enlightened rationality, my novel makes a somewhat original contribution to contemporary Australian culture, presenting in a creative writing form rather than anthropological report, an understanding of the potential for melding Aboriginal mythology with Catholicism, the “competing Dreamtimes, white and black” as Turcotte writes ("Re-mastering" 132), if only at the level of ultimately accepting, atheistically, that all are fanciful examples of self-created beyond-death identity, as real--or unreal--as any other religious meme. Whatever vampire literature people read, most such consumers do not believe in the otherworldly antagonists, although there is profound enjoyment to be had in temporarily suspending disbelief and even perpetuating the meme into the mindsets of others. Perhaps, somewhere in the sub-conscious, pre-rational recesses of our caveman-like brains, we still wonder if such supernatural entities reflect a symbolic truth we can’t quite apprehend. Instead, we use a totemic figure like the sultry but terrifying Count Dracula as a proxy for other kinds of primordial anxieties we cannot easily articulate, whether that fear is the child rapist on the loose or impending financial ruin or just the overwhelming sense that our contemporary lifestyles contain the very seeds of our own destruction, and we are actively watering them with our insouciance.In other words, there is little that is new in horror. Yes, That Blackfella Bloodsucka Dance! is an example of what I call the new genre of Aboriginal Fantastic but that claim is not much of an original contribution to knowledge, other than being the invention of an extra label in an unnecessarily formalist/idealist lexicon of literary taxonomy. Certainly, it will not create a legion of fans. But these days it is difficult for a novelist to find anything really new to write about, genre-wise, and if there is a reader prepared to pay hard-earned money for a copy, then I sincerely hope they do not feel they have purchased yet another example of what the HBO television show Californication’s creative writing tutor Hank Moody (David Duchovny) derides as “lame vampire fiction” (episode 2, 2007). I like to think my Aboriginal Fantastic novel has legs as well as fangs. References Althans, Katrin. Darkness Subverted: Aboriginal Gothic in Black Australian Literature and Film. Bonn: Bonn UP, 2010. Bhabha, Homi. Nation and Narration. London and New York: Routledge, 1990. Bunson, Matthew. The Vampire Encyclopedia. New York: Gramercy Books, 1993. Carr, Aaron A. Eye Killers. Norman: U of Oklahoma P, 1995. Chanady, Amaryll. Magical Realism and the Fantastic: Resolved versus Unresolved Antinomy. New York: Garland Publishing, 1985. Chanady, Amaryll. “Magic Realism Revisited: The Deconstruction of Antinomies.” Canadian Review of Comparative Literature (June 2003): 428-444. Cheung, Theresa. The Element Encyclopaedia of Vampires. London: Harper Collins, 2009. Clark, Maureen. Mudrooroo: A Likely Story: Identity and Belonging in Postcolonial Australia. Frankfurt: Peter Lang, 2007. Gelder, Ken. The Oxford Book of Australian Ghost Stories. Oxford: Oxford UP, 1994. Halloran, Vivien. “L224: Introduction to World Literatures in English.” Department of English, Indiana University, 2014. 2 Aug. 2014 ‹http://www.indiana.edu/~engweb/undergradCourses_spring.shtml›. McKee, Alan. “White Stories, Black Magic: Australian Horror Films of the Aboriginal.”Aratjara: Aboriginal Culture and Literature in Australia. Eds. Dieter Riemenschneider and Geoffrey V. Davis. Amsterdam: Rodopi Press (1997): 193-210. Mudrooroo. The Indigenous Literature of Australia. Melbourne: Hyland House, 1997. Mudrooroo. The Undying. Sydney: Harper Collins, 1998. Mudrooroo. The Promised Land. Sydney: Harper Collins, 2000. Reed, Alexander W. Aboriginal Myths, Legends and Fables. Sydney: Reed New Holland, 1999. Riendes, Ildiko. “The Use of Gothic Elements as Manifestations of Regaining Aboriginal Identity in Kim Scott’s Benang: From the Heart.” Topos 1.1 (2012): 100-114. Rushdie, Salman. “Gabriel Garcia Marquez.” Imaginary Homelands: Essays and Criticism 1981-1991. London: Granta and Penguin Books, 1991. Shoemaker, Adam. Mudrooroo. Sydney: Harper Collins, 1993. Starrs, D. Bruno. “Keeping the Faith: Catholicism in Dracula and its Adaptations.” Journal of Dracula Studies 6 (2004): 13-18. Starrs, D. Bruno. That Blackfella Bloodsucka Dance! Saarbrücken, Germany: Just Fiction Edition (paperback), 2011; Starrs via Smashwords (e-book), 2012. Tillett, Rebecca. “‘Your Story Reminds Me of Something’: Spectacle and Speculation in Aaron Carr’s Eye Killers.” Ariel: A Review of International English Literature 33.1 (2002): 149-73. Turcotte, Gerry. “Australian Gothic.” Faculty of Arts — Papers, University of Wollongong, 1998. 2 Aug. 2014 ‹http://ro.uow.edu.au/artspapers/60/›. Turcotte, Gerry. “Re-mastering the Ghosts: Mudrooroo and Gothic Refigurations.” Mongrel Signatures: Reflections on the Work of Mudrooroo. Ed. Annalisa Oboe. Amsterdam: Rodopi Press (2003): 129-151. Unaipon, David. Legendary Tales of the Australian Aborigines. Eds. Stephen Muecke and Adam Shoemaker. Carlton: The Miegunyah Press, 2006.

Introduction Crime fiction is one of the world’s most popular genres. Indeed, it has been estimated that as many as one in every three new novels, published in English, is classified within the crime fiction category (Knight xi). These new entrants to the market are forced to jostle for space on bookstore and library shelves with reprints of classic crime novels; such works placed in, often fierce, competition against their contemporaries as well as many of their predecessors. Raymond Chandler, in his well-known essay The Simple Art of Murder, noted Ernest Hemingway’s observation that “the good writer competes only with the dead. The good detective story writer […] competes not only with all the unburied dead but with all the hosts of the living as well” (3). In fact, there are so many examples of crime fiction works that, as early as the 1920s, one of the original ‘Queens of Crime’, Dorothy L. Sayers, complained: It is impossible to keep track of all the detective-stories produced to-day [sic]. Book upon book, magazine upon magazine pour out from the Press, crammed with murders, thefts, arsons, frauds, conspiracies, problems, puzzles, mysteries, thrills, maniacs, crooks, poisoners, forgers, garrotters, police, spies, secret-service men, detectives, until it seems that half the world must be engaged in setting riddles for the other half to solve (95). Twenty years after Sayers wrote on the matter of the vast quantities of crime fiction available, W.H. Auden wrote one of the more famous essays on the genre: The Guilty Vicarage: Notes on the Detective Story, by an Addict. Auden is, perhaps, better known as a poet but his connection to the crime fiction genre is undisputed. As well as his poetic works that