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2b

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Drift and Neutralisation Sykes and Matza (1957): o There is little qualitative difference between offenders and non-offenders (esp. juveniles) o Delinquents engage in non-delinquent behavior most of the time o Therefore positivist tradition is undermined by this o Most delinquents eventually opt out of a delinquent lifestyle Limitations of crime theory Theories of crime causation are not scientific formulations a logic that attempts to relate events to another Sense-making: construct marratives that thread causal relationships between events, individuals in the events and the social context Causation theories contain assumptions about human nature, society and social relations, and the purpose of lime and definition of crime

3 Graffiti (vandalism)

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What is graffiti vandalism A crime: it is the act of marking or defacing premises or other property without permission - NSW Involves markings applied to a publicly visible surface without the property owners consents, that are not easily removed VIC Common views o Crap o A rush o Nice feeling o Good when it looks nice o Just writing on the wall o Just what people do Art vs. vandalism depends on context

Graffiti as a crime High political profile polarizing o Perhaps disproportionate to its objective impact o Wide views on its severity, social impact, social reflection o Individual acts of graffiti not bad, but as a whole it creates an impact and message of lawlessness Graffiti as a business Graffiti industry of graffiti-removal Seriousness Graffiti qualifies as malicious damage, as a minor offence VIC legislation o two years imprisonment, $28 000 fine for graffiti o preventative legislation Key dichotomies/binaries Art Crime Order disorder Purity danger Public space private space Responsible citizen criminal other 1

How much graffiti is there? No-one really knows Measurement by how much it costs to remove it o $40 million (NSW rail corp 2010-11) o $1.5 billion (across Aust annually: Lib. Party Bennelong member) o $30 million (WA, per year) o $5 million (Melbourne, per year) Police statistics o Apprehended graffiti offenders This ignores a lot of the crime as it is only those who are apprehended Increases in numbers does not necessarily indicate an increase in the crime, but perhaps a police-focus/crackdown

Who is the offender? Popular media portrayals o Address social issues, friendships, social classing, community, classification as crime o Wide range of views: opposites o Young, uncaring, non-cooperative, impressionable o Organised criminals: destroyers of cultures, gang members, criminal careers o Hoons: malicious, artistically inept o Ego-centric: middle-class Relevant criminological theories and concepts Mainstream accounts (social audience: police, government, volunteer removal groups, transport authorities) o Defective personality: inability to control rebellious impulses o Malicious thoughts: desire to do harm o Hanging around with the wrong crowd o Disrespect for authority and rules o Structural disadvantage socio-economic Theories that underpin these theories o [Defective] Personality theory: graffiti caused by a defective personality (e.g. inability to control rebellious impulses) Draws on Freudian theory: the healthy human mind has the right balance of Id: unconscious and unrestrained desires governed by pleasure, 2

Ego: rational thoughts which hold desires in check, via reference to reality, Superego: sufficient incorporation of societal norms and expectations Suggests an unsuccessful transition between these stages disharmonious Criminals are over-governed by the id graffiti writers are governed by pleasure principle, rather than the giveand-take necessary in a society Graffiti writes are different in type from those who do not write graffiti personality traits are different between the two o Maliciousness: a desire to do harm psycho-pathological tendency o Hanging around with the wrong crowd Differential association: criminal behavior learny in association with those who define crime to be a good thing Learnt through interaction with social groups (e.g. graffiti crew) Learning of skills, as well as motives and attitudes o Disrespect for authority and rules Social control theory: crime comes out of a failure to bond/connect with those who favour the law (family, peers) Norms have not been adequately internalized o Structural disadvantage: Disrespective, impulsive, malicious, undereducated, poorly connected/involved + low socio-economic class = structural disadvantage Strain theory: goals/means discrepancy Responses to strain: Goals: material success, financial rewards Means: education, hard work, positive peer associations, stable upbringings Adaptation to strain: conformity, innovation, ritualism, retreatism, rebellion Characteristics of a Good theory? Take account of graffiti cultures Historically and politically aware Reflexive about definitions what is graffiti? Narrative-informed 3

Potential theories Drift theory (Matza) o Delinquent leads a conventional life, but drifts from this o Eventuall grows out of it Labelling theory (Becker) o Graffiti is only criminal because society labels it as so o The more graffiti writers are responded to by police etc., it becomes a part of their culture Edgework theory (Lyng) o Focus on emotional and visceral aspects of peoples lives o Risk-taking as an escape from the realities of day-to-day life

Good theory?

