Risky Reports: Crime Risk Assessments and Spatial Governance

The identification, assessment, and minimization of crime risk has permeated practices that extend well beyond traditional criminal justice responses. This article analyses crime risk assessment reports and the guidelines and processes through which they are produced for large-scale commercial and residential developments and redevelopments, taking New South Wales Australia as a case study. The article suggests that although the crime risk assessment guidelines and reports deploy a language of risk, there is a messiness and inconsistency to the crime risk assessment process that raises significant questions its normative utility. The article concludes that the language and promise of risk minimisation can silence or ‘black box’ what appear to be coherent regulatory process making them little more than symbolic gestures.     

The Impact of Field Court Attendance Notices on Property Crime in New South Wales,Australia

Objectives

This paper investigates the impact of Field Court Attendance Notices (FCANs) on rates of property crime in New South Wales (NSW), Australia. FCANs are used for relatively minor offenses, are issued ‘on the spot’, and provide an alternative to the time consuming process of arresting an alleged offender and taking them to the police station for processing. Despite their use in NSW for over 20 years, this study is the first to evaluate their impact on crime.

Methods

We use data provided by the NSW Bureau of Crime Statistics and Research, and the Australian Bureau of Statistics. We specify a general dynamic panel data model estimated via the Arellano and Bond (Rev Econ Stud 58:277–297, 1991) estimator, specifically the first-differenced twostep generalised method of moments (GMM) estimator.

Results

For property crime as a whole, in both the short- and long-run, we find no significant relationship between the use of FCANS and levels of offending. However, when offending rates are disaggregated into 11 sub-categories, we find that in the short-run an increase in the use of FCANs leads to statistically significant decreases in the rate of crime for five of the sub-categories offenses considered (break and enter dwelling; motor vehicle theft; steal from motor vehicle; steal from retail store and; steal from dwelling). The long-run results are largely consistent with the short-run results in terms of their signs and statistical significance, suggesting that the effects persist.

Conclusions

The empirical analysis presented in this paper suggests that the use of FCANs is an effective and potentially efficient policing strategy for a subset of property offenses, in that offenders can be processed at lower cost and long-run rates of certain crimes reduced.

     

Damages in medical litigation in New South Wales

In the period 2001 to 2003, the New South Wales legislature enacted four Acts that impinge on the assessment of damages in litigation against health professionals. They are the Health Care Liability Act 2001 (NSW), the Civil Liability Act 2002 (NSW) (as originally enacted), the Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW) and the Civil Liability Amendment Act 2003 (NSW). This article considers the principles on which damages are assessed in medical litigation and how those principles have been affected by these four enactments. It points out that each piece of legislation was retrospective in applying to events that occurred both before and after its commencement. However, proceedings already issued before a particular date were excluded in each case from the retrospective operation of the legislation. The article provides details of the relevant dates of operation of each of the statutes.     

Water rights and correlative duties in New South Wales

This article discovers how the development of water rights in New South Wales might have been changed. This is important because, one publicly listed company has amassed ownership of water rights, while using no water and owning no land. Some rivers have ceased flowing after the building of privately owned dams. The article identifies five signifant judicial changes to the law, decoupling water rights from correlative duties. Its research paradigm is meta-legal historiography, because it occurs as historical significations, so that the research methodology is legal narrative analysis. Discussion favors a review of industrial priorities in water rights.     

Motor accidents and blood samples in New South Wales

In the 12 months to June 2007, more than 26,000 people were injured in motor accidents on New South Wales roads. More than 400 people were killed. Alcohol was an important factor in a significant number of these accidents. The Road Transport (Safety and Traffic Management) Act 1999 (NSW) contains provisions for the mandatory taking of blood samples from drivers who have caused death while driving and who are suspected of having driven under the influence of drugs or alcohol. This article considers the law regarding the requirement of hospital staff to collect blood samples from drivers involved in motor vehicle accidents in New South Wales.     

Free Vote Patterns in the New South Wales State Parliament

This research note examines patterns of MPs’ voting behaviour during ‘conscience’ or ‘free’ votes on three ‘morality politics’ issues in the lower house of the New South Wales state parliament in Australia: adoption rights for gay couples; scientists’ use of therapeutic cloning; and the status of the Sydney Medically Supervised Injection Centre. First, the research note reviews the literature on conscience voting and hypothesises that party will be the main predictor of voting patterns, but also establishes that previous studies have almost exclusively focused on national legislatures. Next the research note discusses methodological issues. Third, it presents the analysis of free vote patterns in the New South Wales parliament on the three ‘morality politics’ issues, along four key variables: party; sex; social ideology; and religion. The analysis of voting in the New South Wales parliament challenges existing explanations of free voting, where party is the key predictor of voting patterns. Intra-party unity figures show that party membership is a weaker predictor of voting behaviour in the two main political parties in New South Wales than in either the Australian parliament or in overseas parliaments. It is argued that at the subnational level other factors are more important in explanations of free vote patterns.     

The prominence of fraud in New South Wales metropolitan media reporting

This study analyses the coverage of six major crime types in two of Australia’s largest newspapers. The study aims to test the prevailing viewpoint that fraud and financial crimes are proportionally underreported in the media. The study considers the cost of fraud and financial crime to society, the choices the media makes when reporting on fraud and financial crime, and the impact of media reporting on public policy and law enforcement. The study challenges prevailing views on the extent of media coverage of fraud, finding that there is significant coverage of fraud in the sampled Australian newspapers.     

Colonial origins of land acquisition law in New South Wales and Queensland

F.W. Maitland. G.R. Elton. London. 1985. Weidenfeld and Nicolson. vii &; 118 pp. (incl. Index). £12.95.