reference crime fiction and commentaries on crime fiction, one of Auden’s fellow poets, Cecil Day-Lewis, wrote a series of crime fiction novels under the pseudonym Nicholas Blake: the central protagonist of these novels, Nigel Strangeways, was modelled upon Auden (Scaggs 27). Interestingly, some writers whose names are now synonymous with the genre, such as Edgar Allan Poe and Raymond Chandler, established the link between poetry and crime fiction many years before the publication of The Guilty Vicarage. Edmund Wilson suggested that “reading detective stories is simply a kind of vice that, for silliness and minor harmfulness, ranks somewhere between crossword puzzles and smoking” (395). In the first line of The Guilty Vicarage, Auden supports Wilson’s claim and confesses that: “For me, as for many others, the reading of detective stories is an addiction like tobacco or alcohol” (406). This indicates that the genre is at best a trivial pursuit, at worst a pursuit that is bad for your health and is, increasingly, socially unacceptable, while Auden’s ideas around taste—high and low—are made clear when he declares that “detective stories have nothing to do with works of art” (406). The debates that surround genre and taste are many and varied. The mid-1920s was a point in time which had witnessed crime fiction writers produce some of the finest examples of fiction to ever be published and when readers and publishers were watching, with anticipation, as a new generation of crime fiction writers were readying themselves to enter what would become known as the genre’s Golden Age. At this time, R. Austin Freeman wrote that: By the critic and the professedly literary person the detective story is apt to be dismissed contemptuously as outside the pale of literature, to be conceived of as a type of work produced by half-educated and wholly incompetent writers for consumption by office boys, factory girls, and other persons devoid of culture and literary taste (7). This article responds to Auden’s essay and explores how crime fiction appeals to many different tastes: tastes that are acquired, change over time, are embraced, or kept as guilty secrets. In addition, this article will challenge Auden’s very narrow definition of crime fiction and suggest how Auden’s religious imagery, deployed to explain why many people choose to read crime fiction, can be incorporated into a broader popular discourse on punishment. This latter argument demonstrates that a taste for crime fiction and a taste for justice are inextricably intertwined. Crime Fiction: A Type For Every Taste Cathy Cole has observed that “crime novels are housed in their own section in many bookshops, separated from literary novels much as you’d keep a child with measles away from the rest of the class” (116). Times have changed. So too, have our tastes. Crime fiction, once sequestered in corners, now demands vast tracts of prime real estate in bookstores allowing readers to “make their way to the appropriate shelves, and begin to browse […] sorting through a wide variety of very different types of novels” (Malmgren 115). This is a result of the sheer size of the genre, noted above, as well as the genre’s expanding scope. Indeed, those who worked to re-invent crime fiction in the 1800s could not have envisaged the “taxonomic exuberance” (Derrida 206) of the writers who have defined crime fiction sub-genres, as well as how readers would respond by not only wanting to read crime fiction but also wanting to read many different types of crime fiction tailored to their particular tastes. To understand the demand for this diversity, it is important to reflect upon some of the appeal factors of crime fiction for readers. Many rules have been promulgated for the writers of crime fiction to follow. Ronald Knox produced a set of 10 rules in 1928. These included Rule 3 “Not more than one secret room or passage is allowable”, and Rule 10 “Twin brothers, and doubles generally, must not appear unless we have been duly prepared for them” (194–6). In the same year, S.S. Van Dine produced another list of 20 rules, which included Rule 3 “There must be no love interest: The business in hand is to bring a criminal to the bar of justice, not to bring a lovelorn couple to the hymeneal altar”, and Rule 7 “There simply must be a corpse in a detective novel, and the deader the corpse the better” (189–93). Some of these directives have been deliberately ignored or have become out-of-date over time while others continue to be followed in contemporary crime writing practice. In sharp contrast, there are no rules for reading this genre. Individuals are, generally, free to choose what, where, when, why, and how they read crime fiction. There are, however, different appeal factors for readers. The most common of these appeal factors, often described as doorways, are story, setting, character, and language. As the following passage explains: The story doorway beckons those who enjoy reading to find out what happens next. The setting doorway opens widest for readers who enjoy being immersed in an evocation of place or time. The doorway of character is for readers who enjoy looking at the world through others’ eyes. Readers who most appreciate skilful writing enter through the doorway of language (Wyatt online). These doorways draw readers to the crime fiction genre. There are stories that allow us to easily predict what will come next or make us hold our breath until the very last page, the books that we will cheerfully lend to a family member or a friend and those that we keep close to hand to re-read again and again. There are settings as diverse as country manors, exotic locations, and familiar city streets, places we have been and others that we might want to explore. There are characters such as the accidental sleuth, the hardboiled detective, and the refined police officer, amongst many others, the men and women—complete with idiosyncrasies and flaws—who we have grown to admire and trust. There is also the language that all writers, regardless of genre, depend upon to tell their tales. In crime fiction, even the most basic task of describing where the murder victim was found can range from words that convey the genteel—“The room of the tragedy” (Christie 62)—to the absurd: “There it was, jammed between a pallet load of best export boneless beef and half a tonne of spring lamb” (Maloney 1). These appeal factors indicate why readers might choose crime fiction over another genre, or choose one type of crime fiction over another. Yet such factors fail to explain what crime fiction is or adequately answer why the genre is devoured in such vast quantities. Firstly, crime fiction stories are those in which there is the committing of a crime, or at least the suspicion of a crime (Cole), and the story that unfolds revolves around the efforts of an amateur or professional