4: Animal Cruelty
Why examine animal cruelty

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Central (if unconscious) role played by animals in human life Link between interpersonal violence and violence to animals -->> violence graduation hypotheses Investigate limits of the law in controlling animal cruelty Expose tendency for criminology to investigate only human crimes

(mis)use of animals Economic: agriculture, vets, breeders, shooters, meat export Industrial: leather, wool, fur, feathers, meat Ecological: biodiversity, ecosystemic health Medical: organ transplants, cancer remedies Sport/entertainment: rodeos, bullfighting, racing, circuses, film Consumer safety: animal testing Educational: zoos

Criminology and animal cruelty Outside general frame of criminological theory Delineation between harm against individuals and that against animals Consideration of animal cruelty takes a very limited view Humans tend to privilege human wellbeing over non-human wellbeing Criminal justice system overburdened by far more serious or urgent forms of harm? Perception that animal cruelty is rare and abnormal, narrowly confined Perspectives on humans and animals How we think about animal cruelty depends on philosophical viewpoint of those defining it

Philosophical approaches Anthropocentrism o Holds humans as central concern treatment of animals viewed against human needs, position relevant to needs of humans Biocentrism o All forms of life are equal in value 1

o Advocates the wellbeing of all life, as opposed to just human life Ecocentrism o Emphasizes humans location within a broader ecosystem o All animals have a place in keeping the ecosystem functioning Different views on how to deal with/understand animal cruelty, based on range of philosophical approaches: what is animal cruelty, how to determine legal responses

What is animal cruelty? Legal definitions o Cruelty Abuse, torment, terror of an animal Provision of basic necessities Unreasonable pain or suffering o Aggravated cruelty Cruelty eventuating in death Does not give animals rights, but places responsibilities on people Based on animal welfare, rather than rights RSPCA distinctions o 5 part classification: Companion animals, farm animals, sport and entertainment animals, research and experimentation, wildlife

Stats Few investigations result in a conviction/fine Studies: 97% offenders male, under 18, adolescents offend in a group, 90% adults act alone Studies of reasons for cruelty: fun, anger, fear, revenge, sex Studies of motivations: fear preemptive attack, child abuse displacing own victimization, imitation of adult, rehearsal for interpersonal violence, vehicle for emotional abuse, retaliation

Conclusion from academic analyses Studies built around archetypal cases Young boys/men wantonly cruel to companion animals Explanations predominantly concerned with personality, psychological defects Legal definition quite narrow 2

Targets individuals , as opposed to industry

Legal model of animal cruelty Welfare-based approach over a rights base approach Focuses on humans acting reasonably, consider welfare Relies upon notion of reasonablenessharm only prohibited where deemed unnecessary Law concerned primarily with the welfare of companion animals Avoids consideration of the ethics of animal-human relations overly pragmatic: needs of humans > rights of animals Redefining animal cruelty ethically Consider animals as individual beings Welfare of a sentient animal is determined by its capacity to avoid suffering and sustain fitness Examples

Chickens: battery hens Pigs: slaughterhouse/raising in high-density Sheep: fly-strike muelsing, exposure/startvation Live animal exports: sheep middle east: conditions, cattle SE Asia: no vets, temperatures, conditions

Accounting for systematic cruelty Broader structural dynamic makes harm to animals possible Account for social and cultural practices which contribute to the harmful use of animals o Consider how the animal is viewed o Not inherently valued as an entity/being with sould, but in accordance with its essential productive attribute: meat, leather, speed, milk depersonalisation o Conceptualizations of animals are bound up in discourse Discourse analysis Michel Foucault Understanding of the world dominated by bodies of knowledge that we accumulate/learn/develop Bodies of knowledge come to be taken for granted 3

