Sanctions on Punishment: The Crime of Raping a Child

Assistant Professor (University of Texas) Ian Farrell discussed the standard used to determine punishment for the crime of raping a child during a special lecture at the University of Wollongong today. The talk looked at a decision passed by the United States Supreme Court that last month ruled the death penalty for child rape violated a constitutional ban on ‘cruel and unusual punishment’.

“The result rested largely on the personal moral views of the Supreme Court justices, a very uncertain foundation indeed,” said Mr Farrell. Justice Anthony Kennedy, who spoke on behalf of the 4:5 court majority, said the US Constitution prevented any state from imposing the death penalty for the rape of a child when the crime did not result, and was not intended to result, in the victim’s death. He said that current social standards had evolved; meaning capital punishment should only be reserved for crimes that took the life of a victim.

The decision was good news for appellant Patrick Kennedy, 43, of Louisiana, who challenged his death sentence after being convicted for raping his 8-year-old stepdaughter in 1998. Mr Farrell said the case “shows the difficulty in judicial review of legislation under a written Bill of Rights, where such rights will often involve a moral standard and how we balance the sometimes competing values of fundamental rights and evolving moral values with democratic ideals and the rule of law.”

The relevance of today’s discussion was compounded by the remand of a 26-year-old Perth man this July who was accused of sexually assaulting a four-year-old girl in his care. Detective Senior Sergeant Gordon Fairman from the WA Child Protection Squad said the girl suffered serious injuries at the hands of her babysitter. “This is one of the most serious offences that we’ve responded to in recent times,” he said.

It is alleged the assault took place in the girl’s home in the Perth suburb of Osborne Park. The man is due for his next court appearance in two days.

In Australia of course, the man will not be facing the possibility of death sentence - how his punishment compares to that of murderers however will be an interesting one to watch.

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For more information relating to the case of Kennedy v Louisiana and the US constitution’s 8th amendment see ABC news

and

For more information regarding the court Appearance of the WA man convicted of child rape see:

http://www.abc.net.au/news/stories/2008/07/11/2301220.htm

Stamping Out “Career Criminals”

A one-way ticket to the juvenile slammer is what links them but now the government is stepping in to stop a cycle of crime and incarceration. They come from diverse backgrounds: dysfunctional families, drug abuse and domestic violence. The big question is how we stop them from re-offending. According to the NSW Bureau of Crime Statistics and Research (BCSR) 71% of juvenile crims are reconvicted within four years of their first transgression.

This is what the state government is doing about it:

“…when they’re released they have to deal with the harsh reality Mum is a druggie, Dad doesn’t want to work and that the next meal is no guarantee.”

“THE community simply won’t accept uncontrollable kids being left to graduate into career criminals,” said the NSW Attorney General John Hatzistergos in an announcement giving Children’s Court magistrates the power to order participation in education, training and behavioural programs.

New magistrate’s powers will help to deliver on an old election promise with the Attorney General saying they would assist “the Iemma Government achieve its State Plan goals of reducing rates of crime, re-offending and anti-social behaviour.”

For some the political issue is more personal - Blake Cochran has watched members of his extended family effectively grow up in the criminal justice system. “Whilst it is the children who are committing the crimes and being punished, often they know no better. Educational programs may help to show them the error of their ways but when they’re released they have to deal with the harsh reality Mum is a druggie, Dad doesn’t want to work and that the next meal is no guarantee.”

The Attorney General said children who failed to complete their orders could be sent to a juvenile detention centre. “If they refuse to take advantage of this opportunity, they run the risk of spending time behind bars.” Sceptic, Blake tells of a detention culture that wrongly encourages reliance on the system. In his view more time locked up is less time contributing positively to society. “It’s sadly ironic that, after stealing an ATM and subsequently being sentenced, my cousin actually enjoyed his time in gaol. Many of his friends and ‘cousins’ were already there…and he was allowed to workout most of the day.”

In a related study conducted by BCSR 155 Probation and Parole Officers were interviewed to identify obstacles to the rehabilitation of offenders in the community. Officers were asked to rate the importance of services to offender rehabilitation. The three services reported to be extremely important to offender rehabilitation were:

1. Drug and alcohol treatment (cited by 98 per cent as ‘very’ or ‘extremely’ important)
2. Mental health treatment (cited by 94 per cent as ‘very’ or ‘extremely’ important)
3. Secure and affordable accommodation (cited by 91 per cent as ‘very’ or ‘extremely’ important)

For the time being magistrates’ powers in the Children’s Court is a first step. Dealing with re-offending juveniles completely will mean improving services to assist them during and after detention. The new powers of enforcement will “give young offenders a chance to get the skills they need to get a job and turn away from a life of crime,” the Attorney General said.