detective to solve that crime (Scaggs). Secondly, crime fiction offers the reassurance of resolution, a guarantee that from “previous experience and from certain cultural conventions associated with this genre that ultimately the mystery will be fully explained” (Zunshine 122). For Auden, the definition of the crime novel was quite specific, and he argued that referring to the genre by “the vulgar definition, ‘a Whodunit’ is correct” (407). Auden went on to offer a basic formula stating that: “a murder occurs; many are suspected; all but one suspect, who is the murderer, are eliminated; the murderer is arrested or dies” (407). The idea of a formula is certainly a useful one, particularly when production demands—in terms of both quality and quantity—are so high, because the formula facilitates creators in the “rapid and efficient production of new works” (Cawelti 9). For contemporary crime fiction readers, the doorways to reading, discussed briefly above, have been cast wide open. Stories relying upon the basic crime fiction formula as a foundation can be gothic tales, clue puzzles, forensic procedurals, spy thrillers, hardboiled narratives, or violent crime narratives, amongst many others. The settings can be quiet villages or busy metropolises, landscapes that readers actually inhabit or that provide a form of affordable tourism. These stories can be set in the past, the here and now, or the future. Characters can range from Edgar Allan Poe’s C. Auguste Dupin to Dashiell Hammett’s Sam Spade, from Agatha Christie’s Miss Jane Marple to Kerry Greenwood’s Honourable Phryne Fisher. Similarly, language can come in numerous styles from the direct (even rough) words of Carter Brown to the literary prose of Peter Temple. Anything is possible, meaning everything is available to readers. For Auden—although he required a crime to be committed and expected that crime to be resolved—these doorways were only slightly ajar. For him, the story had to be a Whodunit; the setting had to be rural England, though a college setting was also considered suitable; the characters had to be “eccentric (aesthetically interesting individuals) and good (instinctively ethical)” and there needed to be a “completely satisfactory detective” (Sherlock Holmes, Inspector French, and Father Brown were identified as “satisfactory”); and the language descriptive and detailed (406, 409, 408). To illustrate this point, Auden’s concept of crime fiction has been plotted on a taxonomy, below, that traces the genre’s main developments over a period of three centuries. As can be seen, much of what is, today, taken for granted as being classified as crime fiction is completely excluded from Auden’s ideal. Figure 1: Taxonomy of Crime Fiction (Adapted from Franks, Murder 136) Crime Fiction: A Personal Journey I discovered crime fiction the summer before I started high school when I saw the film version of The Big Sleep starring Humphrey Bogart and Lauren Bacall. A few days after I had seen the film I started reading the Raymond Chandler novel of the same title, featuring his famous detective Philip Marlowe, and was transfixed by the second paragraph: The main hallway of the Sternwood place was two stories high. Over the entrance doors, which would have let in a troop of Indian elephants, there was a broad stained-glass panel showing a knight in dark armour rescuing a lady who was tied to a tree and didn’t have any clothes on but some very long and convenient hair. The knight had pushed the visor of his helmet back to be sociable, and he was fiddling with the knots on the ropes that tied the lady to the tree and not getting anywhere. I stood there and thought that if I lived in the house, I would sooner or later have to climb up there and help him. He didn’t seem to be really trying (9). John Scaggs has written that this passage indicates Marlowe is an idealised figure, a knight of romance rewritten onto the mean streets of mid-20th century Los Angeles (62); a relocation Susan Roland calls a “secular form of the divinely sanctioned knight errant on a quest for metaphysical justice” (139): my kind of guy. Like many young people I looked for adventure and escape in books, a search that was realised with Raymond Chandler and his contemporaries. On the escapism scale, these men with their stories of tough-talking detectives taking on murderers and other criminals, law enforcement officers, and the occasional femme fatale, were certainly a sharp upgrade from C.S. Lewis and the Chronicles of Narnia. After reading the works written by the pioneers of the hardboiled and roman noir traditions, I looked to other American authors such as Edgar Allan Poe who, in the mid-1800s, became the father of the modern detective story, and Thorne Smith who, in the 1920s and 1930s, produced magical realist tales with characters who often chose to dabble on the wrong side of the law. This led me to the works of British crime writers including Arthur Conan Doyle, Agatha Christie, and Dorothy L. Sayers. My personal library then became dominated by Australian writers of crime fiction, from the stories of bushrangers and convicts of the Colonial era to contemporary tales of police and private investigators. There have been various attempts to “improve” or “refine” my tastes: to convince me that serious literature is real reading and frivolous fiction is merely a distraction. Certainly, the reading of those novels, often described as classics, provide perfect combinations of beauty and brilliance. Their narratives, however, do not often result in satisfactory endings. This routinely frustrates me because, while I understand the philosophical frameworks that many writers operate within, I believe the characters of such works are too often treated unfairly in the final pages. For example, at the end of Ernest Hemingway’s A Farewell to Arms, Frederick Henry “left the hospital and walked back to the hotel in the rain” after his son is stillborn and “Mrs Henry” becomes “very ill” and dies (292–93). Another example can be found on the last page of George Orwell’s Nineteen Eighty-Four when Winston Smith “gazed up at the enormous face” and he realised that he “loved Big Brother” (311). Endings such as these provide a space for reflection about the world around us but rarely spark an immediate response of how great that world is to live in (Franks Motive). The subject matter of crime fiction does not easily facilitate fairy-tale finishes, yet, people continue to read the genre because, generally, the concluding chapter will show that justice, of some form, will be done. Punishment will be meted out to the ‘bad characters’ that have broken society’s moral or legal laws; the ‘good characters’ may experience hardships and may suffer but they will, generally, prevail. Crime Fiction: A Taste For Justice Superimposed upon Auden’s parameters around crime fiction, are his