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1 WELCOME The aim of the Justice Policy and Practice Research Day 2007 is to continue the enthusiasm generated by the previous justice research day conferences at the University of Western Australia (2005) and at Murdoch University (2006). The conferences foster interaction between researchers, practitioners, government departments and students by providing a forum in which contemporary research with clear application to the criminal justice system can be presented and discussed. These conferences are underpinned by the concept of evidence-based policy and practice in which the tertiary sector has a major role working closely with partners in the different justice agencies in Western Australia. I would like to publicly thank and acknowledge most sincerely James Herbert’s role in the organization of this conference. His hard work and attention to detail was absolutely pivotal. I thank the Office of Research and Innovation at Edith Cowan University for their generous sponsorship of the conference, and Dr Marcia Taylor specifically. I thank Western Australia Police Academy for allowing the conference to be held in their beautiful buildings at the Joondalup Campus, and Dr Vincent Hughes, Rob Skesteris and Jenny Mann specifically. I thank our partner agencies in WA: Department of the Attorney General, Department of Corrective Services, the Office of Crime Prevention and the University of Western Australia and Murdoch University. Margaret Mitchell 2 PUBLISHED PROCEEDINGS A planned output of the conference is a peer-reviewed collection of selected full-length conference papers. Presenters are invited to submit full-length papers to email@example.com and/or individual presenters will be requested to submit full papers following the conference. Please feel free to discuss potential submissions with Margaret Mitchell. Papers should be 4,000 - 5,000 words in length. Each should provide a context and introduction, a review of literature, and in the case of reports of empirical work (new research, case analysis, program evaluation etc.) clearly present methodology and results. A focus of the collection is on policy and practice implications and so these should be drawn out in the discussion and conclusions. Referencing should be APA. The chapters in the collection will meet DEST criteria. Thank you. Associate Professor Margaret Mitchell Tel: 0424 003 248 3 CONFERENCE PROGRAM Paper presenters are asked to keep to their strict 15-minute time slot (1500 to 1700 words) to allow people to move between sessions. The short time frame is intended to allow maximum exposure to as many papers and ideas as possible. There will be a ten-minute question and answer session following each concurrent session. Morning coffee, lunch and afternoon tea will be served in the Western Australia Police Cafeteria (second floor middle building). These are included in the registration fee. Drinks will be served at a Reception in the Western Australia Police Commissioner’s Lounge, at the Acadeny. This will be the opportunity to mingle and mix and speak with presenters and other participants. Please plan to attend. 08:00 REGISTRATION 08:30 CONFERENCE OPENING AND WELCOME 08:40 – 09:30 KEYNOTE ADDRESS 09:30 – 10:45 CONCURRENT SESSIONS 1 10:45 – 11:15 Morning Coffee 11:15 – 12:30 CONCURRENT SESSIONS 2 12:30 – 13:30 Lunch 13:30 – 14:45 CONCURRENT SESSIONS 3 14:45 – 15:15 Afternoon tea 15: 15 – 16:30 CONCURRENT SESSIONS 4 16:30 – 16:40 WRAP UP AND FUTURE DIRECTIONS 16:45 AFTER CONFERENCE DRINKS RECEPTION 4 5 KEYNOTE ADDRESS DR SARAH LANDY THE EFFECTS OF EARLY TRAUMA ON BRAIN DEVELOPMENT AND LATER FUNCTIONING Dr Landy’s Keynote Address will stimulate much discussion on the justice policy implications of her clinical work with children and early childhood experiences. Her presentation will be followed by questions from the floor. Dr Sarah Landy is with the Psychological Medicine Clinical Care Unit at Princess Margaret Hospital, Perth, Western Australia. Dr Landy is a developmental-clinical psychologist who has worked for more than 25 years in children’s mental health. She has a PhD from the University of Saskatchewan, Canada and completed post-doctorate fellowships at the Child Development Unit, Harvard University with Dr. T.B. Brazelton and at the University of Washington, with Dr. Stanley Greenspan. Dr Landy has worked as a clinician, home visitor, program developer, clinical and program director, researcher, and teacher. Her research interests include young children with aggression and behaviour problems, very high risk parents with complex trauma, assessment of children with autistic spectrum disorder and other disorders of childhood, and evaluation of community-based intervention programs. She is on faculty at the University of Toronto and York University and has taught at the University of British Columbia, Queens University in Canada and the University of Arizona and Harvard University. Dr Landy has written over 50 articles and chapters and her books include Pathways to Competence: Enhancing the emotional and social development of young children (2003); Early intervention with multi-risk families: An integrative approach; her most recent book is on disorders on early childhood to be published this year. 6 CONCURRENT SESSIONS 1 9.30 – 10.45 Session A: Violence Reduction Lauren Martin Injury Control Council of Western Australia (Inc) Community violence among young people Rehana Khan Western Australia Office of Crime Prevention Antisocial Behaviour Orders in Western Australia David Wray Western Australia Office of Crime Prevention Entertainment precincts Maggie Woodhead Community Based Program, WA Department of Corrective Services Incubated in terror – growing up to terrorise: Implications for domestic violence group work interventions 7 CONCURRENT SESSIONS 1 9.30 – 10.45 Session B: Justice Organisational Issues Kendra Swaine Office of Crime Prevention Public Opinion and Policy: Where do we stand? Rohan Price Edith Cowan University There’s no point blaming the company: Principal, agent and accessorial liability of employees for misleading and deceptive conduct Jeff Corkill Edith Cowan University Professional surveillance: Judgement of a hypothetical construct Vincent Hughes & Paul Jackson Western Australia Police Academy and Edith Cowan University Combining action research and hermeneutics to bring a new rigour to business consultancy 8 CONCURRENT SESSIONS 2 11.15 – 12.30 Session A: Custodial Management and Post Release Glenn Ross Sellenger Centre, Edith Cowan University Issues in the custodial management of sex offenders Jayne Kotz & Julie