This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al... more This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al., 2015). The AJRP examined the development of justice reinvestment particularly in the context of it’s alignment with broad social justice values. We are also specifically interested in how and whether justice reinvestment can meet the needs of those social groups that have been adversely affected by mass imprisonment and hyper-incarceration, particularly racial and Indigenous minorities, women and people with mental health issues and cognitive impairment (Cunneen et al., 2013). We argue that justice reinvestment was in its early development strongly tied to civil rights, particularly with the focus on imprisonment and racialization, and social justice for communities where large numbers of residents were recycled in and out of prison.
This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al... more This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al., 2015). The AJRP examined the development of justice reinvestment particularly in the context of it’s alignment with broad social justice values. We are also specifically interested in how and whether justice reinvestment can meet the needs of those social groups that have been adversely affected by mass imprisonment and hyper-incarceration, particularly racial and Indigenous minorities, women and people with mental health issues and cognitive impairment (Cunneen et al., 2013). We argue that justice reinvestment was in its early development strongly tied to civil rights, particularly with the focus on imprisonment and racialization, and social justice for communities where large numbers of residents were recycled in and out of prison.
Australian & New Zealand Journal of Criminology, 2012
Over the past three decades, debates about legal reforms to lethal violence have been evident acr... more Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.
... 33 This included one woman who had consent orders with two of her former partners, but a priv... more ... 33 This included one woman who had consent orders with two of her former partners, but a private agreement with another partner. 34 Claire Furniss (2000) 'The process of referral to a family contact centre: policies and practices' 12 Child and Family Law Quarterly 255 at 263. ...
ABSTRACT Whether men and women are equally violent in their intimate relationships has animated c... more ABSTRACT Whether men and women are equally violent in their intimate relationships has animated considerable debate in the scholarly literature, and increasingly, in policy and law reform processes. This debate about the gendered nature of domestic violence (DV) has re-intensified over the past decade with police data from various countries documenting an increase in women identified as DV offenders. While there has been considerable research exploring the increase in women DV offenders overseas (particularly in the USA) there has been little research in Australia. This article seeks to fill some of these gaps. It reports on a NSW study which explored differences between women and men identified as ‘persons of interest’ in an incident reported to police in 2010, and then over time (2006–2012) to see whether that person was the predominant victim or offender. This article focuses on cases in which the police intended to take legal action arising from the 2010 incident; this is important, as one would anticipate greater similarity between men’s and women’s use of violence in cases warranting the attention of the law. The article highlights the limitations of an incident focus when examining a patterned form of behaviour such as DV.
In this chapter we examine legal responses to battered women who have killed abusers with a speci... more In this chapter we examine legal responses to battered women who have killed abusers with a special focus on indigenous women in Australia. For many battered women facing charges arising from killing a violent man, the capacity to successfully argue self-defence continues to be limited by the gender bias of the defence and by stereotyped understandings of women, intimate relations, and commonly also of indigeneity, that shape the reception of narratives concerning domestic violence. A well-established literature suggests that the introduction of expert testimony about battered woman syndrome (BWS) in support of defences to homicide has contributed to these stereotypes and to the medicalisation and pathologisation of battered women's behaviour. While compassionate or merciful outcomes are sometimes evident, mercy too often substitutes for an acquittal and distorts women's experiences rendering them as pathetic or irrational. We agree with that literature, but in this paper ou...
Despite law reforms intended explicitly to improve their prospects of receiving fairer considerat... more Despite law reforms intended explicitly to improve their prospects of receiving fairer consideration within the criminal justice system, it is still the case that most battered women accused of homicide are not successful in relying on self-defence. Defending battered women charged with homicide offers substantial challenges for defence lawyers. Acquittals leave little trace in standard modes of legal reporting and thus there are few opportunities for defence lawyers to examine the advocacy of their peers. In this article we document strategies that may support successful outcomes with specific reference to R v Falls, in which a battered woman charged with murder in 'non-confrontational circumstances' was acquitted on the basis of self-defence.
This article takes stock of what is happening in the defence of battered women who are charged wi... more This article takes stock of what is happening in the defence of battered women who are charged with homicide across three jurisdictions – Australia, Canada and New Zealand. In Part 1 the current legal requirements for the most relevant defences in all three jurisdictions are briefly outlined, with a focus on those legal developments that are likely to assist in the defence of battered women. In Part 2 general trends in how homicide cases involving accused battered women were resolved from 2000 to 2010 in the three jurisdictions are examined. This analysis suggests that further work is needed to improve the legal response to these kinds of cases, but that the changes needed are not necessarily in the area of statutory reform.
... Perera's chapter on the gender of 'borderpanic' links material and representat... more ... Perera's chapter on the gender of 'borderpanic' links material and representational domains, with a focus on 'the rationalistion of the state's powers of exclusion and inclusion through ... But that was not their project and it would be harsh to judge them on not exceeding their brief. ...
... Perera's chapter on the gender of 'borderpanic' links material and representat... more ... Perera's chapter on the gender of 'borderpanic' links material and representational domains, with a focus on 'the rationalistion of the state's powers of exclusion and inclusion through ... But that was not their project and it would be harsh to judge them on not exceeding their brief. ...
... Crime and Safety, South Australia (1991); Australian Bureau of Statistics, Crime Victims, Wes... more ... Crime and Safety, South Australia (1991); Australian Bureau of Statistics, Crime Victims, Western Australia (1991); Government Statisti-cian's Office, Crime ... 8 Walker, J, "Trends in Crime and Criminal Justice" in Chappell, D and Wilson, P (eds), The Australian Criminal Justice ...