ideas of the law in the real world and how such laws are interwoven with the Christian-based system of ethics. This can be seen in Auden’s listing of three classes of crime: “(a) offenses against God and one’s neighbor or neighbors; (b) offenses against God and society; (c) offenses against God” (407). Murder, in Auden’s opinion, is a class (b) offense: for the crime fiction novel, the society reflected within the story should be one in “a state of grace, i.e., a society where there is no need of the law, no contradiction between the aesthetic individual and the ethical universal, and where murder, therefore, is the unheard-of act which precipitates a crisis” (408). Additionally, in the crime novel “as in its mirror image, the Quest for the Grail, maps (the ritual of space) and timetables (the ritual of time) are desirable. Nature should reflect its human inhabitants, i.e., it should be the Great Good Place; for the more Eden-like it is, the greater the contradiction of murder” (408). Thus, as Charles J. Rzepka notes, “according to W.H. Auden, the ‘classical’ English detective story typically re-enacts rites of scapegoating and expulsion that affirm the innocence of a community of good people supposedly ignorant of evil” (12). This premise—of good versus evil—supports Auden’s claim that the punishment of wrongdoers, particularly those who claim the “right to be omnipotent” and commit murder (409), should be swift and final: As to the murderer’s end, of the three alternatives—execution, suicide, and madness—the first is preferable; for if he commits suicide he refuses to repent, and if he goes mad he cannot repent, but if he does not repent society cannot forgive. Execution, on the other hand, is the act of atonement by which the murderer is forgiven by society (409). The unilateral endorsement of state-sanctioned murder is problematic, however, because—of the main justifications for punishment: retribution; deterrence; incapacitation; and rehabilitation (Carter Snead 1245)—punishment, in this context, focuses exclusively upon retribution and deterrence, incapacitation is achieved by default, but the idea of rehabilitation is completely ignored. This, in turn, ignores how the reading of crime fiction can be incorporated into a broader popular discourse on punishment and how a taste for crime fiction and a taste for justice are inextricably intertwined. One of the ways to explore the connection between crime fiction and justice is through the lens of Emile Durkheim’s thesis on the conscience collective which proposes punishment is a process allowing for the demonstration of group norms and the strengthening of moral boundaries. David Garland, in summarising this thesis, states: So although the modern state has a near monopoly of penal violence and controls the administration of penalties, a much wider population feels itself to be involved in the process of punishment, and supplies the context of social support and valorization within which state punishment takes place (32). It is claimed here that this “much wider population” connecting with the task of punishment can be taken further. Crime fiction, above all other forms of literary production, which, for those who do not directly contribute to the maintenance of their respective legal systems, facilitates a feeling of active participation in the penalising of a variety of perpetrators: from the issuing of fines to incarceration (Franks Punishment). Crime fiction readers are therefore, temporarily at least, direct contributors to a more stable society: one that is clearly based upon right and wrong and reliant upon the conscience collective to maintain and reaffirm order. In this context, the reader is no longer alone, with only their crime fiction novel for company, but has become an active member of “a moral framework which binds individuals to each other and to its conventions and institutions” (Garland 51). This allows crime fiction, once viewed as a “vice” (Wilson 395) or an “addiction” (Auden 406), to be seen as playing a crucial role in the preservation of social mores. It has been argued “only the most literal of literary minds would dispute the claim that fictional characters help shape the way we think of ourselves, and hence help us articulate more clearly what it means to be human” (Galgut 190). Crime fiction focuses on what it means to be human, and how complex humans are, because stories of murders, and the men and women who perpetrate and solve them, comment on what drives some people to take a life and others to avenge that life which is lost and, by extension, engages with a broad community of readers around ideas of justice and punishment. It is, furthermore, argued here that the idea of the story is one of the more important doorways for crime fiction and, more specifically, the conclusions that these stories, traditionally, offer. For Auden, the ending should be one of restoration of the spirit, as he suspected that “the typical reader of detective stories is, like myself, a person who suffers from a sense of sin” (411). In this way, the “phantasy, then, which the detective story addict indulges is the phantasy of being restored to the Garden of Eden, to a state of innocence, where he may know love as love and not as the law” (412), indicating that it was not necessarily an accident that “the detective story has flourished most in predominantly Protestant countries” (408). Today, modern crime fiction is a “broad church, where talented authors raise questions and cast light on a variety of societal and other issues through the prism of an exciting, page-turning story” (Sisterson). Moreover, our tastes in crime fiction have been tempered by a growing fear of real crime, particularly murder, “a crime of unique horror” (Hitchens 200). This has seen some readers develop a taste for crime fiction that is not produced within a framework of ecclesiastical faith but is rather grounded in reliance upon those who enact punishment in both the fictional and real worlds. As P.D. James has written: [N]ot by luck or divine intervention, but by human ingenuity, human intelligence and human courage. It confirms our hope that, despite some evidence to the contrary, we live in a beneficent and moral universe in which problems can be solved by rational means and peace and order restored from communal or personal disruption and chaos (174). Dorothy L. Sayers, despite her work to legitimise crime fiction, wrote that there: “certainly does seem a possibility that the detective story will some time come to an end, simply because the public will have learnt all the tricks” (108). Of course, many readers have “learnt all the tricks”, or most of them. This does not, however, detract from the genre’s overall appeal. We have not grown bored with, or become tired of, the formula that revolves around good and evil, and justice and