Coverley WA Department of Corrective Services Measuring the impact of a pre-release program on depression and wellbeing in female prisoners Tiffany Bodiam Edith Cowan University The implications for subsequent employment of having a criminal record Danny Kiely Health Services, WA Department of Corrective Services) Evidence driving practice: Towards the offender mental health clinical pathway 9 CONCURRENT SESSIONS 2 11.15 – 12.30 Session B: Indigenous Justice Vickie Hovane Indigenous Programs & Services Pty Ltd and Edith Cowan University “Blackfellas, what Blackfellas?” The effects of “mainstreaming” on Aboriginal people and implications for policy development and service delivery Brian Steels Centre for Social and Community Research, Murdoch University Community capacity building in Western Australian Indigenous communities Gary Manison Sellenger Centre, Edith Cowan University Cross border policing in remote Australia Carolyn Johnson University of Western Australia Child trauma and violence throughout the lifespan 10 CONCURRENT SESSIONS 3 13.30 – 14.45 Session A: Investigation and Intelligence Ellen Grote & Margaret Mitchell Sellenger Centre, Edith Cowan University Investigative interview training at the Western Australia Police Academy Patrick F Walsh Australian Graduate School of Policing, Charles Sturt University Grading the report card on law enforcement intelligence and its impact on justice James Herbert Sellenger Centre, Edith Cowan University Jerry Bruckheimer and Dick Wolf on interviewing suspects Shayne Sherman Department of industry and Resource A study of the increase in the establishment of investigation functions within selected Western Australia public sector agencies 11 CONCURRENT SESSIONS 3 13.30 – 14.45 Session B: Sentencing and Juries James McCue Edith Cowan University The criminal responsibility of children and parents Penny Hyde Edith Cowan University Community satisfaction with the sentences of juveniles Judith Fordham Murdoch University Are Western Australia jurors really intimidated? Pamela J. Henry & Donald M. Thomson Edith Cowan University Race and juror decision making: Do Australian jurors discriminate unfairly? 12 CONCURRENT SESSIONS 4 15:15 – 16:30 Session A: Research and Practice in the Justice System David Indermaur Crime Research Centre, University of Western Australia Crime prevention research in Western Australia Emily Tilbrook & Alfred Allan & Ricks Allan Edith Cowan University Public perceptions of gender differences in intimate partner violence: Implications for jury decision making Joe Clare & Frank Morgan Crime Research Centre, University of Western Australia The victim and the area: Hierarchical modelling of burglary victimisation in Western Australia Sharan Kraemer Edith Cowan University The law and justice practicum and how it can make you a better citizen 13 CONCURRENT SESSIONS 4 15:15 – 16:30 Session B: Drug Use and Criminal Justice Jasmine Davis & Natalie Gately Sellenger Centre, Edith Cowan University The DUMA collection process Ryan Mezger & Natalie Gately Sellenger Centre, Edith Cowan University Trends of drug use in a detained Western Australia population Glenn Cutler & Natalie Gately Sellenger Centre, Edith Cowan University Monitoring drug buying and selling behaviours and the perceived associated risks using the Western Australian DUMA data Marika Guggisberg Edith Cowan University Double Trouble: Mental health and substance use problems among victims of intimate partner violence 16:45 AFTER CONFERENCE DRINKS RECEPTION COMMISSIONER’S LOUNGE WESTERN AUSTRALIA POLICE ACADEMY 14 ABSTRACTS Arranged alphabetically according to first author Tiffany Bodiam Edith Cowan University The implications for subsequent employment of having a criminal record This paper describes the problems that are created post release for ex prisoners seeking to rebuild their lives. This research draws on interviews with released men and women, primarily repeat offenders, in a study conducted in New South Wales. Through analysis of the narratives obtained through interview, we are able to discern both the practical and other challenges associated with having a criminal record. In addition, the fears and concerns of released prisoners indicate multiple structural and perceived barriers to employment. The policy implications of this work are presented. 15 Joe Clare & Frank Morgan Crime Research Centre, University of Western Australia The victim and the area: Hierarchical modelling of burglary victimisation in Western Australia This research is based on a two-stage sampling survey of 3,371 households within relatively small neighbourhoods in the Perth metropolitan area, and in selected rural towns. This sampling design enabled the authors to conduct hierarchical modelling of burglary victimisation; simultaneously considering risk factors at individual-, household-, and neighbourhood-level. The physical location of the dwelling was located more precisely than in previous surveys. This paper will discuss the sampling methodology adopted in this case, and will explore initial findings of this research. This paper will identify the relative importance of factors at each level and in particular will distinguish the impact of the broader neighbourhood from that of the immediate physical environment as we move downward through the cone of resolution. 16 Jeff Corkill Edith Cowan University Professional surveillance: Judgement of a hypothetical Construct In recent years CCTV has often been identified as a sort of panacea for all manner of security shortfalls. CCTV is purported to reduce the need for security manpower, CCTV will reduce crime and CCTV will make city centres safer places to be in. The reality is far more complex and it may be argued quite uncertain. Research pertaining to the effectiveness of CCTV to a large degree has been focused on what may be described as the criminological theories of impact on crime and impact on the observed community. Research focused on the effectiveness or otherwise of operators and the impact this has on effective operational outcomes of CCTV systems has been minimal. What research exists appears to indicate that operator effectiveness is potentially a significant weakness in the CCTV as a panacea argument. What separates the effective operator from the ineffective? Why is it that some operators detect incidents in the early developing stages whilst others barely recognise an incident has even occurred? What factors, both internal and external, contribute to effective operator outcomes? This paper proposes a concept of Professional Surveillance Judgement (PSJ) as a means by which CCTV operator effectiveness may be understood. The phenomenon of PSJ is a construct proposed by the author to explain why some CCTV operators are able to function at levels significantly higher than the average operator in terms of, target identification, incident detection, and operational decision making. 