Information rights and donor conception: lessons from adoption?

This article reviews the Australian experience in providing information rights for people separated through adoption, and considers its relevance in adjusting the competing interests of those involved in donor conception. The Australian laws, which differ from State to State, create information rights for adults who have been adopted, and also--with more qualifications--for other family members, such as birth parents and siblings. Some laws also seek to protect privacy, notably by use of the "contact veto". The author argues that the review of the Australian laws provides strong support for the rights of donor offspring, when adult, to information about their genetic origins. It also raises important questions about the rights and interests of other family members involved in donor conception, and how they might be accommodated.     

Executive orders: Symbolic politics, criminal justice policy, and the American presidency

The theory of symbolic politics is used to examine presidential executive orders related to criminal justice policy. It is hypothesized that presidents use executive orders to make more of a symbolic, rather than a substantive, statement. Data were collected from the National Archives and Records Administration on all presidential executive orders from the first Eisenhower administration (1953) through the last Clinton administration (2001). A content analysis of presidential executive orders related to crime and justice offers partial support for the claim that presidents use these executive orders primarily for evoking symbols. The author would like to thank Dr. Matthew J, Franck for his review of an earlier draft of this paper and the anonymous reviewers for sharing their helpful comments.     

Back to school for parents: implementing responsible parenting agreements and orders in Western Australia

Managing student behaviour is a primary task of principals and teachers, but it is not their responsibility alone. Parents are also responsible for their children's behaviour inside and outside school. As primary educators and caregivers parents have a duty of care and are responsible for nurturing, disciplining and socializing their children. In the wake of growing concerns about the apparent increase in antisocial behaviour inside and outside schools, the Government of Western Australia is planning to introduce the use of responsible parenting agreements and orders, modelled largely on UK policy. The aim of responsible parenting agreements and orders is to provide a statutory mechanism for directing parents to take responsibility for their children. The goal is to reduce truancy, antisocial behaviour and juvenile crime and to improve children's socialization and school performance. The Children's Court will be given power to issue orders that impose certain requirements on parents regarding the upbringing and discipline of their children. The purpose of this article is to examine the Western Australian government's policy on responsible parenting agreements and orders and their use in the school context. The article first provides an introduction to the role of parents in the area of school discipline, followed by an analysis of the State Government's discussion paper Parental responsibility orders and an overview of the proposed legislation. The discussion then focuses on the application of responsible parenting agreements and orders within the school context as a strategy for engaging parents in improving school discipline.     

Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.     

Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders' Psychological Mechanisms in the Canberra RISE Drinking-and-Driving Experiment

Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences more effectively engage the psychological mechanisms of reintegrative shaming and procedural justice. This study uses longitudinal data from the drinking-and-driving study in the Australian Reintegrative Shaming Experiments (RISE) to evaluate the long-term impact of reintegrative shaming and procedural justice on support for the law and on later recidivism as assessed through the use of police records and by self-report. Analysis first suggests that there is no direct effect of experimental condition on later recidivism. However, it further suggests that both traditional court-based prosecution and RJ conferences increase support for the law and lower the rate of future reoffending when they engage the social psychological mechanisms of reintegrative shaming and procedural justice and thereby increase the legitimacy of the law. Hence, the results argue for the potential value of procedures such as the RJ conference but indicate that those procedures will only achieve their objectives if they are effectively designed and implemented.     

The life conditions of Australian ex-prisoners: an analysis of intrapersonal, subsistence, and support conditions

Successful reintegration of ex-prisoners into the community is multifaceted. The life conditions of 36 adult Australian ex-prisoners (20 male and 16 female) were examined via a questionnaire administered at 1 to 4 weeks post release, and a subset of 19 of the original respondents were interviewed again at 3 to 4 months post release. Interviews focused on intrapersonal conditions (physical and psychological health and substance use), subsistence conditions (housing, employment, and finance), and support conditions (social support, support services/program participation, and criminal justice support). The majority of ex-prisoners self-reported chronic physical and mental health problems as well as a history of substance use and/or current substance use. Although the housing conditions of ex-prisoners were largely favourable and constant, the employment and financial conditions of this group were generally unfavourable. Level of social support was variable. Theoretical implications and practical applications of the present investigation for reintegration theory are discussed.     