punishment. Quite the opposite. Our knowledge of, as well as our faith in, the genre’s “tricks” gives a level of confidence to readers who are looking for endings that punish murderers and other wrongdoers, allowing for more satisfactory conclusions than the, rather depressing, ends given to Mr. Henry and Mr. Smith by Ernest Hemingway and George Orwell noted above. Conclusion For some, the popularity of crime fiction is a curious case indeed. When Penguin and Collins published the Marsh Million—100,000 copies each of 10 Ngaio Marsh titles in 1949—the author’s relief at the success of the project was palpable when she commented that “it was pleasant to find detective fiction being discussed as a tolerable form of reading by people whose opinion one valued” (172). More recently, upon the announcement that a Miles Franklin Award would be given to Peter Temple for his crime novel Truth, John Sutherland, a former chairman of the judges for one of the world’s most famous literary awards, suggested that submitting a crime novel for the Booker Prize would be: “like putting a donkey into the Grand National”. Much like art, fashion, food, and home furnishings or any one of the innumerable fields of activity and endeavour that are subject to opinion, there will always be those within the world of fiction who claim positions as arbiters of taste. Yet reading is intensely personal. I like a strong, well-plotted story, appreciate a carefully researched setting, and can admire elegant language, but if a character is too difficult to embrace—if I find I cannot make an emotional connection, if I find myself ambivalent about their fate—then a book is discarded as not being to my taste. It is also important to recognise that some tastes are transient. Crime fiction stories that are popular today could be forgotten tomorrow. Some stories appeal to such a broad range of tastes they are immediately included in the crime fiction canon. Yet others evolve over time to accommodate widespread changes in taste (an excellent example of this can be seen in the continual re-imagining of the stories of Sherlock Holmes). Personal tastes also adapt to our experiences and our surroundings. A book that someone adores in their 20s might be dismissed in their 40s. A storyline that was meaningful when read abroad may lose some of its magic when read at home. Personal events, from a change in employment to the loss of a loved one, can also impact upon what we want to read. Similarly, world events, such as economic crises and military conflicts, can also influence our reading preferences. Auden professed an almost insatiable appetite for crime fiction, describing the reading of detective stories as an addiction, and listed a very specific set of criteria to define the Whodunit. Today, such self-imposed restrictions are rare as, while there are many rules for writing crime fiction, there are no rules for reading this (or any other) genre. People are, generally, free to choose what, where, when, why, and how they read crime fiction, and to follow the deliberate or whimsical paths that their tastes may lay down for them. Crime fiction writers, past and present, offer: an incredible array of detective stories from the locked room to the clue puzzle; settings that range from the English country estate to city skyscrapers in glamorous locations around the world; numerous characters from cerebral sleuths who can solve a crime in their living room over a nice, hot cup of tea to weapon wielding heroes who track down villains on foot in darkened alleyways; and, language that ranges from the cultured conversations from the novels of the genre’s Golden Age to the hard-hitting terminology of forensic and legal procedurals. Overlaid on these appeal factors is the capacity of crime fiction to feed a taste for justice: to engage, vicariously at least, in the establishment of a more stable society. Of course, there are those who turn to the genre for a temporary distraction, an occasional guilty pleasure. There are those who stumble across the genre by accident or deliberately seek it out. There are also those, like Auden, who are addicted to crime fiction. So there are corpses for the conservative and dead bodies for the bloodthirsty. There is, indeed, a murder victim, and a murder story, to suit every reader’s taste. References Auden, W.H. “The Guilty Vicarage: Notes on The Detective Story, By an Addict.” Harper’s Magazine May (1948): 406–12. 1 Dec. 2013 ‹http://www.harpers.org/archive/1948/05/0033206›. Carter Snead, O. “Memory and Punishment.” Vanderbilt Law Review 64.4 (2011): 1195–264. Cawelti, John G. Adventure, Mystery and Romance: Formula Stories as Art and Popular Culture. Chicago: U of Chicago P, 1976/1977. Chandler, Raymond. The Big Sleep. London: Penguin, 1939/1970. ––. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Christie, Agatha. The Mysterious Affair at Styles. London: HarperCollins, 1920/2007. Cole, Cathy. Private Dicks and Feisty Chicks: An Interrogation of Crime Fiction. Fremantle: Curtin UP, 2004. Derrida, Jacques. “The Law of Genre.” Glyph 7 (1980): 202–32. Franks, Rachel. “May I Suggest Murder?: An Overview of Crime Fiction for Readers’ Advisory Services Staff.” Australian Library Journal 60.2 (2011): 133–43. ––. “Motive for Murder: Reading Crime Fiction.” The Australian Library and Information Association Biennial Conference. Sydney: Jul. 2012. ––. “Punishment by the Book: Delivering and Evading Punishment in Crime Fiction.” Inter-Disciplinary.Net 3rd Global Conference on Punishment. Oxford: Sep. 2013. Freeman, R.A. “The Art of the Detective Story.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1924/1947. 7–17. Galgut, E. “Poetic Faith and Prosaic Concerns: A Defense of Suspension of Disbelief.” South African Journal of Philosophy 21.3 (2002): 190–99. Garland, David. Punishment and Modern Society: A Study in Social Theory. Chicago: U of Chicago P, 1993. Hemingway, Ernest. A Farewell to Arms. London: Random House, 1929/2004. ––. in R. Chandler. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Hitchens, P. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003. James, P.D. Talking About Detective Fiction. New York: Alfred A. Knopf, 2009. Knight, Stephen. Crime Fiction since 1800: Death, Detection, Diversity, 2nd ed. New York: Palgrave Macmillian, 2010. Knox, Ronald A. “Club Rules: The 10 Commandments for Detective Novelists, 1928.” Ronald Knox Society of North America. 1 Dec. 2013 ‹http://www.ronaldknoxsociety.com/detective.html›. Malmgren, C.D. “Anatomy of Murder: Mystery, Detective and Crime Fiction.” Journal of Popular Culture Spring (1997): 115–21. Maloney, Shane. The Murray Whelan Trilogy: Stiff, The Brush-Off and Nice Try. Melbourne: Text Publishing, 1994/2008. Marsh, Ngaio in J. Drayton. Ngaio Marsh: Her Life in Crime. Auckland: Harper Collins, 2008. Orwell, George. Nineteen Eighty-Four. London: Penguin Books, 1949/1989. Roland, Susan. From Agatha Christie to Ruth Rendell: British Women Writers in Detective and Crime Fiction. London: Palgrave, 2001. Rzepka, Charles J. Detective Fiction. Cambridge: Polity, 2005. Sayers, Dorothy L. “The Omnibus of Crime.