Caroline Spiranovic

Sentencing and public confidence: results from a national Australian survey on public opinions towards sentencing

This paper examines the critical issue of public confidence in sentencing, and presents findings from Phase I of an Australia-wide sentencing and public confidence project. Phase I comprised a nationally representative telephone survey of 6005 participants. The majority of respondents expressed high levels of punitiveness and were dissatisfied with sentences imposed by the courts. Despite this, many were strongly supportive of the use of alternatives to imprisonment for a range of offences. These nuanced views raise questions regarding the efficacy of gauging public opinion using opinion poll style questions; indeed the expected outcome from this first phase of the four phase sentencing and public confidence project. The following phases of this project, reported on elsewhere, examined the effects of various interventions on the robustness and nature of these views initially expressed in a standard ‘top of the head’ opinion poll.

Fear of Cyber-Identity Theft and Related Fraudulent Activity

Identity theft and related fraudulent activities affect approximately one in twenty-five adults each year across western societies. The Internet provides a new avenue for obtaining identity tokens and identifying information and increases the scale on which identity theft can be perpetrated. Recent research has suggested that fear of these types of crimes now matches or exceeds the fear of traditional place-based crimes, and has the potential to curtail online activities and hinder the further development of e-commerce applications. In this article, we conduct exploratory research identifying predictors of fear of cyber-identity theft and related fraudulent activities, based on the analysis of items included in the Australian Survey of Social Attitudes (2007). Fear was predicted by a generalized fear of crime component and a specific Internet exposure component. Traditional predictors of fear of crime were insignificant or weak predictors, highlighting the need for further research.

A matter of judgement: The effect of information and deliberation on public attitudes to punishment

The idea of reducing public punitiveness through providing information and encouraging deliberation has attracted considerable interest. However, there remains no solid evidence of durable changes in attitude. The study presented here provides a test of the hypothesis that information combined with deliberation can affect general measures of punitiveness, confidence in the courts and acceptance of alternatives to imprisonment (the three dependent variables). The study involved a pre-test, post-test experimental design. Participants were randomly allocated to either an intervention group or a control condition. Statistically significant changes in the dependent variables were observed immediately following the intervention but these changes were not sustained when measured at follow-up nine months later. Further, at the time of the follow-up the differences between the control group scores and the intervention group scores were not significantly different. The observed changes immediately following the intervention are seen to be a function of the changed relationship of the respondent to the task. The implications of the results for integrating public perspectives into policy are discussed. It is argued that rather than a focus on public education, a more productive direction is to focus on the way the public is engaged on matters concerning punishment.

What predicts punitiveness? An examination of predictors of punitive attitudes towards offenders in Australia

A widespread public preference for harsher sentencing (punitiveness) has been documented in a range of national and international studies. The present study examines the relative predictive power of a set of factors most commonly linked with punitiveness. This study is based on the responses given in the largest Australian survey to date of public attitudes to punishment (N = 6005). A combined hierarchical multiple regression model comprising demographic variables, media usage variables, and crime salience variables accounted for a significant 30% of variance in scores for punitiveness. The three variables that emerged as the strongest predictors of punitive attitudes were: perceptions of crime levels; education; and reliance on tabloid/commercial media for news and information. The results have direct implications for how we understand the persistent public preference for punishment and what might be required to ameliorate or respond to that preference.

Young people, child pornography, and subcultural norms on the Internet

Literature to date has treated as distinct two issues (a) the influence of pornography on young people and (b) the growth of Internet child pornography, also called child exploitation material (CEM). This article discusses how young people might interact with, and be affected by, CEM. The article first considers the effect of CEM on young victims abused to generate the material. It then explains the paucity of data regarding the prevalence with which young people view CEM online, inadvertently or deliberately. New analyses are presented from a 2010 study of search terms entered on an internationally popular peer-to-peer website, isoHunt. Over 91 days, 162 persistent search terms were recorded. Most of these related to file sharing of popular movies, music, and so forth. Thirty-six search terms were categorized as spe- cific to a youth market and perhaps a child market. Additionally, 4 deviant, and persistent search terms were found, 3 relating to CEM and the fourth to bestiality. The article discusses whether the existence of CEM on a mainstream website, combined with online subcultural influences, may normalize the material for some youth and increase the risk of onset (first deliberate viewing). Among other things, the article proposes that future research examines the relationship between onset and sex offending by youth.

