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153
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Introduction
Current institution
Additional affiliations
September 1983 - June 1992
Position
- Professor (Associate)
Description
- 1983 to 1992 I was Assistant Prof, then Associate Prof at Yale.
July 1992 - July 1995
June 1996 - present
Publications
Publications (153)
Procedural differences between civil justice and redress schemes are well known, but knowledge gaps stymie an ability to compare monetary outcomes. This paper advances the field of institutional abuse of children by analysing outcomes for 4563 civil justice and redress scheme claims of sexual abuse of children received by 36 Australian Catholic Chu...
Money justice—defined as money offered and paid to victims in the aftermath of wrongs—permeates society and everyday life. Current mechanisms of money justice are civil justice awards or out-of-court settlements for personal or cultural injury; redress programs or schemes for mass atrocities, political repression, historical injustice, and institut...
This article chronicles the evolution of Australia’s National Redress Scheme for institutional child sexual abuse. It provides a comprehensive analysis of what occurred from the release of the Royal Commission’s redress recommendations in September 2015 to early July 2019, capturing the twists and turns of legislative changes, government statements...
State monetary schemes for victims of violent crime began in the 1960s and operate in 35 countries today, yet knowledge is lacking on who is applying, how decisions are reached, variation in awards and why amounts may differ. Analysing 291 sexual offence cases in Queensland, we ask whether awards differ by victim sex/gender and by societal construc...
The national redress scheme proposed by the Royal Commission into Institutional Responses to Child Sexual Abuse is unique and unusual in the world of government redress. It is unique with its inclusion of both care leavers and non-care leavers (it is the only government scheme to do so), and it is unusual in focusing on sexual abuse alone (18% of g...
Money as recompense for crime is variously described as making victims whole, restoring them to their pre-victimisation status, recognising the harm done, and facilitating closure and healing. This article explores the meaning of money to survivors of sexual victimisation and its place in their lives. Drawing on interviews with 20 female and male v...
The chapter analyses major responses to historical institutional abuse of children—public inquiries, criminal prosecution of alleged offenders, civil suits lodged by victim/survivors, and redress schemes—with a focus on the latter. It sketches the historical context of residential and foster care and the circumstances that gave rise to “discovering...
What women as victims of domestic violence want from criminal justice has long interested researchers and advocates. This article foregrounds the ways in which 'justice' matters to victims and how a desire for justice may change over time. We find that victims have multiple justice goals, which are ordered and unfold through the criminal justice pr...
Mainstream sentencing courts do little to change the behavior of partner violence offenders, let alone members of more socially marginal groups. Indigenous offenders face a court system that has little relevance to the complexity of their relations and lived experiences. Assisted by respected Elders and Community Representatives, Australian Indigen...
It has become commonplace to say that restorative justice cannot be defined. I argue that restorative justice can and must be defined concretely as a justice mechanism. I develop this argument with four points: (1) restorative justice is not a type of justice, it is a justice mechanism; (2) retributive justice is not a type of justice or a justice...
Historical abuse of children is a worldwide phenomenon. This book assesses the enablers of abuse and the reasons it took so long for officials to respond. It analyzes redress for institutional abuse in two countries, Canada and Australia, using first-hand accounts of survivors' experiences.
Institutional abuse of children was ‘discovered’ in the 1980s, with concept diffusion in the 1990s. I explain why it emerged as a social problem and what factors triggered a response by authorities that ‘something must be done’ to address it. Some have argued that the 1980s was a time of a ‘moral panic’ about child sexual abuse, in particular, that...
This paper analyses a dilemma for victims of 'everyday rape' in Cambodia: their community's preferred response is somroh somruel, a customary dispute resolution process, but pressure is exerted by the state and by international and local NGOs to use the criminal justice system, which is corrupt and inaccessible to all but an elite. Drawing from int...
This chapter presents the outcomes from redress schemes, major civil settlements, and public inquiry cases without financial payments. Appendices 3 to 6 show redress payments and other outcomes, apologies, memorials and commemorative activities, and other media and memory projects associated with the cases. The money amounts are given in local curr...
As part of the Forde inquiry in Queensland in 1998–99, witnesses were asked, ‘what would you like to see come out of the inquiry’? Replies are listed for 79 individuals (Forde, 1999, appendix 12).1 When reading them, I was struck that most replies were future oriented, for example:
That it cannot happen today.
