Edited by Nicole Watson and Heather Douglas

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

Abingdon, Oxon: New York: Routledge, 2021. 343p.

By Corina Heri

Who is a vulnerable person in human rights law? This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights. 

London: Hart Publishing, 2021. 264p.

Edited by Peter Wade, James Scorer and Ignacio Aguiló

Latin America’s long history of showing how racism can co-exist with racial mixture and conviviality offers useful ammunition for strengthening anti-racist stances. This volume asks whether cultural production has a particular role to play within discourses and practices of anti-racism in Latin America and the Caribbean. The contributors analyse music, performance, education, language, film and art in diverse national contexts across the region. The book also places Latin American and Caribbean racial formations within a broader global context. It shows that the region provides valuable opportunities for thinking about anti-racism, not least when recent political events worldwide have shown that, far from a 'post-racial' age, we are living in an era of intensified racist expression and racial injustice.

London: University of London Press, 2019. 232p.

By Maureen Washburn | Grecia Reséndez

In 2011, Governor Jerry Brown signed into law California Assembly Bill (AB) 109: the Public Safety Realignment Act. This bill significantly changed California’s criminal justice system as it allowed individuals with low-level offenses to be sentenced to county jail or placed on county probation instead of state prison and parole. The goal was to cut costs, reduce recidivism, and, above all, address inhumane and unconstitutional state prison overcrowding, which was claiming the lives of one imprisoned person every week (Brown v. Plata, 2011). To achieve this, the state began compensating counties for managing non-violent, non-serious, and non-sex-related cases at the local level. To support implementation, the state allocated a portion of the sales tax to a Local Revenue Fund through which a number of large grant programs would flow. In Fiscal Year 2022 – 23, the state disbursed more than $8 billion through this fund, with $2 billion of this amount — the equivalent of more than 1% of California’s state budget — given to counties for AB 109 programs (Controller, 2024).

This paper examines AB 109 funding, including how counties report data, the amount given to law enforcement, and strategies for boosting oversight of this critical funding stream. We conclude that AB 109 reporting is unsystematic, allowing critical planning and spending decisions to go unscrutinized. For example, ambiguous reporting makes it difficult to analyze how much funding is allocated to various law enforcement programs, behavioral health services, or community-based options. In the same vein, we highlight counties with the most inconsistent reports and raise concerns around roll-over funds and allocations to for-profit corporations. We also offer examples of grant programs with more transparent reporting, which can serve as models for AB 109. Finally, we provide recommendations to ensure all AB 109 funds are serving the public interest.

Our examination of AB 109 funding finds:

• County plans are cursory, offering little information about how funds are being spent.

• Counties report spending data inconsistently, making it difficult to track budgets over time or to compare across counties.

• The state asks far less of counties when implementing AB 109 than it does for other, much smaller, funding programs.

• Absent oversight and accountability, counties may mismanage AB 109 funds.

• Law enforcement agencies receive the vast majority of AB 109 funds despite significant declines in jail and probation populations.

San Francisco: Center for Juvenile and Criminal Justice, 2024. 12p.

By Ion Meyn

Between 1880 and 1915, the Southern criminal legal system enslaved and re-enslaved legally emancipated Black persons. Under the conventional account of this period, the law facilitated and legitimatized these practices, however odious and racially discriminatory. This view—one that critiques as it accepts the legality of the system—provides an explanation for a significant number of cases in which a Black person was convicted and sent to forced labor.

And yet, there is growing evidence that many convictions were not facilitated by law but rather the result of criminal conspiracies to traffic Black victims. County-level arrest data indicates “convictions” occurred in lockstep with the labor demands of businesses that contracted with local state actors. Numerous personal accounts from victims and their families indicate that arrests occurred in the absence of any criminal suspicion. This empirical data suggests many Black “convicts” were instead victims of human trafficking. Because completing these White-on-Black crimes required coordination among multiple parties, a criminal conspiracy was formed that implicated White participants in kidnapping, false imprisonment, perjury, peonage, reckless endangerment, and reckless homicide.

