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Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy Apr 2016

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy

Terry Goldsworthy

In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:

1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime

2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals

3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation ...


Human Trafficking, Cheryl George, Robert Piatt Feb 2016

Human Trafficking, Cheryl George, Robert Piatt

Cheryl Page

Human Trafficking explores the legal, moral, and political attempts to contain sex and labor trafficking. The authors bring unique perspectives to these topics. Professor Page, an African-American woman all too familiar with the vestiges of slavery, has written and lectured internationally on trafficking. Professor Piatt, a Hispanic law professor and former law school dean, brings his international experience as an educator, author, and advocate regarding immigration and human rights matters to bear. The book considers efforts at containment, including controversial topics such as whether prostitution should be legalized. It concludes with specific approaches to eliminate trafficking.


Supreme Court Lets Light Shine On Flaws With Eyewitness Testimony, Timothy P. O'Neill Feb 2016

Supreme Court Lets Light Shine On Flaws With Eyewitness Testimony, Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.


Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy P. O'Neill Jan 2016

Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.


Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill Jan 2016

Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.


Moving Beyond Miranda: Concessions For Confessions, Scott Howe Dec 2015

Moving Beyond Miranda: Concessions For Confessions, Scott Howe

Scott W. Howe

Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of ...


"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless Dec 2015

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Dec 2015

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner

Brendan M. Conner

The author provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded ...


Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Dec 2015

Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Brendan M. Conner

The concept of “safe space” for lesbian, gay, bisexual, transgender and queer (“LGBTQ”) young people is one traditionally applied to educators’ responsibilities to create safe havens for LGBTQ students, by creating space for dialogue and addressing name-calling, bullying and harassment. The term is increasingly used in advocacy to reform the child welfare system, particularly in the areas of adopting safer foster care and group home placement, housing classification procedures, and in sensitizing youth-serving professionals. Rarely is an equivalence drawn between reform efforts and the obligation of youth-serving professionals to uphold the legal rights of their clients and increase safety from ...


Starr, Singleton, And The Prosecutor's Role, David Sklansky Dec 2015

Starr, Singleton, And The Prosecutor's Role, David Sklansky

David A Sklansky

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously ...


Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg Dec 2015

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Barry A Krisberg

No abstract provided.


Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky Dec 2015

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.


The Criminal Law And The Luck Of The Draw, Sanford Kadish Dec 2015

The Criminal Law And The Luck Of The Draw, Sanford Kadish

Sanford Kadish

No abstract provided.


Reckless Complicity, Sanford Kadish Dec 2015

Reckless Complicity, Sanford Kadish

Sanford Kadish

No abstract provided.


Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears Dec 2015

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition ...


Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan Dec 2015

Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan

Norman Poythress

No abstract provided.


Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano Dec 2015

Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano

Michael Musheno

This study departs from mainstream criminology to approach youth conflict and violence from a youth-centered perspective drawn from cultural studies of young people and sociolegal research. To access youth orientations, we analyze experiential stories of peer conflict written by students at a multiethnic, low-income high school situated in an urban core of the western United States. We argue that youth narratives of conflict offer glimpses into how young people make sense of conflict in their everyday lives, as well as insights as to how the images and decisional bases embedded in their storytelling connect to adult-centered discourses found in popular ...


How The Justice System Fails Us After Police Shootings, Caren Morrison Dec 2015

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.


Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody Nov 2015

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody

Susan L. Brody

No abstract provided.


Hunting The Hunter: How To Effectively Combat Stalking, Terry Goldsworthy, Matthew Raj Oct 2015

Hunting The Hunter: How To Effectively Combat Stalking, Terry Goldsworthy, Matthew Raj

Matthew Raj

What do Steven Spielberg, Leonardo DiCaprio, Sandra Bullock, Hugh Jackman, Madonna and John Lennon have in common? They have each, at one time or another, been victims of stalking. Local radio host Sophie Monk has been subjected to recent unwanted attention in the form of stalking, having been confronted with up to 150 sexually explicit and threatening posts on Twitter every day. The investigation led to the arrest of the suspect, who became the first individual charged with cyberstalking an Australian celebrity. However, stalking is not a phenomenon exclusive to celebrities. In fact, the offence is a concern for mainstream ...