17 Glenn Cutler & Natalie Gately Edith Cowan University Risky Business? Monitoring drug buying and selling behaviours and the perceived associated risks using the West Australian DUMA data Paper 3 Symposium - Drug Use Monitoring in Western Australia Alcohol and drug use continue to concern the community. While some agencies deal within the health framework, police are left to deal with the criminal aspect of drug use. With the collection of Drug Use Monitoring of Australia (DUMA) data came the realisation that this same data set provided the opportunity to track the buying and selling habits of recently detained adults in Perth. A geographical spatial profiling programme is being used to find out what suburbs in Western Australia are housing drug dealers, and whether these buyers and sellers believe it is a „risky‟ business to buy or sell in their areas. Analysis identifies six categories of illicit drugs, the location of their purchase, and the policing districts these suburbs fall within. This information can be utilised by police to obtain a greater understanding of the analyses presented to them and how to use the mapping to assist in the prevention crime and its association with drugs use. This presentation will demonstrate the relevance of this project to operational police 18 Jasmine Davis & Natalie Gately Edith Cowan University The DUMA collection process Paper 1 Symposium - Drug Use Monitoring in Western Australia The School of Law and Justice at Edith Cowan University collects data in conjunction with the West Australian Police for the Australian Institute of Criminology. The first speaker in this three part symposium will discuss the Drug Use Monitoring in Western Australia project (DUMA), a brief history, what it is, how the data is collected, and the trials of interviewing a recently detained population in a forensic environment. 19 Judith Fordham Murdoch University Are Western Australian jurors really intimidated? It has been suggested that jurors may have faced intimidation in certain trials in Western Australia, hence delivering verdicts other than in accordance with the evidence. In addition, the possible impact of vocal and at times, violent displays by members of the public gallery on the juror‟s psychological well-being has been questioned. Hence, this study aims to explore the effects of intimidation on the juror‟s decision and psychological well-being. To the researcher‟s knowledge, no published research on jury intimidation has been carried out in Australia, and little in the world. This study will be the first of its kind. With the support of the Attorney-General of Western Australia, this study will provide reliable data instead of intuitive and uninformed speculation about the existence and effect of jury intimidation in West Australia, and propose possible measures to combat these threats. Recommendations stemming from this research are expected to enhance the administration of justice in WA by reducing the level of stress and distress experienced by jurors in such trials, and minimising the possibility of external influences on the verdicts, thus maximising public confidence in our justice system. It should be noted that presentation of the findings is contingent upon approval by the Attorney-General. 20 Ellen Grote & Margaret Mitchell Sellenger Centre, Edith Cowan University Investigative interview training at the WA Police Academy Investigative interviewing is the cornerstone of criminal investigations. Interviews with witnesses are particularly important because they can guide the direction of the inquiry, identify defendants and are used in the selection of the offences to be charged. Aiming to conduct more ethical and effective interviews, the WA Police were one of the first departments in Australia to integrate the innovative PEACE model into recruit training. Yet the ways in which WA police officers conduct investigative interviews have come under intense media scrutiny in recent months. Drawing on data collected in two exploratory studies which examined the investigative interview training delivered at the WA Police Academy, this paper focuses on witness interviews. It considers the extent to which the adapted version of the model aligns with the original principles of PEACE. It argues that the cognitive interviewing model has been re-designed to favour the needs of the interviewer over the witness, ignoring the extensive psychological research on memory retrieval which informs the original PEACE model. 21 Marika Guggisberg Edith Cowan University Double Trouble: Mental health and substance use problems among victims of intimate partner violence The link between substance use and Intimate Partner Violence (IPV) particularly alcohol use, is acknowledged in international literature. An association has been found not only with the perpetration of IPV but also with its experience. The relationship between exposure to IPV and increased rates of mental health problems along with harmful substance use have also been documented in very recent international literature. It has been suggested IPV victimisation experiences tend to increase the risk of poor health behaviours such as hazardous and harmful substance use, which in turn may increase the risk of further victimisation. Anecdotal evidence from government and non- government professionals suggested mental health and substance use problems co-exist among victims of IPV in Australia. This research, commenced in 2007, and investigated the prevalence, nature and the scope of IPV victimisation, mental health and substance use in a cohort of adult female service users in the metropolitan area of Perth. This paper presents the rationale, methodology and preliminary findings. The results will be useful for government and non-government agencies that assist IPV perpetrators and victims, public health professionals, and policy makers and will fill a gap in existing social, health and criminal justice literature. 