Discourses are practices which systematically form the object of which they speak becomes so dominant it may eventuate to be the truth Discourses embody speech, thought, action construct it Bridges the distinction between language and practice

Explaining suffering (en masse) How do we explain the types of suffering perpetrated en masse everyday by ordinary citizens? How do we get in volved? Conditions for initial involvement Pork industry investigation o PIH (Pig industry handbook) is based on a series of implicit assumptions designed to justify the confinement and exploitation of pigs in high intensiry harms o Generally neg. social attitude towards pigs reflected in official texts selfish pig filthy swine etc. o PIH effectively redefines the entire species from a sentient animal to something we can kill and eat Redifined as only having utility to humans Done by talking about animals in essentialist terms attribute to them and overriding function enabled by views that animals are unable to reason, to feel pain or to recognise their own mortality Participating in animal cruelty: initial involvement Stibbe: we become party by engaging in terminology which: o denies uniqueness accorded to new identity of flock or herd nonhumans not seen as individuals animal unit swine enterprise emphasis on profit or loss disease a risk to the farm if in a herd, not an individual pig Naming of pigs done by utility: nursery pigs, market hog, slaughter hog o denies sentience expressions presuppose pigs are machines inanimate objects boar power sow breakdown sow durability o denies affections 4

optimal performance optimal thermal conditions for pork production Language removes sympathy, does not accord feeling to pigs

Continued involvement E.g Dogmen o 4 main neutralization techniques: denial of injury its natural, right condemnation of condemners no worse than the press has slandered us ive seen worse fanatics are worried appeal to higher loyalties tradition, part of culture sanctified by history metaphor of ledger we are good/special people emphasies the merits association with royalty/authority were respectable, pay taxes, fly the flags dont penalize us for one rule bending not career criminals

Final points: Animal cruelty can be defined legally or ethically varies quite a bit Animal cruelty can be malicious, sick intentions Can also be a socially constructed and neutralized act mass level in industries

High speed pursuits

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Context Largely ignored by criminologists until recently Most experience vicarious: new, film, books etc. Deemed newsworthy due to vision of good cops tracking down bad criminals Paraphernalia of the chase: road spikes, excessive speeds, running red lights, convergence of police after a lone offender, armed and dangerous offender (potentially), potential for things to end badly takes away from mundane life Consequences A majority end up in a collision Police often injured Innocent bystanders Australia deaths during motor vehicle pursuits 1990-2008 o Total: 163 o Indigenous: 40 o Non-indigenous: 123 o overrepresentation of indigenous people o Victorian deaths: 29 o Majority male 90% o Mean age at death Indigenous: 22 Non-indigenous: 25 o Over half under 25 were aged 16-19 years Preceding factors (of cases in which people died) Theft-related 48% o (stealing a car) Traffic 39% o (avoiding breath test, speeding, red light) Violent 6% Drug-related 2% Over 90% are a result of non-violent incident debate over whether the pursuit is justified: police integrity/opp. cost Context 1

Car theft Why some car related offences evolve into high-speed pursuits Why individuals engage / why police engage

High-speed pursuits: stats Adelaide study o 97% male o Average age 22 years o 70% unemployed or unskilled o 42% unlicensed o 76% + BAC, 64% BAC > 0.10 o 55% prior convictions irreverence for the law British study o Age 14-25 o 98 males, 2 females (/100) o 91% had been chased by police o 1/3 deemed being pursued being bad/unwanted experience suggests some people like it o 14% reported getting away from police surpassed other experiences of car theft Car theft statistics 2011/12 60,000 vehicles recorded by police as stolen across Aus Same period in VIC: 16,000 Rate of car theft dropped for a decade, last financial year has seen an increase 68% of stolen cars are recovered Juveniles (age 10-17) have an offence rate over twice as high as adults. 450 juveniles/10,000 juvenile pop. compared to 220 adults /10,000 adult pop Rewards of auto-theft Money 30% of Aus. Cars stolen for profit Money made through chop shops, or stripping cars Ram raids 2

