Recent publications by CJR network members

Recent Publications by CJR Network Members

 

Louise Chappell

The Politics of Gender Justice at the International Criminal Court: Legacies and Legitimacy

The first volume to examine the effectiveness of the ICC
Contains major contributions to feminist international relations and historical institutionalism
Features comprehensive research that spans ten years
A valuable resource for future improvements to the implementation of international criminal law statutes

Available Now

 

 

Editors: Jill Hunter, Paul Roberts, Simon Young, David Dixon

The Integrity of Criminal Process: Theory into Practice. First Edition

Criminal proceedings, theorists and practitioners would generally agree, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, "integrity"? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The sixteen new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of "integrity" at all stages of the criminal process. Reflecting the flexibility and scope of a putative "integrity principle", the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations and charging practice; prosecutorial independence, policy and operational decision-making; plea bargaining; the ethical obligations of expert witnesses; victims' rights; criminal procedure and rules of evidence; judicial reasoning; lay participation in criminal adjudication; innocence projects; and state compensation for wrongful convictions.

Available Now



Chris Cunneen, Melanie Schwartz, Julie Stubbs, Courtney Young

Justice Reinvestment: Winding Back Imprisonment

This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates.

Available Now

Sexting and Young People

This book empirically explores young people's practices and perceptions of sexting. It defines and surveys the various facets of sexting, and particularly addresses the ways in which sexting has been represented and responded to by the media, education campaigns and the law. It draws on a substantial body of qualitative and quantitative evidence of young people's views and experiences of sexting, a media discourse analysis capturing the tenure of public discussion about sexting, and an in-depth analysis of existing laws and sanctions that apply to sexting. Sexting and Young People also analyses the important broader socio-legal issues raised by sexting and the appropriateness of current responses. In doing so, this book offers important recommendations for policy makers and the legal system, and provides direction for future approaches to sexting research.

Available now

David Brown, David Farrier, Luke McNamara, Alex Steel,
Michael Grewcock, Julia Quilter and Melanie Schwartz

Criminal Laws (6th Edition)

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and
a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers
from all disciplines.

This sixth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since the previous edition. The critical, thematic, contextual and interdisciplinary perspectives have been deepened. A new Policing chapter has been added,
Assault and Sexual Assault divided into separate chapters and the process coverage and theme extended throughout.

Available now

Peter Zahra and Courtney Young

Drug Laws in NSW

Judge Peter Zahra SC is joined in authorship of this renowned, comprehensive book by Courtney Young, solicitor and lecturer at UNSW where she was the University Medallist in Law.

The new edition is broken down into three parts. The first, Substantive Offences, has four chapters: Offences and Penalties – Drug Misuse and Trafficking Act 1985; Conspiracy; Commonwealth Narcotic offences; and Poisons and Therapeutic Goods Act 1966. The second, Evidence and Procedure, has three chapters: Hearsay Admissions; Search, Seizure and Investigation; and Evidentiary Issues. Finally, there is a chapter on Sentencing.

Victoria Sentas I

Traces of Terror: Counter-Terrorism Law, Policing and Race

In the wake of 2001, terrorism laws and their policing have been charged with eroding civil liberties and discriminating against Muslim and ethnic minority peoples. Traces of Terror: Counter-Terrorism Law, Policing, and Race goes further and asks how counter-terrorism reproduces the social relations of race: what police and legal practice, what knowledge and what power makes over-policing normal.

Based on field work in Australia, this book investigates the effects of counter-terrorism law and policing on Muslim, Somali, Turkish Kurds and Sri Lankan Tamil communities. Drawing together in-depth interviews with members of Victoria Police and those who are being policed, participant observations of community forums, and a detailed investigation of government and police policy, legislation and case law, the author explains how processes of criminalization and racialization are sustained. The study analyses preparatory terrorism offences and 'terrorist organization' laws, as well as the application of contentious concepts including extremism, radicalization and counter-radicalization. The book explains the management of difference, identity and belonging through expanding police and intelligence powers as well as through community policing and multicultural social policy.

Above all, this book traces the persistence of race, racialization and racism in practices presented, on the surface, as 'race neutral', consensual and inclusive. From raids and prosecutions, to informal questioning and communitarian forms of regulation, it demonstrates the enduring and shifting meanings of these concepts as practices and their lived, often contradictory effects on the populations who experience them.