22 Pamela J. Henry & Donald M. Thomson Edith Cowan University Race and juror decision making: Do Australian jurors discriminate unfairly? The adversarial system of trial assumes that jurors place personal bias to one side, delivering a verdict that is based solely on the facts in issue. However, there is a body of research in social psychology demonstrating that an ethnic accused is more likely to be found guilty of an offence perpetrated against a non-ethnic victim. This form of discrimination only appears to occur when the evidence against the accused is equivocal and when the judicial summation fails to alert jurors to putting aside prejudice. This research examines the effect of the race of the accused, the race of the victim and judicial instruction on the outcome of a hypothetical aggravated assault trial where the race of the accused and victim was either Asian or Anglo. Anglo participants were required to read a trial transcript and render a verdict of guilty or not guilty. Findings demonstrated that an accused is more likely to be found guilty when he is described as Anglo, and an accused (regardless of race) is more likely to be found guilty when the victim is described as Asian. Four explanations are proposed for these findings. 23 James Herbert Sellenger Centre, Edith Cowan University Jerry Bruckheimer and Dick Wolf on interviewing suspects The influence of the popular media in the criminal justice system has recently been recognised with the “CSI effect”; a sudden great expectation of juries that forensic evidence be presented in criminal cases. With this comes the recognition of the power that popular culture has in shaping the perceptions and behaviour of people who absorb the messages presented. Police dramas/procedurals have been dramatising and glamorising the work of police officers to a large television audience for over thirty years with little scrutiny on how they might affect the behaviour of police officers and the expectations of the public when interacting with the police. The current study will present the findings of an examination of police interrogations in a number of popular police shows including: CSI, CSI New York, CSI Miami, Law and Order, Law and Order: Special Victims Unit, Law and Order: Criminal Intent, Numb3rs, Cracker, The Bill, and A Touch of Frost. Police interrogations on TV often moralise the poor treatment of suspects in the context of the greater good of arresting perpetrators. This study will examine the general messages that these shows send about the interrogation of perpetrators and compare the tactics used in different shows. The interrogations of Andrew Mallard and Dante Arthurs have gained significant media attention due to the tactics of investigators in obtaining confessions. Critical evaluations of the tactics displayed in the media could result in investigators reflecting upon their own interrogation practices and possible threats to the admissibility of confessions. 24 Vickie Hovane Indigenous Programs & Services Pty Ltd Blackfellas, what Blackfellas? The effects of “mainstreaming” on Aboriginal people and implications for policy development and service delivery Aboriginal people continue to be over-represented as both victims and offenders in the criminal justice system. Existing policies and services for victims and offenders are driven largely by White Anglo-Saxon concepts, frameworks and approaches. Aboriginal aspirations to be self-determining and to work in genuine partnership with government agencies to address this continuing over-representation are often met with resistance. This paper will examine the consequences of these circumstances for Aboriginal people caught up in the criminal justice system, against a background involving the Royal Commission into Aboriginal Deaths in Custody, the Overcoming Indigenous Disadvantage Key Indicators approach, the WA Statement of Commitment to a New and Just Relationship with Aboriginal people, and the Substantive Equality Policy. It will then provide suggestions for good practice and ways forward for policy makers and service providers in order to facilitate equity before the Law, and equitable access to culturally safe programs and services for Aboriginal victims and offenders. 25 Vincent Hughes Western Australia Police Academy & Paul Jackson Edith Cowan University Combining action research and hermeneutics to bring a new rigour to business consultancy This paper is the result of a process of examining the outcomes of a research project in policing. We achieved academic rigour and organisationally useful outcomes by combining action research and hermeneutics, but upon reflection, we also noticed a number of positive unintended consequences. These influenced not only the organisation but also the researchers and professionals involved. In analysing these consequences, we found a contemporary way of ensuring relevance and rigour to projects undertaken by internal staff and external consultants. 26 Penny Hyde Edith Cowan University Community satisfaction with the sentences of juveniles While research in the area of childhood factors that predispose youths to criminal behaviour has developed a comprehensive theoretical basis, the current body of research fails to explore practical applications of this knowledge in the justice system. The purpose of this research was to bridge this gap in the literature by exploring whether society believes that childhood factors, such as an unstable childhood and educational difficulties, should influence the severity of the consequence a young offender should receive and the appropriate goal of punishment for the consequence. The study consists of a 2x2 (childhood stability x educational difficulties) between subjects design with the implementation of a quantitative research approach which also involved participants explaining their responses. 120 participants were randomly assigned to four experimental groups in which they received a questionnaire with a scenario containing experimentally manipulated information. The results indicate that participants believe the stability of the young offender‟s childhood and any difficulties they had with their education should not influence the severity of the consequence they receive. The results further indicate that in theory participants believe that the consequence given to a young offender should act as an individual deterrent, while in practise they suggest specific consequences that reflect a general deterrence goal of punishment. However participants do believe that young offenders with unstable childhoods and difficulties with their education are more suited to a rehabilitative goal of punishment than those with more stable childhood backgrounds. 