Looking good and being seen flossing = cruising in a stolen vehicle to create an impression of affluence method of performing style Going places Short-term transportation Living for the moment Hedonism: short term pleasure without regard for long-term consequences Adrenaline rush Getting even Revenge crime Minimal prevalence Staying low Anonymity reduce change of getting caught for other crimes

Motives

Adrenaline/Rush/Fear and excitement Testing driving skills Fear of police Reacting to police o Not an isolated event o Police response integrated with outcome Initial reasons for pursuit o Traffic/driving violation 25% o No number plates 16% o Failed to stop for RBT/license check 11% o Stolen vehicle 29%

Theories and explanations Key facts to be addressed o Overwhelming majority are unemployed males under 25yrs o Approx. 50% have had prior infractions with the law, do not hold current drivers license o Over 90% of incidents begin due to traffic violation or theftrelated incident 3

o Offenders come to love the thrill of the chase o Motivated by a desire to get awat form police rather than desire to inflict injury o Most unlikely to be deterred by penal sanctions o Structural factors Economics, politics, law, education, family, neighborhood o Situational factors Immediate environment: peer network, lack of capable guardians, risk, reward o Cultural factors (discourse analysis) Popular and political devides through which structural and situational factors are interpreted Media, film, tv, radio, art, internet, books, crim. Courses, public policy o Asygnifying practices (non-discursive variables) Emotional innter feelings and affective states which invest all persons but which are not reducible to categorical terms (extroversion/introversion) or binary schemas (rationality, irrationality; sane/insane) cannot be easily measured or understoon Social Ecology (structural factors) City = criminogenic force 19th C industrialization saw small provincial towns grow into massive urban jungles infrastructure, services, employment lagged behing population growth creation of slums, ghettoized neighbourhoods

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8b Graffiti to Terrorism

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* Knowledge about sexual assault restricted by underreporting Role of the Justice system Sexual assault imprisonment o 143, 900 victims > 19781 victims reported by police > 1, 934 defendants heard in court > 1, 510 defendants found guilty > 1, 339 defendants received a custodial sentence o Legal accountability for very small percentage of cases WHY? Often a relationship between the victim and offender 30% in aus perpetrated by a family member, 43% by someone known to victim Rape victims take longer to report their victimization if they know the offender o Reasons for attrition Attrition process: identification as a victim, police decision-making, prosecutorial decision-making, legal strategies in the court room, jury, sentencing Social construction of the victim Objective fact of victimization Who recognizes you as a victim (and the fact that you need to be recognized) o Criminal justice audience (police, prosecutors, defence counsel, judges and juries) For a legal result, you must be recognized by them o Peers, family, social groupings o Yourself Recognition and status as a victim depends on complex interactions between different groups The ideal victim N. Christie, Norwegian criminologist o Weak: sick, old, very young o Victimized while doing something respectable o Victimized while in a reasonable place o Offender is big and bad o Offender unknown, no relationship o Victim has sufficient power to make victimization known 1

people who dont fulfill this criteria less likely to be accepted and recognized as victims, especially by crim. justice system

Decision to prosecute Reasons to proceed Victim/survivor is o Credible, reliable o Consistent in evidence o Can recall all facts o Distress o Corroboration: visible injuries, eye witnesses, medical evidence o Recent offence Reasons to discontinue o Material that will undermine victim credibility (e.g. mental illness) o Inexplicable internal inconsistencies o Drug/alcohol use, shock distorted memories o Vindictiveness or other motive to lie o Conflicts with other evidence o Delayed complaint ** none of this pays attention to the event, but to the victim two similar offences will be treated differently based on different assessments of the victims

Sentencing Actual sentences dependent on relationship between offender and victim o Husband/wife, de-facto relationship may receive lesser sentence than rape by a stranger Conduct of victim o Foolish behavior, unintentional provocation can reduce sentence Victim is a prostitute 2

o Prostitute may be considered not to feel the same shame and defilement lesser sentence Reforms Growth in victim support and advocacy groups Vic. Legal Aid Law reform and procedural changes o Improving police response o Improving court efficiency o Easier to give evidence o Training for prosecutors and judges o Theories of sexual offending Psychological theies: o past experiences of a man that lead him to rape Cognitive theories: o how to offenders come to justify their sexual offending ** Not all convicted sex offenders can be considered representative of all sex offenders that there is a specific type of victim that goes to court suggests the offenders have certain attributes Evolutionary theories: o why has rape endured as a feature of human nature? Socio-cultural analyses Role of power o Not just about sex, but imbalance of power o Abuse of power unequal status of perpetrator and victim