A country not divided: A comparison of public punitiveness and confidence in sentencing across Australia

Changes to sentencing legislation are often introduced or justified on the basis of satisfying public opinion. If sentencing policy is a reflection of public opinion we should see a concordance between different sentencing policies and public opinion. This paper provides a comparison between Australian States and Territories in terms of two key measures of public attitude concerning sentencing: confidence in sentencing and punitiveness. These results are based on acomprehensive telephone survey (N = 6005) of Australian adults which utilized a stratified random sample of households from the Electronic White Pages. It was found that there were only minor differences in the key measures of public attitude despite the notable differences between the States and Territories of Australia with respect to sentencing policy. Differences in public attitudes across jurisdictions were small, accounting for less than 2 per cent of variation in confidence in sentencing and punitive attitudes scores. In addition, despite the predicted moderately negative association between confidence in sentencing and punitiveness, neither of these variables was related in any systematic way to jurisdictional differences in imprisonment rates. The major implication of these findings is that the wide differences in sentencing practice and policy between jurisdictions in Australia are not linked to differences in public attitudes, supporting Becketts (1997) argument that sentencing policy is better understood as a function of political initiative rather than a direct articulation of public attitude.

Public preferences for sentencing purposes: What difference does offender age, criminal history and offence type make?

Preferences of 800 randomly selected Australians for retributive and utilitarian sentencing purposes were examined in response to brief crime scenarios where offender age, offence type and offender history were systematically varied. Respondents selected rehabilitation as the most important purpose for first-time, young and burglary offenders. Punishment was endorsed as most important for repeat, adult and serious assault offenders. Multinomial logistic regression analysis revealed that offence history was a stronger predictor of public preferences than offender age or offence type; the odds of choosing rehabilitation compared with punishment were significantly increased by a factor of 6.1 for cases involving first-time offenders. It appears that when given specific cases to consider, the public takes an approach akin to that taken by the sentencing courts as they weigh up the importance of the various purposes for the case at hand. Public preferences are thus broadly consistent with current law and sentencing practice.

Measuring jurors views on sentencing: Results from the second Australian jury sentencing study

This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and show that the views of judges and jurors are much more closely aligned than mass public opinion surveys would suggest.

Increasing knowledge of mental illness through secondary research of electronic health records: opportunities and challenges

Aim/Purpose: The primary use of electronic health records (EHRs) is in the care of the individual patient. Secondary research uses employ information in EHRs for purposes beyond that of care of the individual. Secondary research uses may broadly be divided into studies which focus on improving care and treatment of individuals and those which aim to increase knowledge about disease causes, associations and prevalence at a population level. This paper provides a review of studies that have used EHRs to increase knowledge at a population level. It examines the methods used, types of research conducted, difficulties and challenges faced and implications for future research and mental health research in particular. Method: A review was undertaken based on a search for peer-reviewed and recently (i.e. since 2005) published articles with full-text available online. Findings/Results: The studies which have used EHRs to increase knowledge have predominantly involved; (1) data mining to identify biomarkers and gene–disease associations, (2) epidemiological research using linked/merged health records and (3) surveillance, prediction and alerts for diseases/illnesses. The principal methodological challenges identified were data quality, discrepancies/inconsistencies in data and interoperability of EHRs. Conclusions: Despite the challenges faced in secondary usage of EHRs, significant research has been undertaken and researchers have proposed and tested various approaches to address methodological issues. The study methods employed in other fields of medical research can be extrapolated to study issues of significance to mental health using EHRs.

Jurors’ views of suspended sentences

This article examines jurors’ views on sentencing from trials returning guilty verdicts where the offender has been sentenced to a wholly suspended sentence or where jurors have suggested a wholly suspended sentence as the most appropriate sentencing outcome. It challenges the poor public image of suspended sentences and provides further evidence that informed judgement on sentencing issues reveals a public that is not as punitive as is commonly portrayed. However, rather than claiming that the findings support the intrinsic worth of wholly suspended sentences, it is suggested that they indicate a desire to avoid immediate prison sentences in many cases. In other words it shows there is considerable support for non-custodial options in the kinds of cases that attract wholly suspended sentences, even in the case of some crimes of violence.