This Essay examines archival evidence that suggests the criminal trafficking of Black men was a common, if not widespread, practice between 1880 to 1915. Under this alternative view the term “convict leasing” is over-inclusive and mislabels these victims of human trafficking. Under the alternative view the historical Black crime rate is not only inflated but fabricated; conversely, the historical White crime rate omits a significant amount of criminal activity. This alternative view centers the criminal conduct of White beneficiaries, inviting a close accounting of their crimes and ill-gotten gains.

Univ. of Wisconsin Legal Studies Research Paper No. 1803

Wisconsin Law Review (2024), Forthcoming

By Bronwyn Carlson, Madi Day, Terri Farrelly

This report presents findings from a research project that aimed to determine 'what works' in Aboriginal and Torres Strait Islander healing programs across the nation that respond to family violence, as perceived and experienced by the people who deliver, utilise and are impacted by such programs. It also aims to specifically investigate the availability of such programs for Aboriginal and Torres Strait Islander LGBTQIASB+ people, and those with disability.

In addition, it includes a focus on how such programs engage with clients when person-to-person contact is not possible, particularly in light of situations like the COVID-19 pandemic which occurred during the implementation of this project.

The premise of the project is that family violence in Aboriginal and Torres Strait Islander communities is a result of colonialism, that healing responses are a key approach to addressing family violence, and that such responses should target those who have perpetrated family violence, as well as those who have experienced it.

The report is based on qualitative research with workers and clients of healing programs that respond to family violence from across Australia.

Key recommendations include the need to establish auspicing relationships between mainstream organisations and community-controlled healing programs, the need for programs to be designed and led by Aboriginal and Torres Strait Islander people, and the need for professional qualifications and standards to be designed to recognise the value of lived expertise and community connection.

Australia's National Research Organisation for Women's Safety, 2024. 86p.

By The Independent Broad-based Anti-Corruption Commission (Vic)\

When IBAC identifies areas of concern indicating possible systemic problems, they conduct a thematic review. This involves an analysis of a series of reviews on a specific theme or topic and usually results in a report identifying systemic and emerging issues for Victoria Police.

IBAC regularly assesses and refers allegations of excessive use of force to Victoria Police where it is considered that Victoria Police is the more appropriate body to conduct the investigation. IBAC reviews some of these investigations once they are completed.

Incidents where Victoria Police officers have allegedly misused OC spray have attracted media attention and public concern in recent years. In some cases, alleged victims have taken legal action against Victoria Police.

IBAC has investigated specific cases of use of force including the use of OC spray in Operations Henty and Boyne. The use of force by Victoria Police officers is an ongoing focus for IBAC.

Key findings:

• IBAC identified issues with all 15 investigations reviewed and found that nine investigations were not of the expected standard. IBAC’s reviews also indicated that some Victoria Police officers consider that using OC spray is a ‘low level’ type of force.

• This was evident by the actions of officers during incidents, the classification of complaints involving the use of OC spray as ‘minor misconduct’, and the standard of most internal investigations that examined these incidents.

By European Union Agency for Fundamental Rights (FRA)

Racism in the police can include discriminatory racial profiling practices through to excessive use of force. Incidents like these highlight deeper systemic issues that need addressing. Many in society are affected by racism in policing, not only the individuals or communities targeted. Lack of trust in policing can fuel social exclusion and damages the foundations of a fair and equal society, however promising practices are developing to address these issues. This is the first EU-wide report on racism in policing. FRA’s findings identify gaps in regulatory frameworks and propose concrete steps for action.

Vienna, FRA, 2024. 116p.

By Matteo Vergani, Barbara Perry, Joshua Freilich, Steven Chermak, Ryan Scrivens, Rouven Link, Daniel Kleinsman, John Betts, Muhammad Iqbal

Background

The difficulties in defining hate crime, hate incidents and hate speech, and in finding a common conceptual basis constitute a key barrier toward operationalisation in research, policy and programming. Definitions disagree about issues such as the identities that should be protected, the types of behaviours that should be referred to as hateful, and how the ‘hate element’ should be assessed. The lack of solid conceptual foundations is reflected in the absence of sound data. These issues have been raised since the early 1990s (Berk, 1990; Byers & Venturelli, 1994) but they proved to be an intractable problem that continues to affect this research and policy domain.