Victorian Prison Lives: English Prison Biography (1830–1914). Philip Priest‐ley. London and New York. 1985. Methuen. xiii &; 311 pp. (incl. index). £25.00.

Christopher St German on Chancery and Statute. J.A. Guy. London. 1985. Selden Society Supplementary series vol. 6. x &; 149 pp. (incl. index). £15.

Imprisonment in England and Wales: A Concise History, Christopher Harding, Bill Hines, Richard Ireland and Philip Rawlings, Beck‐enham. Croom Helm. 1985. xiii &; 308 pp. £25.00.

The Evolution of Law. Alan Watson. Oxford. 1985. Basil Blackwell. xi &; 156 pp. (incl. index). £17.50.

Unequal Access: Women Lawyers in a Changing America. Ronald Chester. Massachusetts. 1985. Bergin &; Garvey Publishers, Inc. viii &; 135 pp.(incl. index). £24.95.

Unequal Laws unto a Savage Race: European Legal Traditions in Arkansas, 1686–1836. Morris S. Arnold. Fayetteville. 1985. University of Arkansas Press, xviii &; 234 pp.

Returns of Strangers in the Metropolis 1593, 1627, 1635, 1639: A Study of an Active Minority. Ed. Irene Scouloudi. London. 1985. The Huguenot Society.

’Without the Law’: Administrative Justice and Legal Pluralism in Nineteenth Century England. H.W. Arthurs. Toronto. 1985. University of Toronto Press, xvi + 312 pp. (incl. index). £20.00.     

Regulating for Fair Dealing in Work Contracts: A New South Wales Approach

From 1959 till 2006, all workers in New South Wales had recourseto review of contracts ‘and arrangements’ underwhich work is performed on the grounds of ‘unfairness’.This jurisdiction—initially instigated to capture schemesand subterfuges by which employers escaped industrial awardsby contracting out to dependent contractors—has been expandedover the years to allow review of all sorts of arrangementsunder which work is performed. This article will review thatjurisdiction to demonstrate the potential of statutory unfaircontracts review to meet some of the challenges that changesin labour market structures have presented for the protectiveagenda of labour law.     

Crime and Sex in South Australia

Policing Images: Policing, Communication, and Legitimacy. Rob C. Mawby. Portland, OR: Willan Publishing, 2002. ISBN 1–903240 71–9. Hardback US $55.00. 214 pages.

Armed Robbery. Roger Mathews. Portland, OR: Willan Publishing, 2002. ISBN 1–903240–61–1. 162 pages.     

Work release and periodic detention in New South Wales: The custodial model and role experimentation

The custodial model is singled out from among the possible alternative models for work-release programs. Although custody-oriented staff typically are conservative and oppose change, work release programs press them into unfamiliar relationships with residents and with members of the free community. Without formal guidance, personnel engage in role experimentation that holds potential as a prelude to significant penal reform. Implications are suggested through analysis of periodic detention and work release as different schemes followed in New South Wales.     

The New Model Wales

The United Kingdom is currently undergoing a rapid process of fundamental constitutional change. One of the chief developments is a redistribution of law-making and governmental powers to different territories of the Union. It is a programme of devolution, as befits an unwritten constitution characterized by the doctrine of parliamentary sovereignty, and not federalism. The case of Wales, historically closely integrated with England,1 presents here its own challenges. The aim of this article is to examine the process of change for Wales, to explicate and critically assess the Welsh scheme of devolution, and to consider possible future development in a broad legal and constitutional setting.     

The decline in sexual assaults in men's prisons in New South Wales: a "systems" approach

Male prison rape and sexual assaults remains a serious and sensitive issue in many countries. Human rights groups claim that sexual assaults among male prisoners have reached pandemic proportions and need to be stopped. Researchers for many years have studied the causes of male sexual assault in prison and offered numerous recommendations on its prevention. Few, however, have presented evidence for a decline in male prisoner sexual assaults and investigated the reasons for the decline. This article provides evidence from population-based surveys of a steady decrease in male prisoner sexual assaults in New South Wales (NSW) between 1996 and 2009. The authors conducted in-depth interviews with former and current inmates, and using a "systems" approach they discuss the complexity of sexual assaults in prison, incorporating a multiplicity of perspectives. In particular, they bring together different sources of data and discuss this in relation to changes in power structures and control in a modern prison, the attitudes of older and younger prisoners, the concept of "duty of care," introduction of prison drug programs, and prisoner attitudes toward gender and sexuality. In anthropology, the term "system" is used widely for describing sociocultural phenomena of a given society in a holistic manner without reducing the complexity of a given community.     

Toxicology and characteristics of fatal oxycodone toxicity cases in New South Wales, Australia 1999-2008

All cases of fatal oxycodone toxicity presenting to the New South Wales Department of Forensic Medicine over the period January 1, 1999, to December 31, 2008, were retrieved. A total of 70 cases were identified. The mean age was 48.9 years, 58.6% were men, 21.4% were suicides, and in 30% oxycodone had not been prescribed to the decedent. Injecting drug users constituted 27.1% of cases, and oxycodone tablets were injected immediately prior to death by 21.4%. The mean blood oxycodone concentration was 0.40 mg/L (range 0.06-53.00 mg/L). In all cases, psychoactive substances other than oxycodone were also detected, most frequently hypnosedatives (68.6%), other opioids (54.3%), antidepressants (41.4%), and alcohol (32.9%). Preexisting systemic disease was common: cardiovascular (64.2%), pulmonary (49.3%), hepatic (66.7%), and renal (43.9%).