The utility of extended outpatient civil commitment

OBJECTIVE: This study considers three hypotheses regarding the impact of extended involuntary outpatient commitment orders on services utilization. METHOD: Service utilization of Victorian Psychiatric Case Register (VPCR) patients with extended (> or =180 day) outpatient commitment orders was compared to that of a diagnostically-matched treatment compliant group with similarly extended (> or =180 day) periods of outpatient care (N=1182)--the former receiving care during their extended episode on an involuntary basis while the latter participated in care voluntarily. Pre/post first extended episode mental health service utilization was compared via paired t tests with individuals as their own controls. Logistic and OLS regression as well as repeated measures ANOVA via the GLM SPSS program and post hoc t tests were used to evaluate between group and across time differences. RESULTS: Extended episodes of care for both groups were associated with subsequent reduced use of hospitalization and increases in community treatment days. Extended orders did not promote voluntary participation in the period following their termination. Community treatment days during the extended episode for those on orders were raised to the level experienced by the treatment compliant comparison group during their extended episode and maintained at that level via subsequent renewal of orders throughout the patients' careers. Approximately six community treatment days were required for those on orders to achieve a one-day reduction in hospital utilization following the extended episode. CONCLUSION: Outpatient commitment for those on extended orders in the Victorian context enabled a level of community-based treatment provision unexpected in the absence of this delivery system and provided an alternative to hospitalization.     

Codes of professional conduct for Australian Defence Force military physicians: evenomating the serpent?

The scandal of health professionals' involvement in recent human rights abuses in United States military detention centres has prompted concern that Australian military physicians should be well protected against similar pressures to participate in harsh interrogations. A framework of military health ethics has been proposed. Would a code of professional conduct be a partial solution? This article examines the utility of professional codes: can they transform unethical behaviour or are they only of value to those who already behave ethically? How should such codes be designed, what support mechanisms should be in place and how should complaints be managed? A key recommendation is that codes of professional conduct should be accompanied by publicly transparent procedures for the investigation of serious infractions and appropriate disciplinary action when proven. The training of military physicians should also aim to develop a sound understanding of both humanitarian and human rights law. At present, both civil and military education of physicians generally lacks any component of human rights law. The Australian Defence Force (ADF) seems well placed to add codes of professional conduct to its existing ethical framework because of strong support at the highest executive levels.     

Victim Protection Orders and the Stake in Conformity Thesis

Victim Protection Orders have gained wide use by local courts as one method to protect victims of domestic violence. This study of protection orders involves interviews with individuals who obtained such orders in Arizona. The research questions specifically addressed those variables known as the stake in conformity variables in the six attempted replications of the Sherman–Berk Minneapolis Police Study, to examine their potential relevance for the effectiveness of victim protection orders. The findings of this study are analyzed in terms of other research about the effectiveness of victim protection orders.     

Acceptance and Support of the Australian Carbon Policy

In July 2012, the Australian government instituted the Clean Energy Legislative Package. This policy, commonly known as the carbon policy or carbon tax, holds industries responsible for emissions they release through a carbon price. Because this will have an indirect effect on consumer costs, the policy also includes a compensation package for households indirectly impacted. This study, building upon past work in distributive justice, examines the determinants of the policy’s acceptance and support. We proposed perceived fairness and effectiveness of the policy, and endorsement of free-market ideology, would directly predict policy acceptance. We tested this through an on-line survey of Australian citizens and found that policy acceptance was predicted by perceived fairness and effectiveness. More Australians found the policy acceptable (43 %) than unacceptable (36 %), and many found it neither acceptable nor unacceptable (21 %). In contrast, when asked about support, more Australians tended not to support the policy (53 %) than support it (47 %). Support was predicted by main effects for perceived fairness, effectiveness, free-market ideology, and the interaction between free-market ideology and effectiveness. We conclude by considering some of the implications of our results for the implementation of policies addressing climate change mitigation and adaptation, for theories of social justice and attitudinal ambivalence, and for the continuing integration of research between economics and psychology. Furthermore, we argue for the distinction between policy support and acceptance and discourage the interchangeable use of these terms.     

Medical Samaritans: is there a duty to treat?

This article argues that doctors and other health care professionals should be obliged to provide emergency treatment to those in immediate and nearby need regardless of the absence of any prior professional relationship between the parties. It concludes that the common law should accordingly recognize a specific duty of 'medical rescue'. It examines some of the conventional objections to affirmative duties, finding them unconvincing in this particular context. It draws on two recent appellate decisions, one Australian and the other English, for support, as well as on more general arguments concerning moral sentiment, professional ethics, public expectation, and respect for human rights.     