Feminist perspectives of sexual offending Rape is a form of social control whereby all men keep all women in a state of fear bonding between men, weapon of force against women, principle agent of power

sex and sexuality or violence? Redefinition of rape in some discourses as violence removes connotations of entirely sexual act STRONG opposition by militant lesbians o Heterosexuality is commonplace rape? o Rape is thus consequence of the eroticized dominance of heterosexuality

9 - Armed Robbery

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Definition ABS: unlawful taking of property without consent, accompanied by threat of force or force. Victims can be persons or organisations Law two categories o Armed: robbery conducted with the use of a weapon: an object used to cause fear or injury, including imitation or implied weapons o Unarmed: robbery conducted without the use of a weapon (threat can still be there, e.g. a fist) Legislation VIC: liable to level 2 imprisonment

Trends Victims o primarily male 15-29 o women much less Robbery location o Primarily street/footpath 46% o Retail 23% (but higher proportion for armed) o Residential 8% o Weapons o Knife 47% o Firearm 18% o Other 22% o Bat/bar/club 7% o Bottle/glass 3% o Syringe 3% Robbers o Most under 30 (largest group: 16-24) o 90% are male o unskilled/uneducated o multiple offending histories average 7 armed robbery charges o Frequently work alone o Average take 1

Firearm: No firearm: Victorian data o 943 individuals sentence between 2006-7 and 2010-11 o 93% male o Knife was the weapon involved in 59% of armed robberies o Retail locations targeted in 56% of armed robberies, street next most common location o Armed robberies at banking locations uncommon (2%) Banks more secure: target hardened o Majority of offenders previously sentenced for other offences but not convicted of armed robbery o 1/5 armed robberies featured physical violence o 84% given immediate criminal convictions

Typology Opportunistic street muggings 40% o Street/public place o Demand wallet, wallet, mobile o Proceeds small o Weapon often knife, or whatever is at the offenders disposal Rock, baseball bat, timber etc. o Spontaneous, little planning Amateur retail armed robbery 37% o Retail location o Amateurs who execute robbery ineptly, lack armed robbery experience o Targets tend to be more accessible o Evidence of little planning o Weapons usually a knife o Proceeds often small, usually money o Robbery usually abandoned Professional armed robbery 33% o Retail location/bank o High level of planning Rational and deliberate process among equals o Disguises 2

o Offenders give instructions to victims regarding denominations of money o Firearm use more common o Large proceeds (high monetary reward) Concerned with the rapid accumulation of money o Career robbery Conducted through partnerships Lone, systematic robbers are rare Explaining Armed Robbery Rational choice theory o Assumes offenders seek to benefit by their criminal behavior: decision making and choices, but constrained by time, cognitive ability and information o Maximize reward, minimize risk o Planning the robbery o Violence understood as an offenders response to victim resistance gain control over an unpredictable situation, ensure victim compliance o Violence, injury and death of victims is seen as the outcome of a calculus of force o Violence is a sign of an offenders rationality or irrationality Routine Activity Theory o Move away from deep structural theories heavily used in crime prevention o practical side of Rational Choice theory o discusses choices offenders make in everyday life o Three central elements of crime event 1. A likely offender Anyone can be an offender (with the combination of other elements) Better candidate = young male, low SES, does poorly in school etc. A lazy person: well-informed, forward-looking people do not make the shortcuts a criminal offender does 2. Suitable Target 3