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 71–109. Scaggs, John. Crime Fiction: The New Critical Idiom. London: Routledge, 2005. Sisterson, C. “Battle for the Marsh: Awards 2013.” Black Mask: Pulps, Noir and News of Same. 1 Jan. 2014 http://www.blackmask.com/category/awards-2013/ Sutherland, John. in A. Flood. “Could Miles Franklin turn the Booker Prize to Crime?” The Guardian. 1 Jan. 2014 ‹http://www.guardian.co.uk/books/2010/jun/25/miles-franklin-booker-prize-crime›. Van Dine, S.S. “Twenty Rules for Writing Detective Stories.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 189-93. Wilson, Edmund. “Who Cares Who Killed Roger Ackroyd.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1944/1947. 390–97. Wyatt, N. “Redefining RA: A RA Big Think.” Library Journal Online. 1 Jan. 2014 ‹http://lj.libraryjournal.com/2007/07/ljarchives/lj-series-redefining-ra-an-ra-big-think›. Zunshine, Lisa. Why We Read Fiction: Theory of Mind and the Novel. Columbus: Ohio State UP, 2006.

Pat Buchanan’s infamous speech to the 1992 Republican convention (Buchanan), has often been understood as a defining moment in the US culture wars (Hartman). The speech’s central claim that “there is a religious war going on in our country for the soul of America” oriented around the idea that the US was a nation divided between two opposing values systems. On one side were Democrat defenders of “abortion on demand” and “homosexual rights” and on the other those who, like then Republican presidential candidate George Bush, stood by the “Judeo-Christian values and beliefs upon which this nation was built.”Buchanan’s speech helped popularise the idea that the US was riven by fundamental cultural divides, an idea that became a media staple but was hotly contested by scholars.The year before Buchanan’s speech, James Davison Hunter’s Culture Wars: The Struggle to Define America advanced a “culture wars thesis” based in claims of a growing “political and social hostility rooted in different systems of moral understanding” (Hunter 42). Hunter cited increasing polarisation in debates on “abortion, child care, funding for the arts, affirmative action and quotas, gay rights, values in public education, or multiculturalism” (Hunter 42) and claimed that the defining religious divides in the US were no longer between religions but within them. In the intense scholarly debate that followed its publication, as Irene Taviss Thomson has summarised, little empirical evidence emerged of any real divide.Yet this lack of empirical evidence does not mean that talk of culture wars can be easily dismissed. The culture wars, as I have argued elsewhere (Davis), were and are a media product designed to sharpen social divides for electoral gain. No doubt because of the usefulness of this product, culture wars discourse remains a persistent feature of public debate across the west. The symbolic discourse that positions the culture wars and its supposedly intractable differences as real, I argue, deserves consideration in its own right.In what follows, I analyse the use of culture wars discourse in two defining documents. The first, Pat Buchanan’s 1992 “culture wars” speech, reputedly put the culture wars front and centre of US politics. The second, Allum Bokhari and Milo Yiannopoulos’s 2016 article in Breitbart News, “An Establishment Conservative’s Guide to the Alt-Right” (Bokhari and Yiannopoulos), sought to define its moment by affirming the arrival of a new political movement, the “alt-right”, as a force in US politics. With its homage to Buchanan and written in the belief that “politics is downstream from culture” the article sought to position the alt-right as an inheritor of Buchanan’s legacy and to mark a new defining moment in an ongoing culture war.This self-referential framing, I argue, belies deep differences between Buchanan’s rhetoric and that of Bokhari and Yiannopoulos. Buchanan’s defence of American values, while spectacularly adversarial, is at base democratic, whereas, despite its culturalist posturing, one project of “An Establishment Conservative’s Guide to the Alt-Right” is to reinstate biological notions of race and gender difference in the political agenda.Culture Wars ThenBuchanan’s speech came after decades of sniping. The emergence of the “counterculture” of the 1960s helped create a basis for the idea that US politics was defined by an irreducible clash of values (Thomson). Buchanan played a direct role in fostering such divides. As he famously wrote in a 1971 memo to then President Richard Nixon in which he suggested exploiting racial divides, if we “cut … the country in half, my view is that we would have far the larger half.” But the language of Buchanan’s 1992 speech, while incendiary, is nevertheless democratic in its emphasis on delineating rival political platforms. Much culture wars discourse focuses on the embodied politics of gender, sexuality and race. A principal target of Buchanan’s speech was abortion, which since the Roe versus Wade judgement of 1973 that legalised part-term abortion in the US has been a defining culture wars issue. At the “top” of Democrat candidate Bill Clinton’s agenda, Buchanan claimed, is “unrestricted abortion on demand.” Buchanan singled out Hillary Clinton for special attack:friends, this is radical feminism. The agenda Clinton & Clinton would impose on America–abortion on demand … homosexual rights, discrimination against religious schools, women in combat … is not the kind of change America wants.Buchanan then pledges to support George Bush, who had beaten him for the Republican nomination, and Bush’s stance “against the amoral idea that gay and lesbian couples should have the same standing in law as married men and women.” He also supports Bush on “right-to-life, and for voluntary prayer in the public schools.” Buchanan’s language here references essentialist ideas of morality and contrasts them against the supposed immorality of his opponents but is ultimately predicated in the democratic languages of law-making and rights and the adversarial language of electoral politics. Through these contrasts the speech builds to its famous centrepiece:my friends, this election is about much more than who gets what. It is about who we are. It is about what we believe. It is about what we stand for as Americans. There is a religious war going on in our country for the soul of America. It is a cultural war, as critical to the kind of nation we will one day be as was the Cold War itself.Buchanan, here, sharpens and maps the contrasts he has been working with onto differences in identity. Politics, here, is not about