Tasmania and the Secret Ballot

Encyclopaedias and handbooks, etc, all present Tasmania's starting date for implementing the secret ballot as 1858. But this research note argues the correct date was two years earlier in 1856. Moreover, before this, Tasmania's early 1830s participation in the Australia–wide proballot campaign, and its Constitutional inclinations towards the ballot have also been overlooked. To correct this omission relevant background is presented which highlights the riotous behaviour of pre–ballot elections. This is followed by a summary concerning the ballot's starting dates for Victoria and South Australia. Having confirmed these basic facts, further evidence is presented regarding Tasmania's true application of the secret ballot, including citations from a rare copy of the state's 1856 Electoral Act. In short, this "rediscovery" means that Tasmania definitely deserves a new place in the history of Australia's famous democratic innovation.     

Christianity and punitive mentalities: A qualitative study

According to David Garland (1990) scholars should be concerned about the cultural foundations of punishment in modern western society, such as religion. To this end, Garland conceptualizes punitive mentalities and sensibilities that provide the cultural support for structural systems ofpunishment. Punitive mentalities are ways of thinking about punishment, whereas punitive sensibilities are ways of feeling about punishment. Garlandsuggests that religious traditions are an important source of punitive mentalities and sensibilities. This research is an empirical analysis ofpunitive mentalities and their cultural roots, using qualitative research.Research questions focus on the following: Are there distinctively punitivementalities? How do punitive mentalities influence the desire for officialpunishment? Data from a previous study (Cook, 1998a) are analyzed here to explore terrains of punitive mentalities within the contexts of Christianity.Findings identify four distinct categories: anti-punitive, non-punitive,retributive and vengeful mentalities where Christian (non)belief systemsare important cornerstones. Respondents in each group have specific desires regarding the state's use of punishments, especially the ``death penalty''.     

Justice for All: Putting Victims at the Heart of Criminal Justice?

This article considers the claim in the government's White Paper, Justice for All , to put victims and witnesses at the heart of the criminal justice system and argues that there is an unresolved tension within the paper between instrumentalist crime control concerns and intrinsic concerns for the rights of victims and witnesses. It is argued that many of the proposals now contained in the latest Criminal Justice Bill are so preoccupied with rebalancing the system away from offenders that they risk doing injustice to defendants with little tangible benefit to victims and witnesses in terms of rights and remedies.     

R before D: the case of post conflict reintegration in Tajikistan1

Reintegration was prioritised over demobilisation and disarmament in Tajikistan's peace process. Inadequate disarmament rates were disregarded, but integration of opposition fighters into military and law enforcement units was relatively swift. This created high levels of trust among the former fighters and commanders. The quick provision of incentives, such as comprehensive amnesties and the offer of government positions and economic assets created stakes in the peace process for a number of actors. Transitional justice was largely overlooked. In this way, the case of Tajikistan runs counter to key elements of what has been termed the ‘post-conflict reconstruction orthodoxy’. At the same time, Tajikistan is a rare example of the emergence of post-war stability. This article provides a detailed account of the DDR process and outlines the incentives that it created for the warring parties. It also assesses the emergence of spoilers and the government's counter strategies. The article concludes by highlighting the consolidation of President Rakhmonov's power since 2001, but also raises some questions regarding the viability of Tajikistan's long-term political and economic development.