Various factors were given as why people saw a bank was a good target 3. Absence of guardian (of target) Investigation having gone into a crime actually quite minimal: level of planning can be quite low Crime more or less likely depending on how well these elements come together Problems with these theories o Reward-risk calculations implicit not evident in interviews/accounts o Especially opportunistic robberies, but also in professionals o Not a matter of dumb robbers o Something else going on Strain and Material Need o Primary motivations Fund a particular lifestyle, e.g. fund illicit drug use Pay for basics food/shelter/family Unemployed o These result from Disjunction between goals/means Pressure/strain Innovation new means to cope with this Identity theft o Limited means among offenders unemployed, 62% social security recipients, 13% unemployed without any assistance o Disjunction between goals and legitimate means to achieve those goals Frustrations over the haves Pressure: not able to get what you need, first thing on your mind o New means to cope with strain: Innovation o Misunderstandings of Strain Theory Enjoying the life and rewards of crime seductions of crime, rather than seductions of material life Alternative risks and rewards Intelligence idea of the robbery as a reward Power, excitement, masculinity 4

Alternative rewards of committing armed robbery o Feeling of power not covered by structural theories subjective high of being in control Doing the stickup Katz: concerned about the moment of crime, attraction in committing the crime Subjective moral advantage The would-be robber gathers the notion that they have the competence to control the situation Declaration Public announcement: wholehearted commitment to the crime success o Masculinity Have to be a hard man What it means to be a man: seek adventurous situations, demonstration of willingness and eagerness to break the law, tempt danger, spend criminal rewards Masculine posturing Participate in heavy drinking/drugs, talking about crime, social interaction around crime =

Hate crime

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Definition Most commonly motivated by prejudice, bias or hatred towards Usually a stranger member of a group which is hated Type of crime characterized by motivations rather than distinction in the act itself Motivational patterns, rather than systematic expressions in the criminal law Legislation Substantive Offence Model o WA criminalizes conduct that racially harasses others or incites racial animosity o Most state: anti-vilification laws (rather than criminal laws) within anti-discrimination civil wrong of discrimination and criminalizes it in some circumstances Penalty enhancement model o Imposes additional penalties if offence is motivated by prejudice (common overseas, only WA in Aus) Sentence Aggravation Model o Courts have discretion to increase penalties if offence motivated by prejudice Vilification laws define = actions/words in public that express prejudice o Types of prejudice: race, colour, nationality, descent, ethnicity, religion, homosexuality, HIV AIDS o Types of conduct: speeches, graffiti, abuse in public, posters, stickers, badges/clothing bearing slogans, statements made in media forums o Criteria for vilification Conduct occurs in public Likely to incite haterd among other people Exempt conduct: fair report by the media of someone elses, acts done reasonably and in good faith for academic, artistic, scientific, research or other purposes in the public interest 1

statements made in parliament context in which theyre done which makes them vilification Distinction between vilifications and crime o Racist violence = definitely a crime racial vilification lawful unless regulated by specific racial vilification legislation

Hate crimes in Australia 1991: 950 complaints of violence from people of ethnic minority backgrounds o 66% verbal abuse, 12& physical abuse 2005 intl crim. Victimization survey o middle eastern and Vietnamese: 50% attacks racially motivated, 1/3 physical attacks ractially motivated Forms of hate-based violence o Homicide of gay men Beating most common cause of death High proportion killed by stranger Exceptional brutality Often carried out in groups o Violence/verbal abuse against those perceived to have HIV o Verbal abuse and intimidation against lesbians o Racially motivated violence Statistics US hate crime statistics 2011 o (US hate/bias motivation is not a legal category, but a narrative addition of a responding police officer) o 7300 offences reported (because of lack of explicit legislation, but simple annotation on a report) o Crimes against persos 64% Intimidation 29% Simple assault 22% Aggravated assault 9% UCR Hate Crime 2011 o Incidents = 6600 Race motivation 48% 2

Anti black 72% Anti white 17% Anti Asian 4% Anti American indian 2% Religion motivation 18% Anti-jewish 59% Anti Islamic 13% Anti catholic 5% Sexual orientation Anti-male homosexual 58% Anti-homosexual 28% Anti-female homosexual 11% Ethnicity/national origin 12% Anti-hispanic 57%