the distribution of resources but is about identity, values and a commensurate difference in belief systems. On one side are righteous Americans, on the other a culture of immorality that threatens the proper religious basis of the nation. Notably, the speech makes no direct mention of race. It instead uses code. Evoking the LA riots that took place earlier that year, Buchanan sides with the troopers who broke up the riots.they walked up a dark street, where the mob had looted and burned every building but one, a convalescent home for the aged. The mob was heading in, to ransack and loot the apartments of the terrified old men and women. When the troopers arrived, M-16s at the ready, the mob threatened and cursed, but the mob retreated. It had met the one thing that could stop it: force, rooted in justice, backed by courage … and as they took back the streets of LA, block by block, so we must take back our cities, and take back our culture, and take back our country. God bless you, and God bless America.Unsaid here is that the “mob” were black and reacting against the injustice of the beating of a black man, Rodney King, by police. The implication is that to “take back our culture … take back our country” is to vanquish the restive black enemy within. By using code Buchanan is able to avoid possible charges of racism, positioning the rioters not as racially different but as culturally different; their deficit is not genetic but patriotic.Culture Wars NowSince the 1990s culture wars discourse has become entrenched as a media staple. Supposedly intractable values divides between “conservatives” and “liberals” play out incessantly across a conservative media sphere that spans outlets (Fox News), platforms (Breitbart News), broadcasters (Rush Limbaugh), and commentators such as Ann Coulter, in debate over issues ranging from gun control, LGBTQI rights, American history and sex education and prayer in schools. This discourse, crystalised in divisive terms such as “cultural Marxist,” “social justice warrior” and “snowflake”, is increasingly generated by online bulletin boards such as the 4chan/pol/(politically incorrect) and /b/-Random boards, which function as a crucible for trolling and meme-making (Phillips) that routinely targets minorities, women and especially feminists. As Angela Nagle has said (24), Gamergate, the 2014 episode in which female game reviewers and designers critical of sexism in the gaming industry were targeted with organised trolling, played a pivotal role in “uniting different online groups and spreading the tactics of chan culture to the broad online right.” Other conduits for extremist discourse to the mainstream include sites such as the white supremacist Daily Stormer, alt-right sites, and “men’s rights” sites such as Return of Kings. The self-described aim of this discourse, as the white nationalist Jared Swift has said, has been to move the “Overton window” of what constitutes acceptable public discourse far to the right (in Daniels).The emergence of this diverse conservative media sphere provided opportunities for new celebrities willing to parse older forms of culture wars discourse with new forms of online extremism and to announce themselves as ringmasters of whatever circus might result. One such person is Milo Yiannopoulos. Quick to read the opportunities in Gamergate, he announced himself a sudden convert to the gaming cause (which he had previously dismissed) and helped turn the controversy into a rallying point for a nascent alt-right (Yiannopoulos). In 2014 Yiannopoulos was recruited by Breitbart News as a senior editor. Breitbart’s founder, Andrew Breitbart, is perhaps most famous for his dictum that “politics is downstream from culture”, an apt motto for a culture war.In 2016 Yiannopoulos, working with Bokhari, another Breitbart staffer, published, “An Establishment Conservative’s Guide to the Alt-Right”, which, written with Andrew Breitbart’s dictum in mind, sought to announce the radicalism of a new antiestablishment conservative political force and yet to make it palatable for a mainstream audience. The article claims the “paleoconservative movement that rallied around the presidential campaigns of Pat Buchanan” as one of the origins of the alt-right. Donald Trump is praised as “perhaps the first truly cultural candidate for President since Buchanan.” The rest, they argue, is little more than harmless online mischief. The alt-right, they claim, is a fun-loving “movement born out of the youthful, subversive, underground edges of the internet,” made up of people who are “dangerously bright.” Similarly, the “manosphere” of “men’s rights” sites, infamous for misogyny, are praised as “one of the alt-right’s most distinctive constituencies” and positioned as harmless alongside an endorsement of masculinist author Jack Donovan’s “wistful” laments for “the loss of manliness that accompanies modern, globalized societies.” Mass trolling and the harassment of opponents by “the alt-right’s meme team” is characterised as “undeniably hysterical” and justifiable in pursuit of lulz.The sexism and racism found on bulletin boards such as 4 chan, for Bokhari and Yiannopoulos, is no less harmless. Young people, they claim, are drawn to the alt right not because of ideology but because “it seems fresh, daring and funny” contrasted against the “authoritarian instincts of the progressive left. With no personal memories or experience of racism, they “have trouble believing it’s actually real … they don’t believe that the memes they post on/pol/ are actually racist. In fact, they know they’re not—they do it because it gets a reaction.”For all these efforts to style the alt-right as mere carnivalesque paleoconservatism, though, there is a fundamental difference between Buchanan’s speech and “An Establishment Conservative’s guide to the Alt-Right.” Certainly, Bokhari and Yiannopoulos hit the same culture wars touchstones as Buchanan: race, sexuality and gender issues. But whereas Buchanan’s speech instances the “new racism” (Ansell) in its use of code to avoid charges of biological racism, Yiannopoulos and Bokhari are more direct. The article presents as an exemplary instance of how to fight a culture war but epitomises a new turn in the culture wars from culture to biologism. The alt-right is positioned as unashamedly Eurocentric and having little to do with racism. Yiannopoulos and Bokhari also seek to distance the alt-right from the “Stormfront set” and “1488ers” (“1488” is code for neo-Nazi). Yet even as they do so, they embrace “human biodiversity” ideology (biological racism), ethnic separatism and the building of walls to keep different racial groups apart. “An Establishment Conservative’s guide to the alt-right” was written in secret consultation with leading white supremacist figures (Bernstein) and namechecks the openly white supremacist Richard Spencer