School of Social and Political Sciences - Theses
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ItemBlue army: paramilitary policing in Victoria( 1998)This thesis focuses on the changes to law enforcement precipitated by the establishment of counter terrorist squads within State police forces during the late 1970's. It looks at the impact of Victoria's specialist counter terrorist squad, the Special Operations Group (SOG), on policing in Victoria and asks whether the group has led to the development of a more 'military based' approach to policing. The research demonstrates that the SOG has been the harbinger of more military styles of policing involving high levels of confrontation, more lethal weapons and a greater range of weapons and more frequent recourse to deadly force. The establishment of groups like the SOG has also undermined Australia's democratic traditions by blurring the boundaries between the police and military and weakening the safeguards which have in then past prevented military force being used against citizens. The SOG has acted as a vanguard group within Victoria police, anticipating and leading progress towards a range of new military-style tactics and weapons. The SOG, although relatively small in number,, has had a marked influence on the tactics and operations of police throughout the force. The group was never contained to dealing with only terrorist incidents but instead used for a range of more traditional police duties. While terrorism has remained rare in Australia the SOG has nevertheless expanded in size and role. Because the SOG is considered elite and because the SOG are frequently temporarily seconded to other areas of policing, SOG members provide a role for other police and have the opportunity to introduce parliamentary tactics into an extended range of police duties. The parliamentary skills developed by the SOG have been passes on to ordinary police through training programs headed by former SOG officers. In addition, the group has effectively been used as a testing ground for new weapons. The structure of the Victoria Police Protective Security Group and the way public demonstrations and industrial disputes are viewed in police and security circles ensure that parliamentary counter terrorist tactics will be used to stifle dissent and protest. The move towards paramilitary policing is necessarily a move away from the police mandate to protect life, keep the peace and use only minimum force. The interrogation of SOG and SOG tactics into everyday policing has occurred without any public debate or recognition of the important democratic traditions that have ensured that military force is not used against citizens except in the most extreme circumstances. Although the SOG is not formally part of the military it is nevertheless a significant parliamentary force virtually indistinguishable in terms of the weapons and levels of force at its disposal from the military proper.
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ItemPauline, politics and psychoanalysis: theorising racism in Australia( 1999)This thesis uses a psychoanalytic approach to examine the phenomenon of the rise of the Pauline Hanson and the One Nation political party. Psychoanalysis, as the discipline concerned with developing an understanding of irrationality and the human emotions, is well-placed to tackle issues such as insecurity, resentment and racism. By reviewing the works of a number of psychoanalytic theorists, this thesis suggests ways that they may help us to understand the success of One Nation in Australia. Through this approach, I aim to bring new insights to the study of racism in contemporary Australia. The first part of this thesis consists of a survey of the contentions of six key psychoanalytic theorists. This analysis shows that psychoanalysis affords us an understanding of the subject as a complex being; attached to, and even constituted by, certain images and ideals. In the second section, I suggest ways in which psychoanalytic theory may assist us to develop a more comprehensive understanding of the Pauline Hanson phenomenon. This analysis deals with only a few selected aspects of Hansonism, but to the extent that this can be seen as a synecdoche of the whole, it suggests that the attainment of a full understanding of racism and the human emotions is more complex and difficult task than we often acknowledge.
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ItemImpact of DNA profiling on the criminal justice system( 1994-08)The innovative forensic technique of DNA profiling has been acclaimed as the most important advance in forensic science since fingerprinting. Whilst there is much anecdotal information on the impact of DNA profiling on criminal investigation, prosecution and adjudication, there is little quantitative and control comparison data on the routine use of forensic DNA profiling. This study evaluates the effect of the introduction of DNA profiling in Victoria on a number of key points in the criminal justice system. The overall impact of DNA profiling was low as determined by the percentage of criminal cases which utilise DNA profiling. However, in certain classes of cases its impact was measurable, most notably in sex offences committed by “strangers”. Less than one quarter of sexual offence cases of DNA profiled resulted in a contested trial, suggesting that the focus of DNA profiling on the criminal justice system should swing to the pre-trial phase. DNA profiling was most often used in sexual offence cases and a database comparison of these cases before and after the advent of DNA profiling was examined. Whilst not statistically significant, trends indicated there were more solved cases, more guilty pleas and fewer trials after the introduction of DNA profiling, but more individuals were drawn into the investigatory process. The number of trials of sexual offences in which consent was an issue was slightly greater than previously. The increase in guilty pleas with DNA profiling was only for stranger type crime. Further research is recommended as DNA profiling becomes the cornerstone of biological forensic analysis.