Motivations in Hate crime McDevitt, Levin, Bennett [169 police fiels 1991-1992] Motivations o Thrill 66% = desire for excitement or thrills 90% of offenders leaving their own neighborhood in search of a victim desire to display power, experience a rush at the expense of someone else o Defensive 25% Motivated by seire to protect and neighbourhood/community from others send a message o Retaliatory 8% Payback Truth irrelevant o Mission > 1% Rid the world of evil Offender finds like minds (e.g. KKK) Types of motivation characteristic of attack o determine culpability of apprehended offenders o forensic profiling Basic underlying factor = bigotry 3

Theorising motivation Thrill seeking edgework o Getting out of a rut of life o Poor fit: not really the challenge and risk of death for the offender Defensive hate and social disorganization o Population turnover and hereogeneity no shared balues or common experiences to fix crime Retaliatory hate and moral panics o Demonization of some sections of society: identification of subversive minority o Simplification ofcause o Stigmatization move towards doing something about it Mission hate subcultural perspectives o Status frustration status through illegitimate means o Subcultural resistance

Intolerance prejudice and violence in Aus Australian indigenous experience o Violence, harassment, intimidation o Worse than that against non-english backgrounds o Racist attitude and practices continue Chinese in Australia o 1832 assisted migration 1855 tax on chinese immigrants, restrictions o First anti-drug legistlation against Chiense o First legislative acts included Pacific islands labourers act Immigration restriction Act Anti-semitism o 1960 Eric Butler National League of Rights threat of intl. Jewish domination denial of holocaust white Christian supremacy 4

inferiority of Africans and Asians Dangers of non-white immigration Neo-nazism o 1960s Nationalist Socialist Party o 1970/90s National Front of Aus, Aus National Alliance, National Action o 1984 Jack van Tongeren o National Action firebombings, Jim Saleam

Complexities 200 Sydney Gang Rapes o 9 lebanese men convicted to a total of 240 years o Bilaf Skaf sentenced 38 years o Offences described by some as hate crimes Victims chosen on base of race importance of race Yes: victims chosen on basis of, and vilified during rape for their race No: their actions werent associated with their race, labeling on a basis of race can incite racial hatred against all members of that community Responses to Hate crime 1. Anti-discrimination and vilification laws 2. Penalty enhancement and sentence aggravation laws 3. Targeted policing of organized groups i. ASIO: politically motivated violence targeted extreme rightwing and racist groups 4. State police special units target left wing groups Policing contribute to the problem Intolerant and violent policing Neglectful policing, racial profiling Cronulla, 2005 Timeline o Attack on lifesaves by Lebanese men o 5000 people assempbled peacefully --? Multiple assaults on people of middle eastern appearance 5

o plaquards hatred o retaliatory attacks Motives o Fear o Being an Australian o

Homicide

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Homicide = The killing by whatever means of one human being by another (context that renders it legal/illegal distinct from murder, manslaughter) Lawful o War o Capital punishment o Police in proper pursuit of their duties Unlawful o Excusable reasonable self-defence, Manslaughter Voluntary manslaughter = partial defence to charge of murder Somebody dies as a result of initial actions Provocation (abolished in Victoria) Defensive homicide o Only applied twice in Vic: originally intended as a defense for women who had been repeatedly abused by their husbands Excessive self-defence Substantial impairment (e.g. alcohol, drugs) Infanticide (mothers killing child during lactation period) result of savage postnatal depression Involuntary manslaughter Usually defined by gross negligence Culpable driving Murder = when a person intentionallyor recklessly kills another or inflicts severe injury on another person who dies as a result Maximum penalty life imprisonment Australian Homicide Patterns Reporting usually highly valid and reliable compared with other offence categories 1

o Dead bodies obvious, provide evidence, triggers significant social response and investigation (coronial inquests etc.) Official data better reflects the reality of homicide patterns as compared to other offences Police clear homicide cases at a higher rate between 85 and 90% o high rate of known offenders higher empirical knowledge of other crimes Rates 2008-201 o Homicide rate 1.2/100 000 population relatively rare event o Rates declining, now lowest in two decades o 510 homicide incidents, 541 victims, 611 offenders few multiple deaths o 68% victims male o 88% offenders male: very specifically gendered crime o 49 victims Children 17 and under, mostly killed by a parents o indigenous people 4 times more likely to be victims than nonindigenous people Murder vs. Manslaughter o Proportion of murder vs manslaughter determined at point of conviction: many originally charged with murder

