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'Shhh ... We Can't Tell You': An Update On The Naming Prohibition Of Young Offenders, Duncan Chappell, Robyn Lincoln
'Shhh ... We Can't Tell You': An Update On The Naming Prohibition Of Young Offenders, Duncan Chappell, Robyn Lincoln
Robyn Lincoln
Prohibitions on the naming of young offenders in criminal proceedings remain a controversial issue both in Australia and abroad. Despite international obligations, like those contained in the UN Convention on the Rights of the Child, to protect the privacy of young people in conflict with the law jurisdictions like the Northern Territory (NT) continue to flout such provisions by placing few restrictions on media reporting of criminal cases involving juveniles. Amidst political clamours for ever more punitive measures to deal with youth crime other jurisdictions now seem bent upon following the NT's approach. A notable and largely unnoticed exception to …
Rights Of The Wrongfully Convicted, Robyn Lincoln, Carol Morrison
Rights Of The Wrongfully Convicted, Robyn Lincoln, Carol Morrison
Robyn Lincoln
Extract:
Interest and recognition of miscarriages of justice has been increasing in Australia and indeed around the world, generated by high profile cases, the emergence of Innocence Projects, as well as tribunals such as the Criminal Cases Review Commission in the United Kingdom. Despite this, there is often a desire to marginalise miscarriages of justice, evidenced by narrow definitions that are limited to situations where the review mechanisms in place have failed to correct the wrong that has occurred. In contrast, a broader definition describes a miscarriage as a failure to achieve justice. Indeed this failure 'can occur at any …
An Exploration Of Automobile Insurance Fraud, Robyn Lincoln, Helene Wells, Wayne Petherick
An Exploration Of Automobile Insurance Fraud, Robyn Lincoln, Helene Wells, Wayne Petherick
Robyn Lincoln
This exploratory study analyses claiming behaviour within the automobile insurance industry. A local insurance company provided 32 automobile insurance claims thus permitting qualitative and quantitative analysis. This study enunciates non-fraudulent claiming behaviour as the sample included only a low number of suspected fraud cases. Variables contained within each of the claim files were analysed, as were the statements of the insured individuals. Each claimant is required to provide two written statements to the local insurance company and these statements were analysed for consistency and detail. The overall findings revealed that claimants were generally employed, middle-aged males who were sober at …
Risk And Resilience: Crime And Violence Prevention In Aboriginal Communities, Ross Homel, Robyn Lincoln, Bruce Herd
Risk And Resilience: Crime And Violence Prevention In Aboriginal Communities, Ross Homel, Robyn Lincoln, Bruce Herd
Robyn Lincoln
Developmental prevention involves the manipulation of multiple risk and protective factors early in developmental pathways that lead to offending, often at transition points between life phases. The emphasis is not just on individuals but also their social contexts. Risk and protective factors for crime and violence in Aboriginal communities include such standard factors as child abuse, school failure and supportive family environments, but additional factors arise from unique aspects of Aboriginal history, culture and social structure. This paper draws on existing literature, interviews with urban Aboriginal community workers, and data from the Sibling Study to delineate those interrelated risk factors …
Deborah’S Law: The Effects Of Naming And Shaming On Sex Offenders In Australia, Carol Ronken, Robyn Lincoln
Deborah’S Law: The Effects Of Naming And Shaming On Sex Offenders In Australia, Carol Ronken, Robyn Lincoln
Robyn Lincoln
Community notification laws for sex offenders are now widespread in the USA and there is considerable interest in introducing them in Australia. Along with these public moves to name and shame, there has been a parallel increase in private forms of naming and shaming through ‘outing’ of sex offenders. This article examines both public and private notification to conclude from the few studies available that they fail to achieve their goals and lead to significant unintended consequences. The article analyses The Australian Paedophile and Sex Offender Index (Coddington, 1997), a prime exemplar of the private domain of notification, to explore …
Megan's Laws And Re-Trials Don't Help: The Judges' Decision Should Be Final, Robyn Lincoln
Megan's Laws And Re-Trials Don't Help: The Judges' Decision Should Be Final, Robyn Lincoln
Robyn Lincoln
[Extract] The criminal justice system, at least in theory, is meant to be equitable, display stability and reflect finality. This concept of finality is under threat from recent law-and-order moves to exact greater punishments, namely proposals to scrap the double jeopardy rule and to introduce sex-offender notification laws. At both the front and back ends of justice processes, those who subscribe to the "more law equals more order" view are attempting to extend the reach of the criminal law.