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ItemAn evaluation of the Costigan Royal Commission into the Federated Ship Painters and Dockers Union, 1980-1984, as a political response to organised crime( 1990)This thesis is an evaluation of the Costigan Royal Commission into the Federated Ship Painters and Dockers Union (1980-1984) as a political response to organised crime. The focus of the study is the extent to which the Costigan Royal Commission was effective in achieving the aims of such an inquiry according to criteria based largely, but not exclusively, on Woodward's framework for the 'success' of Royal commissions. This thesis argues that the Costigan Royal Commission was largely effective as a political response to organised crime for a number of reasons but that a variety of factors impacting on the role of Royal commissions served to restrict its effectiveness as an instrument of reform. A sub-thesis argued here is that a more effective response to organised crime is possible utilising other politically initiated mechanisms (such as a permanent authority on crime and corruption), but that, nonetheless, the Costigan Royal Commission was able to achieve more in relation to serious organised criminal activity than traditional law enforcement agencies were (or are) capable of achieving. The analytical section of the thesis focuses on the extent to which the Costigan Commission's recommendations have been translated into substantive and procedural law reform, in addition to a critical assessment of the political response of commissioning governments made to these recommendations.
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ItemWaiting to be heard: a discussion of feminism, criminology and Aboriginal women offenders( 1998)This thesis evaluates studies which have been carried out with women offenders, and in particular it focuses on the apparent silence in these studies of Aboriginal women offenders about their treatment by the criminal justice system. Aboriginal women are in a significantly disadvantaged position in society compared with non-indigenous women including, in particular, the level of incarceration. However, there has been no direct interviewing with Aboriginal women about their experiences of prosecution and sentencing practice in Australia. It has therefore been very difficult to determine the effect of race on the arrest and sentencing of Aboriginal women. I begin by considering a specific case example. In 1988, an Aboriginal woman, Robyn Kina, was sentenced to life imprisonment for the murder of her de-facto husband after a four hour trial in which she was discouraged from giving evidence in her defence. Kina's silence led to a great miscarriage of justice. I argue that Aboriginal women offenders like Kina should be allowed to voice their experiences to assist police and judges in understanding their disadvantage in the criminal justice system. Feminist criminology has been concerned with advancing the research about women and crime, however it has only recently considered many issues concerning black women and crime. I argue that this is possibly because of the emphasis given by the predominantly white women's movement to advancing women's position as a whole, rather than taking account of issues effecting black women. I point out that theorising about gender and race has methodological implications for a white woman researcher who seeks to understand the matrix of oppression which black women experience. Having explored the theoretical debates about race, gender and crime, I turn to empirical studies. Given the paucity of research into Aboriginal women and crime, I examine overseas research. This research is inconsistent about the unequal treatment of black and white offenders. What we do know is that women of colour will have a very different experience of the criminal justice system than white women. They may also have different experiences from each other. This thesis concludes by suggesting that the lack of theoretical and empirical work in Australia results in the continuation of gender and race typifications being imposed on Aboriginal women by the criminal justice system. In trying to speak for all women, feminist criminology is in danger of silencing Aboriginal women unless it seeks out their views and enables them to speak.
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ItemOpposition to nuclear weapons in Australia, 1949-1965( 1982)This thesis aims to examine the importance and implications of the opposition expressed towards nuclear weapons in Australia between 1949 and 1965. Such opposition can be manifested in many different ways. At one level it may be seen in the unformed misgivings about the possible effects of nuclear weapons tests; it may be expressed as a fear for one's life and one’s children if a nuclear war were to break out. Opposition on this most general level may not be expressed outside a small circle of family and acquaintances. It helps to form a background against which a political culture is developed and in which more organised forms of opposition can emerge. The thesis is primarily concerned with these organised forms of opposition, with those who went beyond a vague feeling of unease and possibly of helplessness to form groups to study the issue, who devoted significant effort to working for the abolition of nuclear weapons and who tried to influence the political processes by joining protest marches, writing letters, or lobbying politicians. Throughout the thesis their activities are set within the general political climate of the time, both within Australia and internationally, and the varying influences of the period on anti-nuclear activists form an important aspect of this work.(From Introduction)
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ItemMoral reform organisations in Australian: a political response to the sexual revolution( 1997)The 1960s and 1970s were a period of profound social change in Australia and throughout the Western world. One of the most obvious manifestations of cultural upheaval was the so-called 'sexual revolution', whereby several formerly tabooed behaviours including abortion, homosexual practices and the sale of pornography were publicly debated and progressively legalised. Governments which had previously supported traditional Christian standards of sexual morality suddenly seemed powerless to prevent the changes, and even encouraged some of them by actions such as the liberalisation of divorce and censorship laws. The denominational churches were deeply divided over many of these developments and failed to mount an effective campaign against them. Many conservative Christians, both Protestant and Catholic, were deeply disturbed by the advent of the 'permissive society', and banded together in voluntary organisations independent of ecclesiastical control in an attempt to save what was left of the old 'Christian' social order, to alter public attitudes and to reverse the legal changes which had already occurred. Among the better-known groups are the Australian Festival of Light, the Society to Outlaw Pornography and the Right to Life Association. Guided by outspoken leaders such as Fred Nile and Margaret Tighe, these bodies participate actively in politics and their opinions are frequently sought by the media on a wide range of public issues, from prostitution to in vitro fertilisation. Moral reform organisations of this kind have existed in Britain since the seventeenth century and in America since the early 1800s, but were comparative rarities in Australia until 25 years ago. While they have made little tangible impact on the increasingly secularised culture of this country - owing to their limited resource base and the sheer immensity of their actual target (namely, modernisation) - they are able to exert a degree of leverage in certain political contexts e.g. when parliaments are debating the abortion issue. Also, despite their distaste for major aspects of the modern world, many groups employ the language and technology of modernity in ways designed to enhance their prospects of success.