Varieties of Homicide Stranger Acquaintance Domestic o Intimate partner homicide o Infanticide o Filicide = killing of children o Parracide = killing parents o Siblicide = killing of siblings Other family homicide Stats 2

Killer o Unaccounted 13% o Stranger 13% o Acquaintance 37% o Member of your family 36% Relationships in domestic homicide o Intimate partner 66% o Filicide 12% o Parricide 11% o Siblicide 2% o Other Family 9% Varieties of homicide sex differences o Male Acquaintance 47% Family 21% Intimate partner 44% Strangers 15% o Female Family 66% Intimate partner 78% Other family 22% Acquaintances 16% Strangers 9% Where to be killed o Someones place 61% Yours 45% Killers 9% Someone elses 7% o Street/open area 25% o Unknown/other 14% When to be killed o 6pm 6am 59% o Saturday/Sundays o Anytime of the year but April safest, May the most dangerous How are you going to get killed o Domestic homicide (more likely to be female) Stabbed 43% Beaten 19% 3

Shot 10% Strangled 9% o Acquaintance homicide (more like to to be male) Stabbed 42% Beaten 26% Shot 14% Strangled 4% o Stranger homicide Stabbed 26% Beaten 52% Shot x% Motives (snapshot, court transcripts better) o Domestic homicide Domestic argument 49% No apparent motive 33% o Acquaintance homicide Money/Drug possession 23% unspecified argument 21% Alcohol-related argument 12% Revenge 8% No apparent motive/unknown 25% o Stranger homicide Unspecified argument 21% Alcohol-related argument 20% Money/drugs possession 12% o No apparent motive angry over another incident to be a beneficiary of a will etc. Racial vilification o 5% stranger homicide o Sexual vilification Homicides originating in other crime o 13% had a precipitating crime 23% robberies 23% violent crimes 17% drug offences 6% sexual assaults How much am I like my killer? 4

o Drinking Domestic victims drinking, 36% offender drinking acquaintance murder 46% victims,43% offenders Stranger murders 18% victims, 19%offenders o Both more likely to be unemployed 36% offenders emploted 44% victims employed o Age Female Victim ave 39, offender 37 Male Victim 39, male 33 o Prior criminal record Male offenders 67% Assault 26% Male Victims 54% Female offenders 34% Drug offences Assault Female victims less Serial Killers Visionary = driven by voices or visions Mission-oriented = duty to eliminate individuals they consider unworthy Hedonistic = Power/control group Explaining homicide not all the same, but some linkages Develop theory by looking at classifications, cases, patterns 5

Circumstances of three most prevalent forms In context of Sexual intimacy Typically men killing women o Profile 1 history of violence towards woman Possessiveness and sexual jealously Premeditation o Profile 2 Older partners where male acquires depression murder-suicide o Profile 3 Discarding one partner to take up another o Profile 4 Women kill partner as a result of a history of abuse Gender a crucial factor, males exhibiting specific behaviours Originating from family intimacy Typically killing children o Profile 1 (1 in 3) battered children: bad treatment of children leading to eventual death o Profile 2 Child murder as revenge children as chattels in dispute between male and female Predominantly male offenders Child murder before suicide o Profile 3 Children killing parents, siblings killing each other much more rare ..Filicides 1997-2008: 291 children victims of filicide, 90% killed by one parent By father 48% By mother 44% By both 8% Intl studies: filicidal mothers more likely to o Act for altruistic motives believe the child will be better off 6

o Be diagnosed with mental illness o Be primary carer for the child o Be victim to domestic violence Filicidal fathers more likely to o Perpetrate fatal child abuse o Previously been violent towards their partner o Act in retaliation towards their partner o Kill their partner as well as their children in these cases, gender not believed to be a dominant factor, but: gender lense required there are aspects that separate women and men Confrontational homicides

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