This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al... more This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al., 2015). The AJRP examined the development of justice reinvestment particularly in the context of it’s alignment with broad social justice values. We are also specifically interested in how and whether justice reinvestment can meet the needs of those social groups that have been adversely affected by mass imprisonment and hyper-incarceration, particularly racial and Indigenous minorities, women and people with mental health issues and cognitive impairment (Cunneen et al., 2013). We argue that justice reinvestment was in its early development strongly tied to civil rights, particularly with the focus on imprisonment and racialization, and social justice for communities where large numbers of residents were recycled in and out of prison.
This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al... more This chapter draws on the work of the Australian Justice Reinvestment Project (AJRP) (Brown et al., 2015). The AJRP examined the development of justice reinvestment particularly in the context of it’s alignment with broad social justice values. We are also specifically interested in how and whether justice reinvestment can meet the needs of those social groups that have been adversely affected by mass imprisonment and hyper-incarceration, particularly racial and Indigenous minorities, women and people with mental health issues and cognitive impairment (Cunneen et al., 2013). We argue that justice reinvestment was in its early development strongly tied to civil rights, particularly with the focus on imprisonment and racialization, and social justice for communities where large numbers of residents were recycled in and out of prison.
Australian & New Zealand Journal of Criminology, 2012
Over the past three decades, debates about legal reforms to lethal violence have been evident acr... more Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.
... 33 This included one woman who had consent orders with two of her former partners, but a priv... more ... 33 This included one woman who had consent orders with two of her former partners, but a private agreement with another partner. 34 Claire Furniss (2000) 'The process of referral to a family contact centre: policies and practices' 12 Child and Family Law Quarterly 255 at 263. ...
ABSTRACT Whether men and women are equally violent in their intimate relationships has animated c... more ABSTRACT Whether men and women are equally violent in their intimate relationships has animated considerable debate in the scholarly literature, and increasingly, in policy and law reform processes. This debate about the gendered nature of domestic violence (DV) has re-intensified over the past decade with police data from various countries documenting an increase in women identified as DV offenders. While there has been considerable research exploring the increase in women DV offenders overseas (particularly in the USA) there has been little research in Australia. This article seeks to fill some of these gaps. It reports on a NSW study which explored differences between women and men identified as ‘persons of interest’ in an incident reported to police in 2010, and then over time (2006–2012) to see whether that person was the predominant victim or offender. This article focuses on cases in which the police intended to take legal action arising from the 2010 incident; this is important, as one would anticipate greater similarity between men’s and women’s use of violence in cases warranting the attention of the law. The article highlights the limitations of an incident focus when examining a patterned form of behaviour such as DV.
In this chapter we examine legal responses to battered women who have killed abusers with a speci... more In this chapter we examine legal responses to battered women who have killed abusers with a special focus on indigenous women in Australia. For many battered women facing charges arising from killing a violent man, the capacity to successfully argue self-defence continues to be limited by the gender bias of the defence and by stereotyped understandings of women, intimate relations, and commonly also of indigeneity, that shape the reception of narratives concerning domestic violence. A well-established literature suggests that the introduction of expert testimony about battered woman syndrome (BWS) in support of defences to homicide has contributed to these stereotypes and to the medicalisation and pathologisation of battered women's behaviour. While compassionate or merciful outcomes are sometimes evident, mercy too often substitutes for an acquittal and distorts women's experiences rendering them as pathetic or irrational. We agree with that literature, but in this paper ou...
Despite law reforms intended explicitly to improve their prospects of receiving fairer considerat... more Despite law reforms intended explicitly to improve their prospects of receiving fairer consideration within the criminal justice system, it is still the case that most battered women accused of homicide are not successful in relying on self-defence. Defending battered women charged with homicide offers substantial challenges for defence lawyers. Acquittals leave little trace in standard modes of legal reporting and thus there are few opportunities for defence lawyers to examine the advocacy of their peers. In this article we document strategies that may support successful outcomes with specific reference to R v Falls, in which a battered woman charged with murder in 'non-confrontational circumstances' was acquitted on the basis of self-defence.
This article takes stock of what is happening in the defence of battered women who are charged wi... more This article takes stock of what is happening in the defence of battered women who are charged with homicide across three jurisdictions – Australia, Canada and New Zealand. In Part 1 the current legal requirements for the most relevant defences in all three jurisdictions are briefly outlined, with a focus on those legal developments that are likely to assist in the defence of battered women. In Part 2 general trends in how homicide cases involving accused battered women were resolved from 2000 to 2010 in the three jurisdictions are examined. This analysis suggests that further work is needed to improve the legal response to these kinds of cases, but that the changes needed are not necessarily in the area of statutory reform.
... Perera's chapter on the gender of 'borderpanic' links material and representat... more ... Perera's chapter on the gender of 'borderpanic' links material and representational domains, with a focus on 'the rationalistion of the state's powers of exclusion and inclusion through ... But that was not their project and it would be harsh to judge them on not exceeding their brief. ...
... Perera's chapter on the gender of 'borderpanic' links material and representat... more ... Perera's chapter on the gender of 'borderpanic' links material and representational domains, with a focus on 'the rationalistion of the state's powers of exclusion and inclusion through ... But that was not their project and it would be harsh to judge them on not exceeding their brief. ...
... Crime and Safety, South Australia (1991); Australian Bureau of Statistics, Crime Victims, Wes... more ... Crime and Safety, South Australia (1991); Australian Bureau of Statistics, Crime Victims, Western Australia (1991); Government Statisti-cian's Office, Crime ... 8 Walker, J, "Trends in Crime and Criminal Justice" in Chappell, D and Wilson, P (eds), The Australian Criminal Justice ...
Australian & New Zealand Journal of Criminology, 2012
Over the past three decades, debates about legal reforms to lethal violence have been evident acr... more Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.
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