27 David Indermaur Crime Research Centre, University of Western Australia Crime prevention research in Western Australia Research into crime prevention in Western Australia has taken a sharp turn upwards over the past three years. The Office of Crime Prevention has established a fund and provided research grants to a range of local and university based researchers. Apart from this the crime prevention partnerships also facilitates and supports local research. The Australian Institute of Criminology has been involved in evaluating and supporting the partnerships and developing a searchable data base of crime prevention projects. This presentation will provide a descriptive and critical overview of all these developments and consider the strengths and the weaknesses of the current surge in funding for crime prevention. The talk will conclude by looking at what is needed to stimulate the connection between crime prevention research and crime prevention funding. 28 Carolyn Johnson University of Western Australia Child trauma and violence throughout the lifespan This presentation will demonstrate the links between child trauma, domestic violence and spousal homicide, in a population of non-Indigenous Western Australian murderers, who killed their intimate partner. Twelve murderers and eight family members, of both victims and perpetrators, were interviewed for the study. Perpetrators completed the Child Trauma Questionnaire (Bernstein & Fink 1998) and with the exception of those who scored highly on minimisation and denial, all were found to have experienced significant childhood trauma across a range of clinical scales. Neurological, emotional and behavioural consequences of childhood trauma are examined and the implications for prevention, policy and practice explored. 29 Rehana Khan Western Australia Office of Crime Prevention Antisocial Behaviour Orders in Western Australia In 2006, the Office of Crime Prevention was presented with the task of preparing a discussion paper on the applicability of UK style Anti Social Behaviour Orders to WA on: Research undertaken; Information paper Consultation process; and Recommendations of workshop and reference group. The main recommendations of the workshop and reference group were that an overarching ASB strategy should be developed and it is preferable that specific strategy should be implemented to address specific concerns. Misconduct Restraining Orders should be better utilised and improvements should be identified within the current legislation. After extensive consultation, it was decided that ASBO would not be appropriate for WA at present. Currently, OCP has commissioned review of MROs and is preparing a training tool kit for the community and Shires on how to combat ASB. The State has identified many areas that should be concentrated on and in particular 4 key areas have emerged: Graffiti Hoons Alcohol related violence; and Public transport issues The underlying theme to these areas is anti social behaviour. A key issue will be in presenting these responses in a consistent and „packaged‟ manner as a response to antisocial behaviour. Accordingly, the OCP is preparing an over arching ASB strategy. The implications are: Depending on the recommendations of the MRO report, the Restraining Orders Act 1997 maybe amended. We hope to provide training on all matters relating to ASB to Shires and the community, so that the community is aware of its rights and responsibilities. 30 Danny Kiely Western Australia Department of Corrective Services Evidence driving practice: Towards the offender mental health clinical pathway The identification and effective management of offenders with mental health problems within the Western Australian prison system provides a unique challenge to all areas of Corrective services. Limited data is available on the incidence of mental health problems within the Western Australian correctional setting. Research data from other jurisdictions both commonwealth and international, indicate a significantly higher incidence of mental illness amongst offenders than amongst the general population. The Department of Corrective Services, Health Services is currently developing an “Offender Mental Health Clinical Pathway” to address the needs of those in prison experiencing mental health related problems. A key element of this development is the undertaking of comprehensive screening/case finding for mental illness, using internationally validated screening instruments. The paper reports on the results of the MINI („MINI‟ International Neuropsychiatric Screening test) undertaken at Greenough and Karnet prisons in 2007. The results offer a detailed insight into the current incidence of mental health related problems, including co-morbidity amongst our prison population. The results are being used to inform the strategic planning processes of health services and are key drivers for the strategic modelling and development of the Offender Mental Health Clinical Pathway, including the integration of the current mental health and addictions services into a unified service, offering a “one stop shop” for those experiencing mental health/addictions related problems. 31 Jayne Kotz & Julie Coverley Western Australia Department of Corrective Services Measuring the impact of a pre-release program on depression and wellbeing in female prisoners Women in prison are a significantly marginalized and disadvantaged population group who experience social isolation and disconnection from themselves and others. They are hugely over represented in prisons with mental disorders and drug and substance abuse. Recent studies show that 57% had a recent history of drug use, 61% had a psychiatric illness, 44% experienced PTSD, 55% experienced anxiety disorder and up to 85% had experienced childhood sexual abuse and domestic violence. This is notably higher than their male counterparts. Studies consistently demonstrate people who are socially disconnected or isolated have between two and five times the risk of dying from all causes compared to those who maintain strong ties with family, friends and who have community connections. There is evidence that loss of capacity to control factors such as one‟s wellbeing and destiny is the most significant social determinant of health. Boronia, a low security pre-release centre for women in WA, provides an extensive, comprehensive and gender specific community integrated pre-release program. It aims to not only reduce the likelihood of re- victimization but to increase each woman‟s capacity to reconnect and re- engage with herself, her family and her community. At an individual level we aim to improve the perception of health and wellbeing and capacity to break cycles of violence. The spin offs are improved capacity of women to halt the disintegration of families and communities. Using the SF36 health and wellbeing tool, we are measuring changes in women‟s own experience of their health, wellbeing and their capacity to function. The SF36 is a validated generic outcome measure designed to examine a person‟s perceived health status across eight health concepts including general mental health, social role, physical functioning and role limitations because of emotional problems. The SF 36 is administered to all prisoners on admission to the centre and prior to release (a minimum of 4 months). This paper provides an overview of the pre- release program and the results of a pilot project to evaluate the impact of this program on the perceived health and wellbeing in female prisoners. 