Sentencing

The Aftermath of Provocation: Homicide Law Reform in Victoria, New South Wales and England.

by Kate Fitz-Gibbon

(2012) Unpublished Doctoral Thesis, Monash University.

Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among... more Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among criminological scholars and legal stakeholders in Australia and the United Kingdom. In response to these debates, criminal jurisdictions have conducted reviews of the partial defences to murder and implemented reforms targeted at reducing gender bias in the law which has played out through the operation of the partial defence of provocation. This research examines the different approaches taken to addressing the problem posed by provocation in Victoria, New South Wales and England. In doing so, it explores questions around the need for reform to the law of homicide, the effects of these reforms in practice, and the influential role of sentencing in questions surrounding homicide law reform. Throughout the analysis key frameworks of criminological thought in relation to feminist engagements with the law, the conceptualisation of denial and the influence of law and order politics upon the development of criminal justice policy are applied. By drawing on 81 in-depth interviews conducted with legal stakeholders across the three jurisdictions under study, and an analysis of relevant case law, this research concludes that reforms implemented to counter gender bias in the operation of homicide law have produced mixed results in practice, particularly in connection to the law’s response to three key categories of person in the courtroom: the jealous man, the female victim of homicide, and the battered woman. 

FLYER: THE CYBERCRIME HANDBOOK

by Art Bowker

In the early 1990s, professionals began to question how to address offender computer use while on supervision, but in... more In the early 1990s, professionals began to question how to address offender computer use while on supervision, but in the past ten years, tools emerged that were specifically developed
for triage and field forensics. As these were rapidly embraced, it was still unclear what professionals could look for, how to look for it, and how to interpret what they found. This unique book resolves those issues. The book provides a clear outline of what can and should be done regarding the management of offender computer use. Not only does the text help community
corrections professionals understand how to monitor computer use, but it helps realize how information gained during monitoring can assist in overall case management. The book takes the reader through all the paces of managing offender cyber-risk
and is meant specifically for pretrial, probation, parole, and community sanction officers. The chapters are organized by major areas, such as community corrections and cyberspace, understanding the options, condition legality, operational legality,
accessing cyber-risk, computer education, principles of effective computer monitoring, search and seizure, deploying monitoring software, and online investigations. Additionally, numerous appendices provide a wealth of information regarding model forms, questionnaires, and worksheets. This book moves the reader toward a more informed use of the technology that is now readily available to effectively manage offenders' digital behavior.

'Neutrality','choice', and'ownership'in the construction, use, and adaptation of judicial decision support systems

by Cyrus Tata

Institutional consistency: appeal court judgements

by Cyrus Tata

Risk, responsibility and reconfiguration: Penal adaption and misadaption

by Cyrus Tata

The Interpretation and Use of Pre-Sentence Reports in the Sentencing Process

by Cyrus Tata

Beyond the Technology of Quick Fixes-Will the Judiciary Act to Protect Itself and Shore up Judicial Independence-Recent Experience from Scotland

by Cyrus Tata

The Failure of Recall to Prison: Early Release, Front-Door and Back-Door Sentencing and the Revolving Prison Door in Scotland

by Cyrus Tata

Do the Media Influence the Judiciary?

by Phil Dines

Sir Mark Potter

As judges face growing criticism for 'disproportionate' sentencing of those convicted of inciting riots, former High... more As judges face growing criticism for 'disproportionate' sentencing of those convicted of inciting riots, former High Court Judge Sir Mark Potter assesses to what degree the media influence the judiciary. In the policy brief, he finds that judges generally remain impervious to outside influence, but that sentencing policy is sometimes influenced by public opinion.

Sentencer Confidence in Probation: A Good Job in Difficult Circumstances?

by Andrew Millie

Published in Vista: Perspectives on Probation, Criminal Justice and Civil Renewal, 2004, 9 (2) 112-117.
Co-authored with Jessica Jacobson

'Till Death do us Part: Judging the men who kill their intimate partners

by Kate Fitz-Gibbon

Published in: Segrave, M (ed) Australian and New Zealand Critical Criminology Conference Proceedings 2009, Australian and New Zealand Critical Criminology Network, pp.78-87.

The Honeymoon Killer: Plea Bargaining and Intimate Femicide - A Response to R v Watson

by Kate Fitz-Gibbon

(2010) Alternative Law Journal, vol 35, no. 4, pp.203-207.
Co-authored with Dr. Asher Flynn, Monash University

Five Kilos Penalties and Practice in the International Cocaine Trade

by Jennifer Fleetwood

Current and proposed sentence guidelines for drug-trafficking offences in the United Kingdom are underpinned by the... more Current and proposed sentence guidelines for drug-trafficking offences in the United Kingdom are underpinned by the neo-liberal ‘commonsense’ assumption that greater quantities will yield a greater profit, which deserves greater punishment. At present, this is achieved through the use of weight to determine the maximum sentence available (five kilos for Class A drugs). Drawing on ethnographic research with drug traffickers imprisoned in Ecuador, this paper problematizes the use of weight as a measure of seriousness. This research finds that mules often carry greater quantities than professional traffickers and that therefore sentence guidelines premised on weight will punish mules disproportionately.

The Insanity of Genius: Criminal Culpability and Right-Tail Psychometrics

by James Oleson

BLOWING OUT ALL THE CANDLES: A FEW THOUGHTS ON THE TWENTY-FIFTH BIRTHDAY OF THE SENTENCING REFORM ACT OF 1984

by James Oleson

The Judicial Role in the 'Balance'Between Two Visions of Justice in Sentencing

by Cyrus Tata

A Sense of Justice: the Role of Pre-Sentence Reports in the Production and Disruption of Guilt and Guilty Pleas

by Cyrus Tata

Punishment & Society: the International Journal of Penology Vol. 12(3)

Sentencing and information technology: incidental reform

by Cyrus Tata

Beyond the Technology of Quick Fixes

by Cyrus Tata

Shadow writing and participant observation: a study of criminal justice social work around sentencing

by Cyrus Tata

The Journal of Law & Society