Law & Justice

Publication Search Results

Now showing 1 - 10 of 34
  • (2007) Cunneen, Chris; Poynting, S.; Morgan, G.
    Book Chapter
    This chapter explores how the economics of news production, and the news values of the media, align with the interests of politicians in representing riots in Indigenous communities as the product of irrationality, lawlessness, or passive victimhood. This chapter also documents the failure of politicans and journalists to acknowledge the role that Indigenous community anger at deaths in custody, and perceived injustices by the police, have played in these riots and demonstrations.

  • (2007) Cunneen, Chris; Parmentier, S.; Weitekamp, E. G. M.
    Book Chapter
    The bulk of criminological research in relation to Indigenous people has been narrowly confined to "Indigenous crime" and traditionally sees state criminal justice responses as the more or less technical application of laws, policies and procedures to control crime. Most government-employed "administrative" criminologists steer as far away as possible from the issue of human rights. This chapter argues that bringing a human rights perspective to criminology and Indigenous people is an important task. It opens up a new level of research, analysis and theory building, and can directly contribute to identifying and remedying human rights abuses.

  • (2008) Cunneen, Chris; Anthony, T.; Cunneen, C.
    Book Chapter
    This chapter outlines some of the key issues that have emerged in critiques of restorative justice. Finding answers to these criticisms is an important part of developing restorative justice practice and theory in a way that is sensitive to issues of social justice and political transformation. It is important to recognise that many progressive political activists see restorative justice as a preferable policy alternative to more punitive criminal justice approaches. The question is whether restorative justice can actually live up to their expectations.

  • (2007) Chan, Janet; Dixon, David
    Journal Article
    In 1997, the Wood Royal Commission into the New South Wales Police Service concluded that a state of `systemic and entrenched corruption' existed in the police organization. Major reforms were introduced in the wake of the Commission, including the appointment of a new Police Commissioner, organizational restructuring, a complete revamp of recruit education, as well as increased monitoring and accountability. The magnitude and scope of the Commission's reform programme was bold and ambitious by international standards. This article takes stock of the impact of the Commission 10 years after the publication of its Final Report. Drawing on interviews with key informants, official reports and other documentary sources, the article analyses the activities of the Commission, the intentions of its recommendations and the implementation and consequences of reform. The lessons of the NSW experience are salutary not only for understanding the vagaries of police reform, they also demonstrate the complex relationship between police organizations and the volatile political environments in which they increasingly need to operate.

  • (2009) Cunneen, Chris; Libesman, Terri; Behrendt, Larissa
    Book
    Indigenous Legal Relations in Australia introduces the major issues facing Aboriginal and Torres Straight Islander people in their contact with Anglo-Australian law and legal institutions. Written by a strong and experienced team of Indigenous and non-Indigenous authors, the text covers topics relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.

  • (2008) Cunneen, Chris; Nakata, M.; Howells, K.
    Book Chapter
    This paper argues that the current direction of the criminal justice system is crimogenic to the extent that it compounds Indigenous anger. The paper explores how the criminal justice system may be part of the problem rather then the solution to Indigenous anger, and consequently Indigenous crime.

  • (2008) Cunneen, Chris
    Conference Paper
    The paper explores the uneasy tension between the sometimes competing sometimes complementary demands of Indigenous justice and restorative justice. The paper draws on some recent work on the problems Indigenous women face when attempting to utilise mainstream protections against domestic violence.

  • (2008) Cunneen, Chris
    Conference Paper
    The paper is based on research into the use of Domestic Violence Protection Orders by Indigenous women in Queensland, and their effectiveness as a response to family violence particularly in rural and remote areas. The paper draws on a number of case studies which highlight the problems in accessing legal support and protection. The paper also noted the problems associated with developing an evidence base because of the limitations of relevant government information on the use of domestic and family violence orders.

  • (2008) Anthony, Thalia; Cunneen, Chris
    Book
    This Companion presents the major debates and issues in Critical Criminology. It presents new research on crime, policy and the internationalisation of the criminal justice system. It sheds light on traditional debates in critical criminology through a confronting analysis of contemporary developments in criminal justice and criminology. This is the first textbook that brings together the major Australian and New Zealand theorists in Critical Criminology. The chapters represent the contribution of these authors in both their established work and their recent scholarship. It includes new approaches to theory, methodology, case studies and contemporary issues. It traverses a range of debates including the criminalisation of Indigenous people, ethnic communities, the working class, rural communities and young people from critical perspectives, as well as introducing new concepts of state crime. There is coverage of the developments in the penal system that have responded to globalisation and neo-liberalism, particularly in law and order and anti-terror campaigns. This coverage is counterpoised by portrayals of resistance within the penal system and considerations of restorative justice. The Critical Criminology Companion is relevant to a broad range of courses and levels of study. It covers the major components of a Criminology course through a critical lens. It is a wonderful introduction to the concepts and critiques in criminology, as well as a provocative analysis of the assumptions underpinning the criminal justice system. Students, teachers and scholars in criminology, law and sociology will find this Companion invaluable.

  • (2008) Cunneen, Chris
    Journal Article
    Aboriginal and Torres Strait Islander Legal Services (ATSILS) play a crucial role in the representation of Indigenous defendants. Given the fraught relationship of Aboriginal people with the criminal justice system and the legal systme in general, and the ever-deepening criss of over-representation, adequate resourcing of these services is an extremely important administration of justice issue. This article looks at the nature of the demands and extent of the workload of ATSILS, especially in comparison to Legal Aid Commissions. It argues that the static funding environment that ATSILS operate in results in compromised capacity to provide adequate services to the sector of the population that arguably needs the best possible legal services.