32 Sharan Kraemer Edith Cowan University The law and justice practicum and how it can make you a better citizen This paper will appeal to two elements within us – one being our philosophical view of the world and our place within it; and the other our desire to get our job done as efficiently and as effectively as we can. The paper is about the experiential style of learning, or practicum which addresses both perspectives equally. The practicum process is an outstanding opportunity firstly to build and maintain collaborative working relationships among the people who work in the justice environment, and secondly to contribute to the greater good of our civil society. The practicum is more than introducing the student to the workplace, it is more than the employee having an unpaid lackey or a millstone around his neck. For the student, it is a plunge into the culture and the tasks and the dramas and difficulties of the work place; and for the employee it is the chance to teach an eager and willing student and imbue them with their own values and skills. This paper will outline the basics of experiential learning and show the student supervisor or mentor how to further his/her own management skill set all the time demonstrating how to become a better citizen. 33 James McCue Edith Cowan University The criminal responsibility of children and parents A number of high profile and recent cases, such as the case of James Bulger, have provided anecdotal evidence of children‟s capacities to commit illegal acts (Morfesse, 2003; Wolff, 2000). Currently however, Western Australian legislation places strict guidelines on the prosecution of minors. The law states that children under ten years of age cannot be held criminally responsible. This legal provision has been in English Common Law for centuries and to date, there is little empirical evidence to validate such a provision (Bronitt & McSherry, 2001). Given that anecdotal evidence seemingly highlights that children do engage in criminal behaviour, it is important to understand whether they conceptualise and perceive such behaviour differently from adults. Arguably, the law and public policy, to some extent, should reflect the mores, values and attitudes of the public it is charged to represent. Consequently, the starting point for psychological research in this area is to establish whether the WA public believe children, especially those under the current minimum age, should be held criminally responsible. The publics‟ perceptions in this area and the movement toward holding parents responsible for their children‟s actions will also be presented. 34 Gary Manison Sellenger Centre, Edith Cowan University Cross border policing in remote Australia The NT and WA Police have taken a new approach to policing some remote indigenous communities in Central Australia. In contrast to the traditional model of only policing their respective side of the border, the NT and WA Police have combined facilities and staff to police remote indigenous communities, regardless of their location. They have built multi-jurisdictional police stations at Kintore in NT and Warakurna in WA, which police the respective region regardless of the location of the border between the two jurisdictions. Considering the need for continuous improvement of government service delivery and the problematic nature of delivering policing services to remote indigenous communities, the paper aims to analyse this new model and evaluate its effectiveness in the context of police services and capacity building for remote indigenous communities. 35 Lauren Martin Injury Control Council of Western Australia (Inc) Community violence among young people Violent crime is often predictable and preventable. Despite this, it remains one of the most prominent concerns for Australians and still occurs at an unacceptable rate in our community. The objective of the research was to seek out opportunities for effective prevention and early intervention programs to reduce community violence among young people aged 15-24 in Western Australia. This project used a combination of qualitative research techniques to gain further insight into the issues surrounding community violence among young people. Focus groups and interviews were conducted with young people, stakeholders, community residents and perpetrators of community violence in two metropolitan communities in Western Australia. Key risk factors for community violence exposure support those found in international literature on the issue. Survey respondents recommended strategies to reduce community violence among young people including organised community activities and facilities; greater police visibility; safe design of public places; school-based strategies; and early intervention strategies for families and young parents. The results of this research provide better understanding of the causal factors of community violence in Western Australia and recommend prevention initiatives that are endorsed by communities. 36 Ryan Mezger & Natalie Gately Edith Cowan University Trends of Drug Use in a Detained Western Australian Population Paper 2 Symposium - Drug Use Monitoring in Western Australia Using the DUMA data, the trends of drug use from 1999-2007 will be presented. Six categories of drugs are recorded through self reported questioned, uniquely backed up by urinalysis by independent toxicologists. This presentation will show the patterns of usage in those recently apprehended by police over the past 8 years. 