208 research outputs found

    A little respect: Swearing, police and criminal justice discourse

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    Ā© The Author(s) 2018. This article interrogates a commonly articulated idea in relation to the criminalisation of offensive language: namely, that swearing at police challenges their authority and thereby deserves criminal punishment. Drawing on critical discourse analysis, the article examines representations of swearing at police officers in offensive language cases and parliamentary debates, including constructions of power, authority and order. It contributes toā€”but also denaturalisesā€”conceptions about police power and authority in the context of public order policing. The article argues that criminal justice discourse plays a significant and often underā€acknowledged role in naturalising the punishment of swearing at, or in the presence of, police officers

    Cheap and Efficient Justice? Neoliberal Discourse and Criminal Infringement Notices

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    Criminal infringement notices (CINs) are now a familiar component of the criminal justice system, especially in the policing of public order and minor offences. Successive Australian state and territory governments have implemented CIN schemes with the objective of reducing administrative demands and trial backlogs, cutting down on paperwork, freeing up police time, saving costs and keeping police ā€˜on the beatā€™. This article examines how CINs have been rationalised on the basis of neoliberal economic values, which have overshadowed ordinary criminal justice concerns of morality and responsibility. It focuses on the introduction of criminal code infringement notices in Western Australia for two offences: disorderly behaviour, and steal anything up to the value of $500. The author argues that there is a need to recogniseā€”and to resistā€”the encroachment of neoliberal economisation discourses into the realm of criminal law

    Graduate Lecture Recital: Julianna Methven, violin

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    Graduate Recital: Julianna Methven, violin

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    There is no need for anyone to be concernedā€: The discursive legitimation of coercive police powers during the COVID-19 pandemic

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    A number of countries have placed police officers in charge of policies aimed at suppressing the transmission of COVID-19. While scholarly attention has been paid to the legitimacy of a law enforcement response to the pandemic, less attention has been paid to the discursive techniques used by state officials when attempting to represent controversial policies as uncontroversial. This article examines the role of discourse in the rationalization of a law enforcement approach to the COVID-19 pandemic in NSW, Australia. I conduct a critical analysis of the language of policing officials in press conferences, interviews, and media releases to identify discursive strategies of authorization, moral evaluation, and rationalization, as described in Van Leeuwenā€™s analytical framework of legitimation (2007, 2008). I argue that the use of discursive techniques to depict punitive sanctions as desirable and effective, and public health rules as clear and of equal application to all, helped to naturalize a coercive response in the application of public health measures. The naturalness of this police-led approach is deconstructed by drawing on alternative accounts to show how COVID-19 rules were complicated and poorly communicated, and policed in an uneven, and at times, overzealous fashio

    Serious Crime Prevention Orders

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    Successive reforms in New South Wales (ā€˜NSWā€™) have established far-reaching powers to curtail the liberties of those who were once convicted of various serious sexual and violent offences. Now, these powers have been significantly expanded, with the Executive Government asserting the ability to control the free movement, speech, association and work of NSW citizens and businesses via Serious Crime Prevention Orders (ā€˜SCPOsā€™) under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). This Comment surveys substantive and procedural aspects of SCPOs. We situate the orders as part of a continuing expansion of administrative detention and supervision regimes of a hybrid, quasi-criminal nature. We question whether the powers go too far by increasing the Stateā€™s powers to surveil and control a personā€™s or businessā€™s activities under the justification of preventing crime. We also canvass the possibility that SCPOs will operate in a punitive (not merely preventative) manner
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