Objectives

Our systematic review has two objectives that are fundamentally connected: mapping (1) original definitions and (2) original measurement tools of hate crime, hate speech, hate incidents and surrogate terms, that is, alternative terms used for these concepts (e.g., prejudice-motivated crime, bias crime, among many others).

Search Methods

We systematically searched over 19 databases to retrieve academic and grey literature, as well as legislation. In addition, we contacted 26 country experts and searched 211 websites, as well as bibliographies of published reviews of related literature, and scrutiny of annotated bibliographies of related literature.

Inclusion Criteria

This review included documents published after 1990 found in academic literature, grey literature and legislation. We included academic empirical articles with any study design, as well as theoretical articles that focused specifically on defining hate crime, hate speech, hate incidents or surrogate terms. We also reviewed current criminal or civil legislation that is intended to regulate forms of hate speech, hate incidents and hate crimes. Eligible countries included Canada, USA, UK, Ireland, Germany, France, Italy, Spain, Australia and New Zealand. For documents to be included in relation to research objective (1), they had to contain at least one original definition of hate speech, hate incidents or hate crimes, or any surrogate term. For documents to be included in relation to research objective (2), they had to contain at least one original measurement tool of hate speech, hate incidents or hate crimes, or any surrogate term. Documents could be included in relation to both research objectives.

Data Collection and Analysis

The systematic search covered 1 January 1990 to 31 December 2021, with searches of academic databases conducted between 8th March and 12th April 2022 yielding 35,191 references. We carried out country-specific searches for grey literature published in the same time period between 27th August and 2nd December 2021. These searches yielded a total of 2748 results. We coded characteristics of the definitions and measurement tools, including the protected characteristics, the approaches to categorise the ‘hate element’ and other variables. We used univariate and bivariate statistical methods for data analysis. We also carried out a social network analysis.

Main Results

We provide as annex complete lists of the original definitions and measurement tools that met our inclusion criteria, for the use of researchers and policy makers worldwide. We included 423 definitions and 168 measurement tools in academic and grey literature, and 83 definitions found in legislation. To support future research and policy work in this area, we included a synthetic assessment of the (1) the operationalisability of each definition and (2) the theoretical robustness and transparency of each measurement tool. Our mapping of the definitions and measurement tools revealed numerous significant trends, clusters and differences between and within definitions and measurement tools focusing on hate crime, hate speech and hate incidents. For example, definitions and measurement tools tend to focus more on ethnic and religious identities (e.g., racism, antisemitism, Islamophobia) compared to sexual, gender and disability-related identities. This gap is greater in the definitions and measurement tools of hate speech than hate crime. Our analysis showed geographical patterns: hate crime definitions and measurement tools are more likely to originate from Anglophonic countries, especially the USA, but hate speech definitions and measurement tools are more likely to originate from continental Europe. In terms of disciplinary fragmentation, our social network analysis revealed that the collaboration and exchange of conceptual frameworks and methodological tools between social sciences and computer science is limited, with most definitions and measurement tools clustering along disciplinary lines. More detailed findings are presented in the results section of the report.

Authors' Conclusions

There is an urgent need to close the research and policy gap between the protections of ‘ethnic and religious identities’ and other (less) protected characteristics such as gender and sexual identities, age and disability. There is also an urgent need to improve the quality of methodological and reporting standards in research examining hate behaviours, including transparency in methodology and data reporting, and discussion of limitations (e.g., bias in data). Many of the measurement tools found in the academic literature were excluded because they did not report transparently how they collected and analysed the data. Further, 41% of documents presenting research on hate behaviours did not provide a definition of what they were looking at. Given the importance of this policy domain, it is vital to raise the quality and trustworthiness of research in this area. This review found that researchers in different disciplinary areas (e.g., social sciences and computer science) rarely collaborate. Future research should attempt to build on existing definitions and measurement tools (instead of duplicating efforts), and engage in more interdisciplinary collaborations. It is our hope that that this review can provide a solid foundation for researchers, government, and other bodies to build cumulative knowledge and collaboration in this important field.