37 Rohan Price Edith Cowan University There’s no point blaming the company: Principal, agent and accessorial liability of employees for misleading and deceptive conduct Who can be liable for contravention of Part V of the Trade Practices Act 1974 (Cth) for misleading and deceptive conduct is an important threshold question. When we consider the liability of employees for misleading and deceptive conduct, the topic provides a surprising case law which emphasises the personal liability of employees for the representations they make to other people. The forms of liability for misleading and deceptive are numerous and they overlap. Among them are principal liability and agency as codifications of the common law and accessorial liability derived from criminal law. The aim of this paper is to merely identify the forms of liability and essay a few comments on how the law might be better explained to employees so that they have a more perfect understanding of their position under the law of misleading and deceptive conduct. The paper also poses and answers the question: is it fair and appropriate that criminal law standards are employed in adjudicating liability for breaches of the Trade Practices Act? 38 Glenn Ross Sellenger Centre for Research in Law, Justice & Policing, Edith Cowan University Issues in the custodial management of sex offenders The literature abounds with references to sex offenders and much attention is given to dealing with issues relating to their assessment, treatment, rehabilitation, recidivism, and to their management in the community. However, little attention has been given to identifying if this cohort of offenders requires a specific management regime while they are in prison, but not in treatment. This research will examine jurisdictions in Australia and internationally to identify current policy and practices and to determine what knowledge gap exists. Attention will be given to the issue of prisoner accommodation – should sex offenders be collected together or should they be dispersed around the prison estate, how offenders with differing paraphilias should be assigned to multiple occupancy cells to avoid collusion, measures to prevent the grooming of accommodation staff, etc. The access of sex offenders to offence stimuli while they are in prison will also be considered due to the role that this stimuli fulfils in fantasy and continuing cognitive distortions. This will include an examination of access to such things as child erotica, souvenirs and trophies, pictures, photographs, television programs and DVDs. A component of the research will involve identifying elements of the prison regime that can be used to create an environment that supports treatment concepts – risk reduction language and behaviour, and appropriate use of leisure time. A major concern for both sex offenders and those responsible for their care and well-being concerns their protection requirements from mainstream prisoner groups Protection issues will also be explored including topics on integrated prisons, provision of cover stories, offence stigma, and the centralisation of offenders. The outcomes of this research will provide prison superintendents and others interested in institutional management with information and guidance for use in staff training programs and for developing prison regimes for sex offenders that are pro- social and which reduce the risk of re-offending. 39 Shayne Sherman Department of Industry and Resources A study of the increase in the establishment of investigation functions within selected Western Australia public sector agencies Increasingly pressure and tension has been placed on the WA Police to meet the demands of society for community policing and from WA government agencies to provide investigation services on behalf of agencies. The political environment has resulted in the WA Police reducing its ability to service the requirements of the WA public sector in enforcing compliance with legislative obligations. This appears to have contributed to a selective and growing group of WA public sector agencies establishing an investigative unit to address this need. The common factor about these agencies is that they do not have investigation as a core function. A review of job advertisements and organisational structures show that there are now a number of agencies within WA that have an investigation unit of some type, however the exact nature of these units have yet to be quantified and the reason for these functions developing have not been explored in any detail. The aim of this presentation is to discuss the initial observations of the study and to propose various hypotheses for this trend. 40 Brian Steels Centre for Social & Community Research, Murdoch University Community capacity building in Western Australian Indigenous communities One of the current catchcries for government is „Capacity building‟ and for this to be successful, communities need to have pertinent information readily available to them, fair and just processes in which to participate and develop, and clearly defined goals that benefit their common good. is clearly not the experience among members of many Indigenous communities, where the focus has been on regulation and control, often by stakeholders, rather than building a capacity for self determination, good governance and economic advancement. The Royal Commission into Aboriginal Deaths in Custody as well as the Bringing Them Home report called for major changes in relations between Indigenous people and the criminal justice system. Social Justice was at the heart of the Bringing Them Home report written ten years ago. From the poor response to both of these reports and others, such as Prison the Last Resort, it can be suggested that Indigenous Australians will have to wait for a long time to experience justice within a socially just society. In turn, this has left many communities vulnerable to the impact of the criminal justice system. An answer to the constantly trodden path to prison is explained here as creating a capacity within each Indigenous community to deal with the exhausting issues of crime and anti-social activities. Crime prevention is a tough call on communities unless they are assisted to build up their problem solving skills, gain an awareness of human rights and social justice issues, and create an ability to challenge anti social behaviours. Earlier research explored capacity building alternatives to current practices so as to reduce the number of prisoners and the over-representation of Indigenous people within Western Australia‟s criminal justice system. Among the recommendations was the use of Hollow-Water type practices that are steeped in restorative and healing experiences. 