I don’t want to see any kid go through...
Redress for institutional abuse of children is a new field of knowledge, spawned by a spate of inquiries and redress schemes in the 1980s and 1990s, and a cascade in the first two decades of the 21st century. When I began this research in 2010, I wanted to learn more about the responses to Canadian and Australian cases of historical institutional a...
Each case is a bundle of thousands of people (and at times, hundreds of thousands): as victim/survivors, their family members (past and present), and friends; as alleged individual offenders (who are recalled, reported, prosecuted, convicted, or acquitted), their family members past (and present), and friends; or organizational offenders (governmen...
Once a government or church authority begins to respond to institutional abuse, what happens next? Published sources do not provide ready answers. In my sample of 19 cases, just two (Jericho Hill and Tasmanian Stolen Generations) produced a publicly available report of both processes and outcomes of redress schemes. For all the others, I had to see...
As a new field of knowledge, redress for institutional abuse confronts many questions. What is institutional abuse? What is redress? What kinds of redress processes and outcomes are optimal? What do survivors want? How does money matter? What theorizations help us to understand this multi-faceted phenomenon? I address these questions by summarizing...
Why did institutional abuse of children begin to emerge as a social problem in the 1980s in affluent nations of the developed world? What were the immediate events that led to a response? This chapter addresses these questions, along with three gaps in the research literature.
On Monday, 13 February 1989, St John’s radio host Bill Rowe received a call to his morning talk show program, ‘Open Line’.1 It was from Steve Neary, a colleague of Rowe’s during their years together in politics. On air, Neary said that in a 1979 inquiry, testimony was given of a cover-up in 1975 when the police investigated sexual and physical abus...
In this chapter, I review the historical emergence of institutions for children and the factors that enabled physical and sexual abuse of children in residential care. I consider whether abuse is more prevalent in institutions than outside them, and the role of social construction in framing accounts of abuse. I then present care leavers’, former r...
Our aim was to determine the overall rates of general and sexual re-offending of youth (i.e. aged under 18 at the time of offence) charged with sexual offences, ranging from indecent exposure to rape, over 6.5 years in South Australia and whose cases were finalised in court, by conference and by formal caution (N = 365). Controlling for previous of...
This chapter reviews two studies on restorative justice conducted in the past several years. One examines variability in the conference process and the second compares outcomes for court and conference cases. The studies show the strengths and weaknesses of restorative justice from a victim’s perspective. The conference-only study demonstrates the...
This article begins with an overview of the varied meanings of reparation, restoration, and restorative justice, as they are applied in domestic and international contexts of law and criminal justice. It also considers why these terms have become popular in recent decades. Sections II and III explore the history, etymology, and uses of the terms re...
On 15 July each year, Women in Black, an antimilitarist and feminist organization based in Belgrade, organize or participate in events in Serbia and Bosnia and Herzegovina to mark the anniversary of the genocide in Srebrenica. In 2010, in collaboration with a number of artists, Women in Black blocked the main pedestrian mall in Belgrade and, under...
This chapter uses the history of rock 'n' roll as a metaphor to encourage forms of criminological research and writing that press the boundaries of convention and conformity. As is the case in other fields, we think of criminology as having different schools of thought, methodological approaches, and political-ideological positions. As a student in...
Despite legal reforms, there has been little improvement in police, prosecutor, and court handling of rape and sexual assault. In the past 15 years in Australia, Canada, England and Wales, Scotland, and the United States, victimization surveys show that 14 percent of sexual violence victims report the offense to the police. Of these, 30 percent pro...
This chapter presents three cases of sons' violence against mothers that were handled by a diversionary youth conference, a restorative justice process. Drawing on interviews with conference coordinators and victims, the analysis considers the histories, contexts, and dynamics of the violence; what happened in the conference, including gendered pow...
The philosophical underpinnings of youth courts rest on the notion that youths are less culpable and more reformable than adults. Some scholars argue that, ideally, when sentencing youth crime, judges should engage youthful offenders in moral communication to elicit change. But do they? What more generally do judges say to the youths? This paper an...
This paper responds to Annie Cossins' article in the British Journal of Criminology 48(3), which draws on my research to argue
that the case for using restorative justice in response to sexual assault is not well founded. She proposes instead that further
legal reform should be pursued. I discuss the reasons for a paucity of evidence, present findi...