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ItemBlue murder: press coverage of fatal shootings of and by police in Victoria( 1994)This study is a qualitative content analysis of two newspapers' coverage of three fatal shootings in Victoria in October 1988. The shootings are those of Graeme Jensen, killed by the Armed Robbery Squad on 11 October 1988, and Constables Steven Tynan and Damian Eyre who were killed by offender/s unknown the following day. Qualitative content analysis consists of a detailed reading of a text in order to provide an interpretation by drawing out the latent meaning of the text. In conducting the analysis the overriding concern is not with whether the reports are true or false, but how meaning is created and to what effect. The newspapers studied represent the killing of Graeme Jensen as unproblematic, depicting it as lawful and necessary. Graeme Jensen is represented as a dangerous criminal living outside the community; his death is presented not as a tragedy but as the fulfilment of his life's destiny. Other ways of viewing the shooting, that are at least as well supported by the evidence, are given little space. In contrast, the killing of the two police officers is represented as a terrible crime. The great emphasis given to the brutality of the killings and killers, and the innocence of the police victims, constructs the officers as martyrs whose dead bodies provide the rhetorical base for police demands for greater powers, resources, and harsher punishments. The press coverage of the shootings supports the organisational legitimacy and interests of the police; there is little evidence of competition for meaning within the reports, and alternative viewpoints are only included to give the illusion of a contest.
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ItemHow the NCA conceptualises organized crime( 1997)The National Crime Authority (NCA) was established to both investigate and disrupt organized criminal activity. Within the NCA, a Strategic Intelligence Unit (SIU) has been established to undertake assessments of the criminal environment and assist in prioritising areas of work for the Authority. However, there has been an enduring debate in both academic and law enforcement fields about the most appropriate conceptualisation of organized crime. The present thesis has investigated the ways in which personnel within the NCA conceptualise organized crime and apply those conceptualisations to management and investigative tasks. In particular, the definition of organized crime and the associated conceptualisation of that crime developed by the SIU has been compared with the perspectives of a range of other Authority personnel emerging from a series of 21 in-depth interviews. Analysis of the interviews reveal that while the SIU's conceptualisation of organized crime is close to that of the academic community, operational and management personnel adopt conceptualisations which arise from the specific work environments in which they operate. The thesis concludes that the needs of strategic planning, management of complex inter-agency investigations, and operational prioritisation will be better met by closer communication and co-operation between the operational and strategic areas of the Authority.
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ItemRegulatory strategies for controlling irresponsible behaviour by those infected with HIV( 1995)This thesis examines the selection of suitable options to regulate irresponsible behaviour by those infected with HIV. Whilst regulation of disease transmission has been regarded as the domain of the public health system, in recent years, there has been an increasing use of the criminal justice system to regulate this conduct. Accompanying this increased use have been criticisms that the criminal justice system is an inappropriate regulatory response because it is overly punitive and is problematic from a number of social and legal perspectives. In Victoria, the Health Act 1958, the Crimes Act 1958 the Prostitution Regulation Act and the Summary Offences Act 1966 govern conduct in this field. This study investigated the aims, philosophy and operation of both these systems with a view to determining which system is the most effective regulatory option. Five recent Victorian cases involving irresponsible behaviour were examined. Three of these were dealt with by the criminal justice system and two were regulated using public health provisions, providing a comparison of the regulation of this conduct in practice by both systems. It was found that neither system could deal adequately with all issues involved in the effective regulation of this behaviour. However, the Victorian public health system was better able to deal effectively with more of the critical issues than the criminal justice system, namely, protection of the community from dangerous behaviour, prevention of irresponsible conduct through deterrence, rehabilitation of offenders and avoidance of unnecessary restriction on individual liberty. Additionally, the public health system could deal better with issues of compliance with rules of procedural justice, provision of medical treatment for offenders and victims and maintenance of the health of offenders and victims, efficiency in terms of cost and delay and provision of trained personnel to investigate allegations of irresponsible behaviour and to determine appropriate action to be taken. Whilst the criminal justice system could deal better with the issues of protection of the privacy of offenders and victims and the punishment of offenders, these issues were not of sufficient importance to outweigh the benefits health regulation may bring in terms of protection of the community, prevention of the conduct through deterrence and rehabilitation. Indeed, the educative and non-punitive approach proffered by this system is more conducive to reducing the occurrence of this behaviour and providing remedies for it when it occurs. In light of this study's findings, future research should determine appropriate responses to the behaviour of individuals who have a mental illness and/or intellectual disability and who behave irresponsibly and examine the• practical operation of Victoria's HIV / AIDS Advisory Case Management Panel, particularly the panel's decision-making processes.