Campbell Systematic Reviews, 

28 April 2024

Christina Dunbar-Hester

"Hacking Diversity: The Politics of Inclusion in Open Technology Cultures" delves into the complex dynamics of diversity within the realm of open technology. The book critically examines the challenges and opportunities surrounding inclusivity, offering insights into how diversity can be effectively navigated and embraced in these fast-paced, innovation-driven environments. Through a blend of research, analysis, and real-world case studies, this book serves as a valuable resource for individuals and organizations seeking to cultivate more diverse and inclusive open technology cultures.

PRINCETON. PRINCETON UNIVERSITY PRESS. 2020. 283p.

MAY CONTAIN MARKUP

DARYL CUMBER DANCE

"Long Gone: The Mecklenburg Six and the Theme of Escape in Black Folklore" delves into the harrowing true story of six Black men wrongfully accused of a crime they did not commit. Through meticulous research and powerful storytelling, the book explores the historical context of escape within Black folklore and its significance in the lives of the Mecklenburg Six. This poignant narrative sheds light on the endurance, resilience, and unwavering spirit of individuals fighting for justice and freedom in the face of oppression. A compelling and thought-provoking read that resonates long after the final page is turned.

The University of Tennessee Press. KNOXVILLE. 1987. 197p.

Maisha T. Winn

"Girl Time: Literacy, Justice, and the School-to-Prison Pipeline" delves into the intersection of education, gender, and criminalization of young girls. Through insightful analysis and real-life stories, the book explores how literacy can be a tool for empowerment and resistance against the systemic injustices that push girls from schools into the juvenile justice system. A must-read for educators, policymakers, and anyone interested in fostering a more equitable educational landscape for all students.

Columbia University New York and London. Teachers College Press. 2011. 187p.

MAY CONTAIN MARKUP

SUSAN CHANDLER AND JILL B. JONES

FROM the cover: : Casino Women Is A Pioneering Look At The Female Face Of Corporate Gaming. Based on extended interviews with maids, cocktail waitresses, cooks, laundry workers, dealers, pit bosses, managers, and vice presidents, the book describes in compelling detail a world whose enormous profitability is dependent on the labor of women assigned stereotypically female occupations-making beds and serving food on the one hand and providing sexual allure on the other. But behind the neon lies another world, peopled by thousands of remarkable women who assert their humanity in the face of gaming empires' relentless quest for profits.”

L.R/CORNELL PAPERBACKS. Cornell UniversityPress. 2011. 218p.

MAY CONTAIN MARKUP

BY JOHN ASHTON

Introductory: “Difference between Gaming and Gambling-Universality and Antiquity of Gambling-Isis and Osiris-Games and Dice of the Egyptians-China and India-The Jews-Among the Greeks ancl Romans-Among Mahometans Early DicingDicing in England in the r3th and 14th Centuries--In the r7th Century-Celebrated Gamblers-Bourchier-Swiss Anecdote Dicing in the 18th Century.”

LONDON. DUCKWORTH & CO. 3 HENRIETTA STREET, COVENT GARDEN, W.C. 1898. 297p.

MAY CONTAIN MARKUP

BY Andra Medea AND Kathleen Thompson

INTRODUCTION: “There are a number of reasons not to read this book: you have never been raped; you know it will never happen to you; if it did, you know you'd never be able to remember what to do or how to defend yourself; you'd rather not think about the possibility of being raped; you or someone you know has been raped, and you want to forget about it. These are precisely the reasons you should read this book. Rape, and our society's attitude toward rape, affects every woman in this country. No woman, whether or not she has ever felt threatened by an actual rape, can ignore the problem.

FARRAR, STRAUS AND GIROUX: NEW YORK. 1974. 136p.

HO, BIANCA; DOYLE, KIERAN

From the document: "Pro-Palestine demonstrations involving students in the United States have nearly tripled from 1 to 26 April compared with all of March, ACLED [ [Armed Conflict Location and Event Data]] data show [...]. New York has been one of the main student protest battlegrounds since the Israel-Palestine conflict flared up in and around Gaza last October, and the arrest of more than 100 students at Columbia University in New York around 18 April heralded a new wave of campus demonstrations."