We Must Ensure That Domestic Violence Awareness Yields Results, Terry Goldsworthy, Matthew Raj Oct 2015

We Must Ensure That Domestic Violence Awareness Yields Results, Terry Goldsworthy, Matthew Raj

Matthew Raj

Australians have recently seen an increased focus on raising awareness about domestic violence. Rosie Batty, whose son Luke was killed by his father, was awarded the 2015 Australian of the Year to highlight the issue. And, in late 2014, the Victorian government appointed Fiona Richardson as Australia’s first minister for the prevention of family violence, followed by the announcement of a royal commission into family violence.

As a Queensland Police constable, I (Terry) can still remember the groundbreaking impact of enforcing the state’s Domestic and Family Violence Protection Act, which was introduced in 1989. Domestic violence has been ...


Out Of The Shadows: The Rise Of Domestic Violence In Australia, Terry Goldsworthy, Matthew Raj Oct 2015

Out Of The Shadows: The Rise Of Domestic Violence In Australia, Terry Goldsworthy, Matthew Raj

Matthew Raj

Once a hidden crime, domestic violence has in recent years emerged as a mainstream criminal justice issue in Australia. Cases such as Queensland man Gerard Baden-Clay’s murder of his wife Allison and the death of Luke Batty in Victoria at the hands of his father have attracted unprecedented media attention and put the spectre of domestic violence firmly back in the spotlight. But how prevalent is domestic violence and what is the cost to Australian society?


Revenge Porn Is Just One Part Of A Changing Picture Of Harassment, Terry Goldsworthy, Matthew Raj, Joseph Crowley Oct 2015

Revenge Porn Is Just One Part Of A Changing Picture Of Harassment, Terry Goldsworthy, Matthew Raj, Joseph Crowley

Matthew Raj

Google’s recent decision to remove content at the request of victims of revenge porn is a huge win for victims. Governments are also reacting to the growing problem of revenge porn – the NSW government this week announced a parliamentary inquiry into existing laws and whether there was any need for reform. The offence of revenge porn usually involves the following aspects: an existing or previous relationship; an intent to cause harm; the unauthorised public release of intimate images; and the act is facilitated by technology. While this is neither a legal definition nor an exhaustive one, it does capture ...


Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos Oct 2015

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention ...


Hunger, Horses And Government Men: Criminal Law On The Aboriginal Plains, 1870-1905, Shelley Gavigan Oct 2015

Hunger, Horses And Government Men: Criminal Law On The Aboriginal Plains, 1870-1905, Shelley Gavigan

Shelley A. M. Gavigan

Scholars often accept without question that Canada's Indian Act (1876) criminalized First Nations. In this illuminating book, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the courts nor the significance of the Indian Act as a form of law.

Gavigan uses records of ordinary cases from the lower courts and insights from critical criminology and traditional legal history to interrogate state formation and criminal law in the Saskatchewan region of the North-West Territories between 1870 and 1905. By focusing on Aboriginal people's participation in the courts rather than on narrow ...


Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan Oct 2015

Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan

Shelley A. M. Gavigan

"This anthology contains 12 papers that explain and critique Canada's Badgley and Fraser Reports, which present research findings and recommendations pertaining to the definition and regulation of sexual behavior and sexual imagery in Canadian society. The opening paper reviews the Federal Government's formal reaction to the reports it commissioned, including an overview of the reports and a summary and evaluation of existing sexual-offense legislation. A paper by a member of the Badgley Committee discusses major criticisms of the report, and a paper by a member of the Fraser Committee describes the philosophy and procedures of the committee. Critiques ...


Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos Sep 2015

Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos

Benjamin L Berger

After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration. Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter's influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice ...


Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos Sep 2015

Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos

Benjamin L Berger

Building on Martin Friedland's acclaimed and innovative course materials, this new edition of Criminal Law and Procedure provides a valuable teaching tool for introductory courses on criminal law and criminal justice. Students are provided with an overview of the entire criminal process, from police investigation to sentencing.


Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks Sep 2015

Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks

Justin P Brooks

No abstract provided.


Is Capital Punishment Immoral Even If It Does Deter Murder? Jul 2015

Is Capital Punishment Immoral Even If It Does Deter Murder?

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment ...