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                                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
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                     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 m.mitchell@ecu.edu.au 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
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                      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
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                        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.
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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
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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
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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
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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
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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
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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?
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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
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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
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                               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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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