Law & Justice

Publication Search Results

Now showing 1 - 10 of 30
  • (2007) Cunneen, Chris; Mitchell, M.; Casey, J.
    Book Chapter
    Policing in Indigenous communities is an issue that demands attention to a range of broad political, socio-economic, cultural and historical contexts, as well as the more mundane matters of police operational concern. Given the complexity of the topic, this chapter will be selective and, from necessity, concentrate relatively briefly on a few key themes. They include the following: · The background to the contemporary relationship between police and Indigenous people. · A discussion of some of the key drivers for reform including the Royal Commission into Aboriginal Deaths in Custody (RCADIC), and more recently Aboriginal Justice Advisory Councils (AJACs) and the development of Aboriginal Justice Agreements. · A discussion of some of the key policing approaches specific to Indigenous communities such as Aboriginal liaison officers and Aboriginal community police. · A discussion of some of the key interface issues between police and community including the development of Indigenous community justice mechanisms.

  • (2007) Cunneen, Chris; Gillespie, N.
    Book Chapter
    The long list of shocking cases of Aboriginal deaths in custody exposed by the Royal Commission provided a public understanding of the processes of racism in the criminal justice system and Australian society more generally. The stories of the deaths in custody were the incontrovertible stories of institutional racism, of human tragedy and monumental inhumanity. Some cases showed profound callousness, others simple indifference. The current tragedy is that so many of the circumstances leading to deaths in custody, and identified by the RCADIC, are still routine occurrences. At the broadest level, the political conditions of the late 1990s and the new century have not been conducive in Australia to effective reform of the criminal justice system. There is little doubt that we have moved into a more punitive period in relation to criminal justice responses, and whatever impetus there was to reform in the early 1990s has largely evaporated. We see this drift into ‘law and order’ responses manifested in a range of areas including increased police powers, ‘zero tolerance’ style laws which increase the use of arrest for minor offences, greater levels of bail refusal and longer periods of imprisonment for a range of offences. However, on the positive side there has been a renaissance in Indigenous justice institutions. These provide the potential for significant change in the criminal justice system, and an opportunity for greater recognition of the aspirations of Indigenous people.

  • (2007) Cunneen, Chris; Johnstone, J.; Van Ness, D.
    Book Chapter
    This book chapter demonstrates that simple dichotomies contrasting pre-modern indigenous restorative justice with modern state-centred systems of justice are not necessarily helpful. Indigenous societies were, and are, complex and their processes for dealing with crime and social disorder cover a range of possible responses from the restorative to the retributive. In the chapter, it is argued that a context of hybridity is a more useful representation to consider contemporary developments, where new forms of doing justice are developed which merge the restorative in new practices. The flexibility of new justice practices may accommodate indigenous justice demands, but are not necessarily the same as indigenous practices. Yet as indicated in this chapter there is also a ‘dark’ side to a developing hybridity. Restorative justice has found itself a partner to a greater emphasis on individual responsibility, deterrence and incapacitation. Criminal justice systems that bifurcate by dividing offender populations between the minor offenders and serious repeat offenders have only a limited vision of restorative justice, and indigenous and other minorities are likely to be fast-tracked towards the hard end of the system. There are positive examples of indigenous/state processes merging in a hybrid way and which do respect indigenous claims for greater self-determination and control. In the examples of the indigenous courts and community justice groups we see the justice system reconfigured with different and more restorative values. However, it is also necessary to understand that processes like circle sentencing and indigenous courts exist within a broader state-based legal framework that still prioritise a range of considerations within sentencing. Further, we need to be clear that some indigenous laws and practices do not comply with generally recognised human rights standards. This is not an argument against restorative justice or indigenous justice. It is an argument for considering how we might deal with these conflicts.

  • (2008) Cunneen, Chris; Salter, Michael
    Conference Paper
    Conducted by the Crime and Justice Research Network and the Australian and New Zealand Critical Criminology Network

  • (2007) Cunneen, Chris
    Journal Article
    This article suggests that the processes for establishing a more coherent approach to Indigenous law and order are being put in place, however, these gains need to be defended and supported against the renewed ascendancy of a discourse of barbarism and primitivism about Indigenous people within current federal policies.

  • (2007) Cunneen, Chris; Barclay, E.; Donnermeyer, J.; Scott, J.; Hogg , R.
    Book Chapter
    This chapter considers three issues: the nature of crime and victimisation in Indigenous rural and remote communities; the responses of the Anglo-Australian criminal justice system to Indigenous crime and justice issues; and the potential for developing and strengthening Indigenous responses to crime. In brief, the rural and remote nature of Indigenous communities influences the social and spatial dynamics of crime. Further, government responses have varied depending on the nature of the Indigenous and non-Indigenous community. In many respects remote Indigenous communities have tended to have less consistent intervention by justice and welfare agencies, while ‘mixed’ rural communities where Indigenous people comprise a significant minority have tended to have a much stronger law and order presence aimed at controlling Indigenous populations. A further dynamic has been recent work in Indigenous communities aimed at developing localised governance structures to enable communities to deal more effectively with crime prevention and more effective models of sanctioning and rehabilitation (often drawing on various alternatives seen to be more appropriate for Indigenous control).

