109 research outputs found

    ‘Cruel and unusual punishment’: an inter-jurisdictional study of the criminalisation of young people with complex support needs

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    Although several criminologists and social scientists have drawn attention to the high rates of mental and cognitive disability amongst populations of young people embroiled in youth justice systems, less attention has been paid to the ways in which young people with disability are disproportionately exposed to processes of criminalisation and how the same processes serve to further disable them. In this paper, we aim to make a contribution towards filling this gap by drawing upon qualitative findings from the Comparative Youth Penality Project - an empirical inter-jurisdictional study of youth justice and penality in England and Wales and in four Australian states. We build on, integrate and extend theoretical perspectives from critical disability studies and from critical criminology to examine the presence of, and responses to, socio-economically disadvantaged young people with multiple disabilities (complex support needs) in youth justice systems in our selected jurisdictions. Four key findings emerge from our research pertaining to: (i) the criminalisation of disability and disadvantage; (ii) the management of children and young people with disabilities by youth justice agencies; (iii) the significance of early and holistic responses for children and young people with complex support needs; and (iv) the inadequate nature of community based support

    The copyright reward system and content owners in the creative industry: a study of the Malaysian film and TV industry

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    The creative industry is identified as one of the key drivers to move Malaysia into a high income and knowledge‐based economy. Copyright law and complementary policies were used as measures to stimulate the creative industry. However, the industry's growth is far from the expectation. This leads to a two‐prong inquiry. First, the paper attempts to examine the adequacy of copyright rules and provisions in securing the rights of the creators and provide them with the motivation to produce more creative works. The aim is to explore the dynamics between the various copyright beneficiaries in the creative industry in Malaysia to understand what are the actual problems that deprive the copyright owners from reaping the full value of the exclusive rights granted to them. The second objective is to examine whether the copyright provisions are aligned with complementary policies implemented to boost the creative content industry. Our primary contention is that both the legal reforms and complementary policies used to support the industry need to be revisited. The legal reforms must be aligned with the structure and dynamics of power in the industry to give all the beneficiaries an equal bargaining plane to take advantage of the copyright system
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