who is given credit for helping found “the media empire of the modern-day alternative right.”Spencer has argued that “Race is something between a breed and an actual species” and a process of “peaceful ethnic cleansing” should take place by which non-white Americans leave (Nagle 59). He is an admirer of the Italian ‘superfascist’ and notorious racist Julius Evola, who Yiannopoulos and Bokhari also namecheck. They also excuse race hate sites such as VDARE and American Renaissance as home to “an eclectic mix of renegades who objected to the established political consensus in some form or another.” It is mere happenstance, according to Yiannopoulos and Bokhari, that the “natural conservatives” drawn to the alt-right are “mostly white, mostly male middle-American radicals, who are unapologetically embracing a new identity politics that prioritises the interests of their own demographic.” Yet as they also say,while eschewing bigotry on a personal level, the movement is frightened by the prospect of demographic displacement represented by immigration. Border walls are a much safer option. The alt-right’s intellectuals would also argue that culture is inseparable from race. The alt-right believe that some degree of separation between peoples is necessary for a culture to be preserved.“Demographic displacement” here is code for “white genocide” a meme assiduously promoted over many years by the US white supremacist Bob Whitaker, now deceased, who believed that immigration, interracial marriage, and multiculturalism dilute white influence and will drive the white population to extinction (Daniels). The idea that “culture is inseparable from race” and that “some degree of separation between peoples is necessary for a culture to be preserved” echo white supremacist calls for a white “ethno-state.”“An Establishment Conservative’s Guide to the Alt-Right” also namechecks so-called “neoreactionaries” such as Nick Land and Curtis Yarvin, who according to Yiannopoulos and Bokhari regard egalitarianism as an affront to “every piece of research on hereditary intelligence” and see liberalism, democracy and egalitarianism as having “no better a historical track record than monarchy.” Land and Yarvin, according to Yiannopoulos and Bokhari, offer a welcome vision of the conservative future:asking people to see each other as human beings rather than members of a demographic in-group, meanwhile, ignored every piece of research on tribal psychology … these were the first shoots of a new conservative ideology—one that many were waiting for.Culture Wars FuturesAs the culture wars have turned biological so they have become entrenched ever more firmly in mainstream politics. The “new conservative ideology” Yiannopoulos and Bokhari mention reeks of much older forms of conservative ideology currently being taken up in the US and elsewhere, based in naturalised gender hierarchies and racialised difference. This return to the past is fast becoming institutionalised. One of the stakes in the bitter 2018 dispute over the appointment of Brett Kavanaugh to the US Supreme Court was the prospect that Kavanaugh’s vote will create a conservative majority in the court that will enable the revisiting of a talismanic moment in the culture wars by overturning the Roe versus Wade judgement. Alt-right calls for a white ethno-state find an analogue in political attacks on asylum seekers, the reinforcement of racialised differential citizenship regimes around the globe, the building of walls to keep out criminalised Others, and anti-Islamic immigration measures. The mainstreaming of hate can be seen in the willingness of Donald Trump as a presidential candidate and as president to retweet the white supremacist tweets of @WhiteGenocideTM, his hesitation to repudiate a campaign endorsement by Ku Klux Klan leader David Duke, his retweeting of bogus black crime statistics, his accusations that illegal Mexican immigrants are criminals, drug dealers and rapists, and his anti-Islamic immigration stance. It can be seen, too, in the recent electoral successes of white nationalist parties across Europe.For all their embrace of Eurocentrism and “the preservation of western culture” the alt-right revisiting of issues of race and gender in terms that seek to reinstate biological hierarchy undermines the Enlightenment ethics of equality and universalism that underpin western human rights conventions and democratic processes. The “Overton window” of acceptable public debate has moved far to the right and long taboo forms of race and gender-based hate have returned to the public agenda. Buchanan’s 1992 Republican convention speech, by contrast, for all its incendiary rhetoric, toxic homophobia, sneering anti-feminism, and coded racism, somehow manages to look like a relic from a kinder, gentler age.ReferencesAnsell, Amy Elizabeth. New Right, New Racism: Race and Reaction in the United States and Britain. Palgrave Macmillan, 1997.Bernstein, Joseph. “Here’s How Breitbart and Milo Smuggled Nazi and White Nationalist Ideas into the Mainstream.” BuzzFeed News, 10 May 2017. 4 Dec. 2018 <https://www.buzzfeednews.com/article/josephbernstein/heres-how-breitbart-and-milo-smuggled-white-nationalism>.Bokhari, Allum, and Milo Yiannopoulos. “An Establishment Conservative’s Guide to the Alt-Right.” Breitbart, 29 Mar. 2016. 4 Dec. 2018 <http://www.breitbart.com/tech/2016/03/29/an-establishment-conservatives-guide-to-the-alt-right/>.Buchanan, Pat. “1992 Republican National Convention Speech.” Patrick J. Buchanan - Official Website, 17 Aug. 1992. 4 Dec. 2018 <http://buchanan.org/blog/1992-republican-national-convention-speech-148>.Daniels, Jessie. “Twitter and White Supremacy, A Love Story.” Dame Magazine, 19 Oct. 2017. 4 Dec. 2018 <https://www.damemagazine.com/2017/10/19/twitter-and-white-supremacy-love-story/>.Davis, Mark. “Neoliberalism, the Culture Wars and Public Policy.” Australian Public Policy: Progressive Ideas in the Neoliberal Ascendency. Eds. Chris Miller and Lionel Orchard. Policy Press, 2014. 27–42.Hartman, Andrew. A War for the Soul of America: A History of the Culture Wars. University of Chicago Press, 2015.Hunter, James Davison. Culture Wars: The Struggle to Control the Family, Art, Education, Law, and Politics in America. Basic Books, 1991.Nagle, Angela. Kill All Normies: Online Culture Wars from 4chan and Tumblr to Trump and the Alt-Right. Zero Books, 2017.Phillips, Whitney. This Is Why We Can’t Have Nice Things: Mapping the Relationship between Online Trolling and Mainstream Culture. MIT Press, 2015.Thomson, Irene Taviss. Culture Wars and Enduring American Dilemmas. University of Michigan Press, 2010.Yiannopoulos, Milo. “Feminist Bullies Tearing the Video Game Industry Apart.” Breitbart, 1 Sep. 2014. 4 Dec. 2018 <http://www.breitbart.com/london/2014/09/01/lying-greedy-promiscuous-feminist-bullies-are-tearing-the-video-game-industry-apart/>.