Alyce McGovern and Murray Lee

Policing and media: Public Relations, Simulations and Communications

Policing and Media explores the rationalities that are driving police/media relations and asks; how these relationships differ (or not) from the ways they have operated historically; what new technologies are influencing and being deployed by policing organizations and police public relations professionals and why; how operational policing is shaping and being shaped by new technologies of communication; and what forms of resistance are evident to the manufacture of preferred images of police. The authors suggest that new forms of simulated and hyper real policing using platforms such as social media and reality television are increasingly positioning police organisations as media organisations, and in some cases enabling police to bypass the traditional media altogether. The book is informed by empirical research spanning 10 years in this field and includes chapters on journalism and police, policing and social media, policing and reality television, and policing resistances.

Available now

 


 

Chris Cunneen, Eileen Baldry, David Brown, Melanie Schwartz, Alex Steel and Mark Brown

Penal Culture and Hyperincarceration: The Revival of the Prison

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial complex,’ in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as ‘risk management’, ‘the therapeutic prison’, and ‘preventative detention’ are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

Available now


Edited by Jane Bolitho, Jasmin Bruce, Gail Mason

Current experimentations with approaches to restorative justice for adult offenders represents a compelling new direction in the criminal justice system. This book examines the values and challenges of restorative justice for adult offenders, victims and communities. The discussion is situated within current debate, available research, and the international literature. In canvassing the structure, content, and delivery of key Australian and New Zealand restorative justice programs for adult offenders, the distinguished authors offer critical analysis of the emergence and impact of program developements for practitioners and professionals.

This collection brings together stimulating and informed articles by experienced practitioners, leading academics and new researchers in the field. It also offers valuable insights into emerging restorative justice practice for adult offenders and provides a real alternative to the adversarial justice system. Available now

Edited by Julie Stubbs and Kate Fitz-Gibbon Australian and New Zealand Journal of Criminology: Special Issue Legal Responses to Lethal Violence. Available now
Edited by Paul Roberts and Jill Hunter

Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions (Hart Publishing): Available now

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights.

This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

Edited by Kevin D. Haggerty, Aaron Doyle,  and Janet Chan

Crime, Institutional Knowledge and Power: The Rich Criminological Legacy of Richard Ericson (Ashgate Publishing)

Richard Ericson was one of the most important and widely-cited criminologists of his generation and this volume, edited by three of his colleagues, brings together a selection of his influential research essays and articles. The topics covered include juvenile justice, policing, the courts, the media, the insurance industry and national security. Overall, the collection enables scholars and researchers to develop a greater understanding of the dynamics of crime, risk and security. Available now

 

Jeremy Gans, Terese Henning, Jill Hunter and Kate Warner

Criminal Process and Human Rights (Federation Press)

Criminal process requirements in Australia are being affected by obligations created by legislation in Victoria and the ACT and by the International Covenant on Civil and Political Rights (the ICCPR) across the country. This book examines how. It is a rights-based analysis of Australian criminal procedure, a comprehensive guide to the actual and potential impact of human rights law upon Australian criminal process. Available now

Leon Mann and Janet Chan

Creativity and Innovation in Business and Beyond: Social Science Perspectives and Policy Implications now available

In many modern economies, creativity, the essential prerequisite for innovation, tends to be assumed or neglected while the catchphrase "innovation" dominates the field of business as the key to national performance and competitiveness. Creativity and Innovation in Business and Beyond illustrates the ways in which creativity spurs innovation and innovation enables creativity“ not only in the realms of business and management, where the innovation is regularly acknowledged and discussed, but throughout the social sciences.

With contributions from experts in fields as far-flung as policy, history, economics, economic geography, sociology, law, psychology, social psychology and education, in addition to business and management, this volume explores the manifold avenues for creativity and innovation at many levels including nation, region, city, institution, organisation, and team across a multitude of sectors and settings.

 

Michael Grewcock

Border Crimes: Australia's War on Illicit Migrants, by Michael Grewcock now available

In this powerful and compelling book, Mike Grewcock eloquently exposes the organised criminal abuses and violence perpetrated by states against one of the world’s most vulnerable populations. Through the lens of a state crime framework and with conceptual rigour he traces the political and historical antecedents of Australia’s shameful asylum policy and practice. Read an excellent view of Mike's book in the British Journal of Criminology (50) 5 Sept 2010 here

Tyrone Kirchengast

The Criminal Trial in Law and Discourse by Tyrone Kirchengast has recently been published and is available through Palgrave

The criminal trial is a transgressive institution of social justice and discursive power. This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.