Judith McCulloch

Pre-crime: pre-emption, precaution and the future

1. Introduction: pre-crime: pre-emption, precaution and the future 2. Before pre-crime 3. Risking the future: pre-emption, precaution and uncertainty 4. Pre-empting justice: pre-crime, precaution and counterterrorism 5. Pre-crime science, technology and surveillance 6. Evidence to intelligence: justice through the crystal ball 7. Creating terror: pre-crime, undercover agents and informants 8. Pre-crime: securing a just future.

The Haneef case and counter-terrorism policing in Australia

The Haneef case focused Australian and international attention on the operation of counter-terrorism policing. This article identifies key aspects of the broader federal police approach to counter-terrorism policing used in the Haneef investigation and specifically focuses on the role of ‘perceptual interventions’ made by the Australian Federal Police via national media releases during the investigation. The article outlines the counter-productivity and other shortcomings of the prevailing federal counter-terrorism policing approach.

International Students and Gender-Based Violence

Headlines such as “Man Jailed for Train Station Attack on Indian Student,” “Fatal Stabbing Hits Indian Student Hopes,” and “Indian Student Bashings on the Rise in Sydney” highlight violent crimes against male international students by strangers in public spaces. The media reports run contrary to the perceptions of our interviewees who suggest that violence against female international students by known perpetrators in private spaces is common. We argue that intersecting inequalities relating to gender, race, and class are often compounded by the status of “international student.” Discussions focus on various forms of gender-based violence and gender violence education and support programs in Australia and the United States.

Punishing Gendered Violence as Hate Crime: Aggravated Sentences as a Means of Recognising Hate as Motivation for Violent Crimes against Women

Abstract This article considers the use of aggravated sentencing provisions available under hate crime models to enhance punishment in selected cases of extreme violence against women. Grounded in an analysis of cases studies from Australia and New Zealand, this article adds to the literature on gender, hate crime and punishment by exploring the value of aggravated sentencing in key cases that mobilise public debate and disquiet about violence against women. Whilst acknowledging the risks of mobilising hate crime discourses to denounce and punish violence against women, this paper contends that the selective use of aggravating sentencing provisions in some cases offers a valuable opportunity to contest gendered violence. Although cases of extreme violence by strangers against women are rare, the visibility of and community concern over such crimes does offer a platform to build community knowledge and understanding about all forms of violence against women. Aggravated sentencing for hate crimes therefore, although potentially applicable in a small number of cases, can have a wider beneficial effect.

Is more law the answer? Seeking justice for victims of intimate partner violence through the reform of legal categories:

In 2015 in England and Wales a new offence of controlling or coercive behaviour was introduced with the aim of improving legal responses to intimate partner violence. Recognizing the historical limits of legal interventions in this area, this article examines the efficacy of coercive control as a conceptual device for improving access to law and justice outcomes for women victims. To do so, it considers the problems and possibilities of translating a concept generated from clinical practice into legal practice alongside an exploration of the potential unintended consequences of this new offence. The gendered analysis undertaken here reveals the limitations of framing women’s experiences as ‘coercive control’ in law and concludes that, in the case of coercive control, more law is not the answer to improving responses to intimate partner violence.

Understanding and responding to family violence risks to children: Evidence-based risk assessment for children and the importance of gender:

This article responds to recent calls to better understand and respond to family violence risks to children. Drawing on the findings of a wider research project on family violence risk which engaged with over 1000 members of Victoria’s family violence system through a survey, focus groups and in-depth interviews, this article examines practitioners’ views on current practices and future needs for reform to improve family violence risk assessment practices for children. The findings have implications both nationally and internationally, given the dearth of evidence-based family violence risks assessment tools. Key findings reinforce the importance of interagency collaboration and a shared responsibility for children impacted by family violence across services and the importance of specialised training in this area. Caution, however, is raised about ongoing patterns of blame for mothers affected by family violence: we conclude that the need to address children’s risk in family violence is critical but ongoing attention to how gendered patterns structure family violence and social responses is also essential.