41 Kendra Swaine Office of Crime Prevention Public Opinion and Policy: Where do we stand? Public opinion affects everyone in the crime and justice sector. Using the recently published Turning The Corner 2007: Recent Crime Trends in WA document as a case study, this paper will review the available literature on the influence of public perception and media on the formulation of justice policy. The Office of Crime Prevention recently released a crime statistics report, Turning The Corner 2007: Recent Crime Trends in WA. The report demonstrated impressive decreases in crime with decreases in some key crime categories of between 20-60%. Despite this, subsequent media portrayals were of an increase in crime. This report will be supplemented by overviews of local and interstate „perceptions of crime‟ surveys and a discussion of the influence of public perception and portrayal on justice policy. 42 Emily Tilbrook, Alfred Allan & Ricks Allan Edith Cowan University Public perceptions of gender differences in intimate partner violence: Implications for jury decision making The idea of jury gender bias in cases of intimate partner violence was investigated through an examination of public perceptions of intimate partner violence. An experimental design was used to investigate whether or not the gender of the perpetrator and/or the participant, influenced the general public‟s construction of the behaviour, and their perception of violence and fear levels. It was found that stalking, physical, threats to physical, psychological, and sexual assaults are all considered to be types of intimate partner violence. Additionally, public perceptions about perpetrator gender differences in intimate partner violence are based on perceived outcomes of the violence rather than on whether the violence is defined as a type of violence. Therefore, it is possible that juries may be more likely to convict a male than a female perpetrator of intimate partner violence as male perpetrated intimate partner violence is perceived to cause more damage to the victim. Also female jury members are more likely than male jury members to convict a perpetrator of intimate partner violence as females perceive intimate partner violence to cause more damage than males. From these findings it is recommended that juries contain an equal representation of both males and females and that public awareness is raised to the possibility of female perpetrated intimate partner violence, so that male and female perpetrators may receive equal treatment in court. 43 Patrick F Walsh Charles Sturt University Grading the report card on law enforcement intelligence and its impact on justice This paper will examine recent trends in evaluation methodologies aimed at „measuring‟ the impact of law enforcement intelligence on decision-making processes. It will also highlight key areas where more research is required to progress evaluation methodologies. Developing rigorous evaluation methodologies are required given the increasing scrutiny intelligence agencies are under by their political masters, the media and community. Since 9/11 there has been an exponential growth in the resources of agencies with significant intelligence capabilities such as the AFP and ASIO. However, are governments rewarding „success‟ or „failure‟? A range of public inquiries in Australia such as the Flood Report (2004) and similar ones in the US (9/11 Commission Report, 2002) and the UK (Butler Report (2003) have highlighted significant organisational failures in many intelligence agencies. However, initiatives such as inquiries that have illuminated the problems, a growth in funding and talk of reform have not generated ways to evaluate the „intelligence dividend.‟ Whilst the literature suggest there is growing interest in the area of intelligence evaluation methodologies (Wirtz, 2006; Betts 1979, & Zegart, 2007) there is still a preoccupation in many of them with notions of „intelligence success and failure‟ rather than a more empirical pathway that can show what works and why. , The paper concludes with a call for a more holistic evidence based research agenda for intelligence and a description of what should be on that agenda. 44 Maggie Woodhead Western Australia Department of Corrective Services Incubated in terror- growing up to terrorise: The implications for domestic violence group work interventions This paper will present a brief overview of the commonalities in childhood experiences gained through an electronic file search of those 260+ community- based clients in the metropolitan area waitlisted or currently attending a domestic violence group work program. It is acknowledged that this is very preliminary research and one aim of this paper is to stimulate interest in others to take this nascent research further; seeking out missing quantitative data through physical file searches and including more in-depth qualitative data via interviews. The implications of accepting and embracing this information within domestic violence group work programs are then considered. A model for a program that is based on incorporating the adult client‟s experiences of being „incubated in terror‟(Perry 1997) as a child, and carrying that experience into their adult life of terrorising others will be presented. Discussion will be invited as to how making the space available to consider childhood experiences as the primary drivers for offending can be utilised in ways that actively encourage responsibility-taking by the client for their actions as the terrorising adult person we meet in the Justice system. 45 David Wray Western Australia Office of Crime Prevention Entertainment Precincts There is a growing concern within the community regarding the increase in antisocial behaviour and alcohol fuelled crime and violence in and around licensed premises collectively know as entertainment precincts. Violence on the streets or in nightclubs, whether gang related or the consequence of drunkenness, stupidity and/or hooliganism, creates fear in those wanting a fun and safe night out. Statistics show a considerable amount of violence, harm and antisocial behaviour can be directly attributed to the consumption of alcohol and perpetrated by intoxicated persons, usually, male. Besides Northbridge, Perth has a number of entertainment precincts, including, Fremantle and Subiaco, Leederville and Scarborough. There is evidence to suggest that these areas are now experiencing elevated levels of crime and antisocial behaviour. There are also entertainment precincts in many regional areas, including Mandurah, Bunbury, Geraldton and Kalgoorlie – all experiencing high and disproportionate levels of assault. This paper proposes approaches for creating and maintaining law and order in and around entertainment precincts. It also aims to provide an overview of the problems associated with entertainment precincts and possible strategies to deal with them and management of entertainment precincts in a policing context.
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