Crime, Victims and Policy: International Contexts, Local Experiences PDF
Preview Crime, Victims and Policy: International Contexts, Local Experiences
Crime, Victims and Policy Palgrave Studies in Victims and Victimology Series editors: Matthew Hall School of Law, University of Lincoln, UK Pamela Davies Department of Social Sciences and Languages, Northumbria University, UK Titles include: Dean Wilson and Stuart Ross (editors) CRIME, VICTIMS AND POLICY International Contexts, Local Experiences Palgrave Studies in Victims and Victimology Series Standing Order ISBN 978–1–137–55702–5 hardback (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England Crime, Victims and Policy International Contexts, Local Experiences Edited by Dean Wilson University of Sussex, UK and Stuart Ross University of Melbourne, Australia Introduction, selection and editorial matter © Dean Wilson and Stuart Ross 2015 Individual chapters © Respective authors 2015 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2015 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-67794-8 ISBN 978-1-137-38393-8 (eBook) DOI 10.1007/978-1-137-38393-8 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. Contents Acknowledgements vii Notes on Contributors ix Introduction Victims Research, Theory and Policy: The Role of Local Contexts 1 Stuart Ross and Dean Wilson 1 Decolonising Indigenous Victimisation 10 Chris Cunneen and Simone Rowe 2 Environmental Victimology and Ecological Justice 33 Rob White 3 Victimisation, Citizenship and Gender: Interrogating State Responses 53 Marie Segrave and Rebecca Powell 4 Justice for Rape Victims? The Spirit May Sound Willing, but the Flesh Remains Weak 84 Jan Jordan 5 Competing Conceptions of Victims of Domestic Violence within Legal Processes 107 Julie Stubbs and Jane Wangmann 6 Care Bears and Crime-Fighters: Police Operational Styles and Victims of Crime 133 Dean Wilson and Marie Segrave 7 Victim Impact Statements, Sentencing and Contemporary Standards of Fairness in the Courtroom 161 Tracey Booth 8 Satisfied? Exploring Victims’ Justice Judgments 1 84 Robyn Holder 9 Victims in the Australian Criminal Justice System: Principles, Policy and (Distr)action 214 Stuart Ross v vi Contents 10 T he Evolution of Victims’ Rights and Services in Australia 240 M ichael O’Connell Index 279 Acknowledgements The idea behind this volume had its gestation in 2009 at a victimology conference held at the University of South Australia in Adelaide. In conversation, it was quickly apparent to us that there was a wealth of innovation, theoretical and practical, evident in Australasia. Aware of the international context, we were also cognizant that while there were many similarities and continuities, local contexts were something that really mattered. They mattered in a way that made our own research, and that of many other scholars and practitioners we knew, more than simply case studies of international trends. There were examples of prac- tice and theory that could not only contribute to international debates but also open up new vistas of theory and practice. It was from these initial thoughts that this collection emerged, and we have subsequently been extremely privileged to work with an exemplary group of authors who have all contributed in the creation of a book that extends those early conversations in exciting and informed directions. It almost goes without saying – but it nevertheless needs to be said – that we wish to sincerely thank all of the authors who have contributed to this volume. The high standard of writing, research and scholarship; the respon- siveness to deadlines and emails; and their willingness to incorporate suggestions has made the task of editing this collection a very rewarding one for us both. We must also thank the generous support of the Australia Research Council because it was through involvement in funded research projects that interrogated questions of victims’ experiences that we arrived at the concept of this collection. Both projects, one touching upon policing and victims of crime (ARC LP0775304) and another investigating victims’ perceptions of the criminal justice process (ARC DP0665417) are represented in the chapters in this volume. We would also like to acknowledge the great debt that we both owe to the late Adam Sutton, an inspirational scholar, colleague and friend, who was involved with some of this research in its early stages. Much of Adam’s thinking continued to influence the direction of our research and the collection as we progressed with the project. We are also exceptionally grateful for the support of commissioning editor Julia Willan and to editorial assistants Harriet Barker and Dominic Walker at Palgrave Macmillan. They have been helpful, endlessly patient, vii viii Acknowledgements and also ‘firm but fair’ when it was called for to keep things moving along in the production process. Their professionalism and dedication to publishing the products of our research has been greatly valued. Lastly, we must express our deepest thanks to our respective families: Sophie Coutand-Marin and Fiona Ellis. Thanks are due not only for the comforts and support of home but also for providing that invaluable perspective and reminder that there are other aspects of life that are important beyond the academic world. Notes on Contributors Tracey B ooth is an associate professor in the Faculty of Law at the University of Technology, Sydney. She has researched and published widely in the areas of bail, victim participation in criminal justice proc- esses and the restorative capacities of victim impact statements. Tracey recently completed a qualitative study investigating victim participa- tion, particularly via oral victim impact statements, in the sentencing of homicide offenders, drawing on data from interviews with crime victims and observation of sentencing hearings in the New South Wales Supreme Court. Her current research explores the reconceptualisation of the contemporary sentencing hearing as a forum that both preserves the offender’s entitlements to a fair hearing and promotes a restorative approach to dealing with the consequences of crime. Chris Cunneen is Professor of Criminology at the University of New South Wales, Sydney, Australia. He has a conjoint appointment with the Cairns Institute, James Cook University. He has published widely in the areas of juvenile justice, policing, criminal justice policy, restorative justice and Indigenous legal issues. Recent books include Penal Culture and Hyperincarceration (2013, co-authored with E. Baldry, D. Brown, M. Brown, M. Schwartz and A. Steel), J uvenile Justice, Youth and Crime in Australia (2011, co-authored with Rob White) and Debating Restorative Justice (2010, co-authored with Carolyn Hoyle). Robyn H older is a research fellow at the Key Centre for Ethics, Law, Justice and Governance at Griffith University, in Brisbane, Australia, and was previously a visiting fellow at the Regulatory Institutions Network, The Australian National University. She has nearly 30 years of experience in research, public policy and law reform in Australia and the UK, partic- ularly on system reform. Her areas of research interest include victims, rights and justice; violence against women and justice responses; and the relationship between political theory and justice. More recently she has explored justice for victims in conflict and post-conflict settings. For over 15 years she was an independent statutory advocate for victims’ rights. Jan Jordan is an associate professor at the Institute of Criminology, Victoria University of Wellington, New Zealand. She has over 20 years ix
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