  • (2007) Luke, Garth; Cunneen, Chris
    Journal Article
    The purpose of this journal article is twofold. First, it provides a discussion of the use of recidivism as a measure of effectiveness of criminal justice interventions, and, secondly, there is discussion of an evaluation of a juvenile post-release support program. The article argues that there has been a significant growth in recidivist studies, particularly as a measure of effectiveness. However there has been less and less attention placed on the limitations of measures of recidivism, or the nature of extraneous factors that influence re-offending. We use an evaluation study we conducted of the Post Release Support Program (PRSP) for juvenile offenders in New South Wales to explore these issues further. One of the interesting points to the study was that, while the statistical results on re-offending were not conclusive, the qualitative interviews among staff and offenders were overwhelmingly positive about the program. For us this raises the question: what value do we place on recidivism in evaluating a program when qualitative outcome information appears more conclusive?

  • (2008) McKerchar, Margaret
    Journal Article
    Taxation is a fundamental part of everyday life and it comes as no surprise that it attracts great interest from policymakers, academics, business and the wider community both in Australia and overseas. However, those interested in tax research come from very diverse discipline backgrounds including law, accounting, economics, political science, psychology and philosophy. The prior learning of many tax researchers does tend to be in the study and application of the law and typically they have little training in or exposure to the detail of the theory and practice of research design. This is a limitation for both academics and for the growing body of research students that they are being called upon to supervise. There is capacity to improve the capability of tax researchers by evaluating best practice in closely related disciplines and exploring that of other disciplines that could have relevance to taxation. The paper explores the fundamental aspects of research design, including a range of philosophical paradigms and strategies of inquiries that could have application to taxation. The framing of research questions (or hypotheses) is considered, as is the need for alignment between research objectives, research questions, philosophical paradigms, strategies of inquiry and knowledge claims. The application of mixed-method designs is also considered. Pitfalls in research design to be avoided are discussed as are suggestions by which the robustness of tax research can be improved.

  • (2007) Huang, Hui
    Journal Article
    With China’s entry into the World Trade Organization (‘WTO’), the gradual opening of previously closed industry sectors to foreign investment and the continued strong growth of the Chinese economy, merger and acquisition (‘M&A’) activity has become an increasingly attractive alternative to greenfield investment to foreign investors. In the 1980s, the first wave of foreign direct investment (‘FDI’) in China mostly took the form of joint ventures, including equity joint venture enterprises (‘EJV’) and contractual joint venture enterprises (‘CJV’). A second wave followed in the 1990s in the form of wholly foreign-owned enterprises (‘WFOE’). Now a third wave – cross-border M&A – is gaining strength. Foreign investors are becoming more inclined to invest in China by merging or acquiring existing Chinese companies, particularly the leading players in the fields, because M&A transactions offer foreign investors immediate market access with minimal business risk and the acquired business can be converted to foreign-invested enterprises (‘FIE’) for favourable treatment. The increased pace of foreign M&A activity has contributed to restructuring of the foreign M&A regime in China. On 8 August 2006, six Chinese government agencies, led by the Ministry of Commerce (‘MOFCOM’) of the People’s Republic of China (‘PRC’), jointly promulgated the Provisions on the Takeover of Domestic Enterprises by Foreign Investors (‘2006 Regulation’). This Regulation became effective on 8 September 2006, replacing the previous Tentative Provisions on the Takeover of Domestic Enterprises by Foreign Investors (‘2003 Tentative Regulation’), which were in force since 12 April 2003. The 2006 Regulation, taken together with several other instruments issued either before or after its promulgation, constitutes a systematic regulatory framework governing foreign M&A activity in China. This paper considers the central features of this newly introduced 2006 Regulation and then analyses the factors responsible for its adoption. This paper also examines the possible implications it will have for foreign M&A transactions in China, which includes a discussion on the problems with the enforcement of the 2006 Regulation and a proposal for improvement.

  • (2009) Greenleaf, Graham
    Journal Article
    Many examples of innovation in relation to information goods involve works in which various parties have proprietary (copyright) interests, but also involve the public having rights to use those works in ways that involve some of the exclusive rights of the copyright owner. They involve copyright’s “public domain” in the expanded sense of all “public rights”: those aspects of copyright law and practice that are important in determining the ability of the public to use works without obtaining a licence on terms set (and changeable) by the copyright owner. The Creative Commons slogan “Some Rights Reserved” sums up rather well the way in which intellectual goods combine proprietary and non-proprietary elements. However, most examples of this broader public domain do not involve the use of Creative Commons licences. The theme of this article is what these examples have in common, how Australia’s copyright law and the institutions that support innovation have paid insufficient attention to what they have in common, and how – in Australia at least – we need to have a law reform review that will have these common elements (the copyright “public domain”) as its focus. Eight examples of where Australia’s copyright public domain is in need of reform are considered, as are some of the interconnections between them. Along the way, consideration is given to how the public domain in any particular country comprises both “global” and “national” elements, with examples of what makes Australia’s public domain distinctive.