Psychological profiling of sexual murders: an empirical model

Psychological profiling represents the investigative technique of analyzing crime behaviors for the identification of probable offender characteristics. Profiling has progressively been incorporated into police procedures despite a surprising lack of empirical research to support its validity. Indeed, in the study of sexual murder for the purpose of profiling, very few quantitative, academically reviewed studies exist. This article reports on the results of a 4-year study into Australian sexual murders for the development of psychological profiling. The study involved 85 cases of sexual murder sampled from all Australian police jurisdictions. The statistical procedure of multidimensional scaling was employed. This analysis produced a five-cluster model of sexual murder behavior. First, a central cluster of behaviors was identified that represents common behaviors to all patterns of sexual murder. Next, four distinct outlying patterns--predator, fury, perversion, and rape--were identified that each demonstrated distinct offense styles. Further analysis of these patterns also identified distinct offender characteristics that allow for the use of empirically robust offender profiles in future sexual murder investigations.     

Australia's National Broadband Network – A cybersecure critical infrastructure?

In 2009 the Australian National Broadband Network (NBN) began to be rolled out across Australia. The Australian NBN is the largest infrastructure project in Australia's history since the Snowy Mountains Hydro-Electric Scheme from 1949 to 1972 and it has a projected cost of between AU$37 billion and AU$43 billion. Its purposes are to provide high speed broadband connectivity to 93% of Australia's homes and businesses, to enhance productivity, to improve the delivery of education, tele-medicine and regional connectivity and to form the basis of the Australian telecommunications network for the 21st Century. However, the project does not have bi-partisan support and has been affected by high-level management changes and anticipated cost over-runs.     

Leadership and hierarchies in criminal groups: Scaling degrees of leader behaviour in group robbery

Purpose . The purpose of this paper was, firstly, to replicate Porter and Alison's (2001) leadership behaviour scale and, secondly, to extend this research through the use of a new sample of group robbery offenders. This will provide further support for the use of such a scale to identify potential criminal leaders and also offer insight into the dynamics and hierarchical structures among group robbery offenders. Methods . One hundred and five cases of group robbery, yielding 290 offender behaviour profiles, were coded according to each offender's level of involvement at each chronological offence stage in terms of decisions, actions and orders. A multidimensional scaling procedure examined the combinations of these, and produced a partially ordered scale of leadership behaviour with the defining aspects being initial decision making and involvement in the offence outcome. Results . The scale identified potential leaders in 103 of the 105 robbery groups, where these leaders scored higher than non‐leaders on the leadership behaviour scale. Two‐thirds of groups comprised a dichotomous leader/follower distinction, whilst the remaining third comprised more dispersed, linear and lieutenant hierarchies. Conclusions . These results further support the leader behaviour scale originally proposed by Porter and Alison (2001) . The results also offer insight into the processes by which robberies evolve; namely, through a series of decisions of one individual who then either participates first or gives orders to his fellow group members to participate, although the former seems far more frequent.     

Tissue donation: ethical guidance and legal enforceability

The legal and ethical framework regulating the use of tissue donated for medical research in Australia provides clear direction on the appropriate use of donated tissue in many instances. However, this article argues that the current framework may be inadequate to address some of the problems that may arise from misuse of such tissue. It argues that the Human Tissue Acts do not provide a sufficiently broad system of regulation and require updating. It also notes that as much of Australian research practice is regulated through ethics guidelines, which do not have the status of law, in some cases this approach may fail to provide remedies for those whose tissue is used inappropriately.     

Social Capital, Rehabilitation, Tradition: Support for Restorative Justice in Japan and Australia

This paper investigates the attitudes and beliefs that the public hold about criminal behaviour in Japanese and Australian society, with a view to uncovering sources of resistance to, and support for, restorative justice. The study draws on a survey of 1,544 respondents from Japan and 1,967 respondents from Australia. In both societies, restorative justice met with greater acceptance among those who were (1) strong in social capital, (2) believed in offender reintegration and rehabilitation, (3) saw benefits for victims in forgiveness, and (4) were advocates for victims?? voices being heard and amends made. The alternative ??just deserts?? and deterrence models for dealing with crime were grounded in attitudes of punitiveness and fear of moral decay, and reservations about the value of reintegrating and rehabilitating offenders. Like restorative justice supporters, ??just deserts?? and deterrence supporters expressed concern that victims?? voices be heard and amends made. Winning public support for competing institutional arrangements may depend on who does best in meeting expectations for meeting the needs of victims.     