ARMED CONFLICT LOCATION & EVENT DATA PROJECT. 2 MAY, 2024. 5p.

CERVINI, ENZO MARIA LE FEVRE; CARRO, MARÍA VICTORIA

From the document: "Generative Artificial Intelligence's (GenAI) capacity to produce highly realistic images, videos, and text poses a significant challenge, as it can deceive viewers and consumers into accepting artificially generated content as authentic and genuine. This raises concerns about the dissemination of false information, disinformation, and its implications for public trust and democratic processes. Additionally, this phenomenon prompts critical ethical and legal inquiries, including issues surrounding the attribution of authority and accountability for the generated content. [...] This article delves into the impact of generative AI on recent and future political elections. We'll examine how deepfakes and other AI-generated content are used, along with their potential to sway voters. We'll also analyze the strategies various stakeholders are deploying to counter this growing phenomenon."

ITALIAN INSTITUTE FOR INTERNATIONAL POLITICAL STUDIES. 22 MAR, 2024. 44p.

By Gillian Shorter, Phoebe McKenna-Plumley, Kerry Campbell, Jolie Keemink, and Benjamin Scher, et al.

Overdose prevention centres can also be referred to as drug consumption rooms, safe consumption/injecting/smoking sites, and/or other relevant names. These names can reflect legal distinctions e.g. in Canada, which relate to permanency or function of the site. There are currently over 200 OPCs worldwide in 17 countries, primarily in urban areas, and they cater to a range of drug types and visitor numbers.

Overdose prevention centres can be integrated facilities with other services, specialised sites which are primarily an OPC with limited other services, mobile sites, or tent/other temporary sites. Collaboration and consultation before and after a service opens is central to successful OPCs. Potential and actual OPC users should be consulted on the design of and running of sites to support their use. Collaboration and consultation involving members of the local community, businesses, police, elected representatives, public health, or other local authority staff with OPC staff and operators can smooth over any issues before and after a service opens. Belfast, Queen's University, 2023. 188p.

pureadmin.qub.ac.uk/ws/portalfiles/portal/530629435/DS_OPC_Report_V4.pdf

By Thomas Coyne; Sean Quitzau; and Joseph W. Arnett

This publication of Zero Returns to Homelessness, the Bureau of Justice Assistance (BJA), and the Justice Center of the Council of State Governments, provides a reference guide on housing access for practitioners, including state leaders working to address homelessness as part of their Reentry 2030 goals. It details best practices and strategies around reentry housing, building from four essential steps that have worked in neighborhoods around the country as leaders have expanded housing opportunities for people reentering their communities: Collaborate, Assess, Connect, and Expand. Every year, tens of thousands of people experience homelessness as they return to their communities from incarceration. Gaps and barriers, such as housing policies that bar people with conviction histories from renting, persist that reduce even the limited amount of housing people can access when returning. Because of this, people returning from incarceration are almost 10 times more likely to experience homelessness and more often cycle through public systems designed to respond to emergencies and not provide long-term solutions. However, in states such as Ohio, Connecticut, and Utah, communities are making strides in preventing homelessness when people return from incarceration. These communities are working toward a bold, new vision—Zero Returns to Homelessness—which aims to ensure that all returning residents have access to a safe, permanent place to call home.

New York: The Council of State Governments (CSG) Justice Center, 2024. 65p.

By Timothy Cubitt, Anthony Morgan and Isabella Voce

Recent protest activity in Australia has related to a range of political and social causes, including climate change, women’s rights, pandemic-related government policies, and a range of ideological movements. While peaceful protests were held in parts of the country, some resulted in arrests, fines and violence (ABC News 2021; Bavas & Nguyen 2021). Over time, fringe and conspiratorial rhetoric increased across social media (De Coninck 2021) and began featuring more prominently in anti-authority ‘freedom’ protests (Khalil & Roose 2023). While the public health measures have ceased, these freedom protests—and related social movements—have persisted. Conspiratorial and far-right actors have become increasingly prominent among anti-government or anti-authority protests

Trends & issues in crime and criminal justice no. 693. Canberra: Australian Institute of Criminology. 2024. 16p.