After setting the political and personal contexts, defining key terms, and comparing Indigenous and restorative justice, I clarify three interrelated sites of contestation between and among feminist and anti-racist groups as these relate to alternative justice practices. They are the inequality caused by crime (victims and offenders), social divisi...
Drawing on the South Australia Juvenile Justice (SAJJ) project dataset, this article analyses youth peer violence ('punch-ups') with a focus on girl-on-girl assaults. My aim is to address and explain significant gaps in the empirical knowledge of gender and restorative justice, and in the aspirations and reality of restorative justice itself. Four...
ISBN13: 9780822342205 (hbk), ISBN13: 9780822342397 (pbk) Durham, NC: Duke University Press, 2008. xi + 215 pp. No Yes
Sexual offending by young people is increasingly viewed as a social problem that requires a strong response, but there is little research on the legal treatment of youthful sex offenders. On the one hand, these youths may be viewed as potential future sex offenders; on the other hand, because of their youth and immaturity they may be considered mor...
Since 1999, a number of Indigenous sentencing courts have been established in Australia that use Indigenous community representatives to talk to a defendant about their offending and to assist a judicial officer in sentencing. The courts are often portrayed as having emerged to reduce the over-representation of Indigenous people in the criminal jus...
The Wheeler et al. (1982) data set of white-collar defendants is used to compare men's and women's socioeconomic profiles and occupations and the nature of their illegalities. The results show that a minority of men but only a handful of women fit the image of a highly placed white-collar offender. Most employed women were clerical workers, and mos...
As restorative justice has grown in popularity worldwide, mainly in response to youth crime, controversy surrounds its use for sexual, partner and family violence cases. With some exceptions, all jurisdictions have put these offences beyond the reach of restorative justice for both youth and adult offenders and, thus, empirical evidence is lacking....
We analyse five areas of feminist engagement with restorative justice (RJ): theories of justice; the role of retribution in criminal justice; studies of gender (and other social relations) in RJ processes; the appropriateness of RJ for partner, sexual or family violence; and the politics of race and gender in making justice claims. Feminist engagem...
The use of restorative justice for gendered violence has been debated in the feminist literature for some time. Critics warn that it is inappropriate because the process and outcomes are not sufficiently formal or stringent, and victims may be revictimized. Proponents assert that a restorative justice process may be better for victims than court be...
This paper adds to a growing body of Australian research on conferencing and re-offending. We gathered data from conference case files and offending history records for 200 young offenders who were conferenced in southeast Queensland from April 1997 to May 1999 to assess the impact of offender characteristics and conference features on future offen...
Indigenous participation in sentencing procedures has been occurring informally in remote communities for some time. During the late 1990s, formalisation of this practice began in urban areas with the advent of Indigenous sentencing and Circle Courts. Formalisation has also occurred in remote areas. The aim has been to make court processes more cul...
The literature on restorative justice and reoffending consists largely of comparative analyses of traditional and restorative interventions and suggests small but significant differences or no differences in reoffending. We gathered data from conferencing observations and police records to explore the variable effects of conference dynamics and off...
INTRODUCTION This chapter considers the purposes, aims, and values of a criminal justice system and the controversy surrounding each of its terms: system, justice, and criminal. It describes the agencies that form the justice system and the passage of cases through it. Central to the criminal process is the exercise of discretion by police officers...
Advocates' claims about restorative justice contain four myths: (1) restorative justice is the opposite of retributive justice; (2) restorative justice uses indigenous justice practices and was the dominant form of pre-modern justice; (3) restorative justice is a 'care' (or feminine) response to crime in comparison to a 'justice' (or masculine) res...
This article explores the contemporary phenomenon of “naming and shaming” sex offenders. Community notification laws, popularly known as Megan's Law, which authorise the public disclosure of the identity of convicted sex offenders to the community in which they live, were enacted throughout the United States in the 1990s. A public campaign to intro...
Author's version available at: http://www.griffith.edu.au/school/ccj/kdaly_docs/kdpaper6.pdf Yes Yes
The Handbook of Crime and Punishment is a comprehensive professional/reference work designed for those interested in the study of crime—its causes, effects, trends, and institutions; in the forms and philosophies of punishment, and in crime control. Although primarily American in its orientation, many of this book’s articles are of a broader, more...
