Law & Justice
Law & Justice
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(2022) Hopkins, TamarThesisThis thesis investigates the meaning of racial profiling and its application in Australia. Drawing on the conceptualisation developed by Epp, Maynard-Moody and Haider-Markel that racial profiling is the disproportionate use of unjustified police power against racial and ethnic minorities, this thesis asks: does racial profiling exist in Australia? I develop three methodologies to answer this question. In the first, I apply four concepts developed by Canadian courts to existing Australian cases to determine whether they enable the disclosure of racial profiling. For the second strategy, I conduct a survey of 981 people from Victoria, Australia who the police have subjected to a vehicle, pedestrian or cyclist stop. Drawing again on Epp, Maynard-Moody and Haider-Markel, I classify their experiences into variables that, through regression analysis, I can use examine whether police engage in racial profiling. My third strategy, using the same survey data, tests whether police more frequently use particular tactics on specific racial groups. If so, these tactics could be said to correspond to racial profiling under a test devised by Canadian judge Morden JA. in R v Brown  OJ 1251. The result of each strategy discloses the existence of racial profiling in Australia. Firstly, I find that racial profiling is likely to have impacted 12 Australian cases I examine through the lens of the Canadian common law framework. Consequently, to make racial profiling more visible, this framework provides a useful guide for the development of police powers law in Australia. Secondly, I find strong evidence (p<0.05) that police in Victoria subject people of Aboriginal, African, Pasifika and Middle-Eastern/Muslim appearance to unjustified police stops and unjustified post-stop conduct more frequently than white people. This finding demonstrates that pro-active policing methodologies in Victoria are racially discriminatory. My third finding is that there is strong exploratory evidence (p<0.05) that police use 12 tactics against specific racial groups more frequently than white people. These findings start to reveal the institutionalised mechanisms that police use to target racial groups in Australia. As the first study of this kind in Australia, this thesis makes a major contribution to understanding racial profiling in Australia and how it may be evidenced.
(2022) Frishling, NanaThesisThis thesis is about multi-stakeholder initiatives that seek to regulate the human rights impacts of global apparel supply chains (Apparel MSIs). MSIs have the aim of improving human rights for millions of apparel workers worldwide, but after two decades they show little evidence of such improvement. Civil society critics argue that MSIs are ineffective, unreformable private regulation that is not fit-for-purpose and lacks legitimacy. This thesis argues that Apparel MSIs still perform a valuable regulatory function, however they must adopt new regulatory approaches. These include moving beyond social audit as a regulatory technique, expanding stakeholder participation and better measuring and communicating impact. MSIs must transform to realise their aim of improving apparel workers human rights and consequently preserve their legitimacy. To understand and contribute to this transformation the thesis method incorporates existing literature; it applies theoretical frameworks; and the insights of original empirical research. From the latter the voices of worker advocates, union leaders and academics reveal recent and promising regulatory innovations and changes in MSIs. Along with this empirical research, the original contributions of this thesis are to emphasise the interconnected nature of legitimacy criteria and assess the overall legitimacy of Apparel MSIs in the light of the functional model adopted by each MSI. This legitimacy analysis is supported by the regulatory theory of responsive regulation, which explicitly contemplates self-regulatory forms like MSIs. The original contribution of bringing responsive regulation to bear on Apparel MSIs, provides new insights into how they can bolster their regulatory effectiveness and legitimacy. Interviews undertaken with key stakeholders provide a sociological perspective to this analysis. Interview data also drive the final recommendations for reform which coming from MSI stakeholders point to recent innovations in private regulation as a more promising alternative. Given the opportunity to build a more just world after the Covid-19 pandemic, these recommendations could not come at a more critical juncture.
Indigenous Victims of Sexual Violence and the MeToo Movement: Social Media Activism and Patterns of Exclusion within the Justice System(2022) O'Connor, JayneThesisIndigenous women in Australia have remained one of the most at-risk demographics for sexual violence victimisation since colonisation began. Indigenous women have historically been marginalized and excluded from accessing justice for sexual violence through the legal system. Changes to the justice system, including incorporating some Indigenous-focussed practices in sentencing, have resulted in inadequate access to justice for Indigenous women sexual assault victims. Some women who have not been able to find justice or validation in the legal system have sought other avenues for redress, including social media activism. The MeToo movement is one of the largest social media activist movements to date to address the issue of sexual violence. The MeToo movement has been seen as a means by which victims can take control of the narrative around sexual violence and seek recognition and justice outside the courtroom. Millions of women globally have participated in MeToo, but the movement has also been subject to critiques about its lack of inclusivity and its inability to respond to intersecting forms of oppression and trauma. Through MeToo, women have revealed the legal system has fundamentally failed victims of sexual violence, especially Indigenous women. The thesis asks: What does the MeToo movement in Australia reveal about the differences and similarities in narrative and process between the criminal justice system (CJS) and social media regarding sexual violence allegations and the potential for social media to act as an alternative to the CJS? This thesis responds to this question with a focus on a disenfranchised sector of Australian society, namely Indigenous women. By synthesising theories from the frameworks of decolonisation and critical race feminism, the thesis applies critically analyses the phenomena of spectacle and performativity. The thesis reveals several ways by which social media activism replicates the patterns of exclusion and discrimination present in the legal system, leaving Indigenous women substantially excluded from two major avenues for redress of inaccessibility to justice and related grievances. The thesis identifies the replication of patterns of exclusion and discrimination across three contexts: society, the legal system, and social media activism. The thesis concludes alternative justice seeking methods will struggle to succeed while the foundations of colonisation and patriarchy persist. It also reveals three overarching themes, and four conceptual tensions present at the intersection of sexual violence against Indigenous women and social media activism. The themes are: (1) voice, narrative, and visibility; (2) agency and self-determination, and (3) transnational/transcultural phenomena. The tensions are: (1) law and justice; (2) the criminal justice system and MeToo; (3) platforms and targets; and (4) commodification and resistance.