Public Lawyers and Private Clients: An Empirical Observation on the Relative Success Rates of Cause Lawyers

Cause lawyering is often criticized for creating an untenable tension between the professional obligations of the lawyer to the individual client and the lawyer's ideological commitment to public causes. I sought to test empirically the validity of this argument by comparing the relative success rates of political lawyers and non‐political lawyers in defending their clients' interests in litigation concerning house‐demolition orders before the Israeli High Court of Justice. I found that the general success rates of political lawyers in the research population were significantly higher than those of non‐political lawyers. These findings can serve as an additional support for the various arguments in favor of cause lawyering.     

Assessment of public attitudes towards sex offenders in an Australian population

Public attitudes towards sex offenders are believed to play a key role in the development of legislation and public policy designed to manage the risks posed by known sex offenders who live in the community. There have, however, been few previous attempts to validate methods by which public attitudes can be measured. The current study aims to address this issue by establishing the factor structure of the Community Attitudes Towards Sex Offenders (CATSO) scale with an Australian community sample and examine the extent to which demographic variables and support for sex offender management policies influence these attitudes. A sample of 552 participants recruited through online social media sites completed the CATSO as well as a number of items developed by the researchers designed to assess individuals' support for specific sex offender policies. Results of an exploratory factor analysis suggested the presence of four distinct factors which were labelled ‘social tendencies’, ‘treatment and punishment’, ‘crime characteristics’ and ‘sexual behaviour’. Individuals with higher levels of educational attainment rated sex offenders less negatively than those with lower educational attainment, while those who reported being supportive of community notification reported more negative attitudes towards sex offenders.     

Retribution or restoration? Anglo–Australian's views towards domestic violence involving Muslim and Anglo–Australian victims and offenders

Abstract

The current study explored how gender, group membership and different emotional reactions to the crime of domestic violence predict attitudes and endorsement of restorative or retributive justice practices. The experiment consisted of a 2 (victim group membership: Muslim- or Anglo–Australian)×2 (offender group membership: Muslim- or Anglo–Australian)×2 (Sex of participant) between-participants factorial design. Anglo–Australian participants (43 men; 50 women) were randomly assigned to one of the four manipulated conditions, and completed an online questionnaire that involved viewing a short video clip of a woman describing her experience as a domestic violence victim. Results revealed strong preferences for restorative justice in dealing with domestic violence, with women supporting this practice more than men. The crime was perceived as most severe and retribution was endorsed most strongly when the victim was Anglo–Australian (i.e. an in-group member). Intra-group violence was also perceived to be a greater breach of shared Australian values than inter-group (i.e. cross-cultural) domestic violence. Emotional reactions further predicted participants' responses, with hatred predicting stronger support of retributive ideals and sympathy for the victim predicting greater endorsement of restoration.     

CHILD SUPPORT IN THE UNITED STATES

This article reports on the results of a telephone survey conducted with a random sample of households screened for eligibility to receive child support in the state of Colorado. Despite the recent enactment of ambitious child legislation at the state and federal levels, the accounts of 731 custodial parents reveal a massive level of unmet need, with child support problems being most extreme for those never married to the chilďs other parent. These mothers typically lack an order establishing a legal obligation to pay child support and have incomes that fall below the poverty level. Overall, women of Colorado with child support orders received only about half of the support they were due, and 73 per cent of all women due support reported that they had experienced problems in collecting support either currently or in the past. The average amount of back due child support owed to the 60 per cent of women in the sample who reported an arrearage was $12,000. Analysis revealed that payment behaviour tracked with the length of time since separation with payment patterns worsening over time and irregular visitation and/or the presence of problems around child access. Female obligors exhibited the same payment patterns as their male counterparts but were more apt to maintain visitation. The article documents the dramatic, negative economic consequences of irregular or missing child support payments for custodial parents, and discusses the additional legal and financial commitments needed to improve the situation. The efficacy of private child support transfers to achieve an adequate standard of living for all children is called into question.