Bianca May - High Flyer

LISTEN TO AN AUDIO INTRO HERE Bianca May profile interview 2

“I look forward to being posted to many of the northern RAAF bases at the end of next year.”

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Q&A - RAAF Officer Cadet Bianca May is in her second year of a Business degree. A Chipping Norton resident and Hurlstone Agricultural High School graduate, her dreams are big and possibilities even greater. The 19 year-old tells of her decision to turn down an offer studying law at ANU, instead opting for the vibrancy and challenge of service life. With a legal career in her sights it’s little wonder community service is this young local’s driving passion.

What are you studying at the Australian Defence Force Academy (ADFA)?

Bachelor of Business

What are your favourite subjects?

Business Law and Politics

Do you feel local youth are disconnected with the law?

Growing up in the western suburbs it was apparent in certain suburbs the youth were against the law. Students at my high school were commonly ‘rolled’ on the train, some local youth would even wait outside with poles to hit certain students. It was an “us verse them” situation because they mistakenly believed that Hurlstone was a posh/private school. Even if they were wrong, it demonstrated a scant disregard for law. They obviously felt disadvantaged by their circumstances and were looking somewhere to vent this frustration.

I think violence and drugs are the biggest concerns to local youth. The growth of cultural tension in and around Sydney makes going out at night an unnecessarily unpleasant experience. Also, the popularisation of party drugs is alarming. Ecstasy and speed are household terms and I’ve heard stories about teenagers as young as 13 experimenting with drugs.

What do you enjoy most about your university experience?

It is unique. Every time I go home my family and friends can’t get enough of the stories I tell them about even everyday occurrences. There are so many benefits involved with being a student at ADFA. I get paid to study, (I choose to) play sport five out of seven days a week, live with my best friends, all my medical and dental are covered and I have a guaranteed job when I graduate next year.

Why Air Force?

I chose the RAAF primarily for the lifestyle. I don’t have to go to sea or out field for prolonged periods of time. When I signed up I chose my job which differs from the Army who allocate personnel to a corps after RMC. The RAAF has a lot to offer in terms of further training and also jobs that are easily converted into the civilian world (in my case logistics). I also look forward to being posted to many of the northern RAAF bases at the end of next year.

Where do see your career in five years time?

There are always rumours of Defence people being ‘poached’ by unimaginable civilian contracts once their ROSO is up, and I’d be lying if I didn’t admit I’m hoping I am one of those people. With a Business/Law degree I’m confident I’ll have a few options at least. But all this being said I might even want to stay in Defence, it is a long way in the future.

What factors influenced your decision not to take up Law at ANU? Do you have any regrets?

I didn’t take up law at ANU because I didn’t have the support of my family, who wanted me to study law at UTS or USYD or not at all. Financially I wasn’t in a position to move away from home. Initially I had second thoughts about this decision for first session but it subsided. I’ve since learnt that after leaving ADFA I can apply to study law via distance, funded by the RAAF. As I’m already in Defence my chances of transferring to become Legal Officer are quite promising. I can’t say I have any regrets because I know I’ll have the opportunity to study whatever I like in the future. For the meantime I’m enjoying my business degree and am looking forward to the doors it alone opens.

Executive Decisions for the Fairer Sex

The successes of women with legal backgrounds are many. Now they are also proving they can bear the brunt of accountable, public leadership. Australia’s next Governor General, Deputy Prime Minister, two High Court judges and Hillary Clinton are but some model women a generation of ambitious students have to fashion themselves after. Read on to learn about the exciting new program investing in Australia’s tomorrow and giving local female students a foot up onto the corporate ladder.

FEMALE law students faced an important deadline today, the closing date for Lucy applications and the opportunity of a lifetime. The Lucy Mentoring Program, developed by the NSW Office for Women, the University of Western Sydney and the University of Sydney, is an innovative leadership program for undergraduate women who will lead Australia’s corporate and public sectors into tomorrow.

The Lucy program draws mentors from organisations as diverse as the Australian Ballet to NSW Women Lawyers. Its motto is to ‘inspire, motivate and educate’ but most valuable are the practical links made with industry.

For those studying business and law, participants are introduced to their own workplace mentor who will guide them through 35 hours of work based activity over a course of three months. In this time mentors and students complete a small work-related project while also attending larger group sessions to meet and learn from other program participants.

Women represent only 30.3% of executive positions in the NSW Public Sector. The NSW Office for Women says factors contributing to female under representation are complex but include the fact that women continue to bear the greater share of family responsibilities, and that many corporate cultures do not support female leaders. At the program’s inception some years ago Dr Ingrid Schraner, senior lecturer in the School of Economics and Finance at UWS, said that “…students gain an understanding of what it takes to be a successful woman leader and how to get there. There’s a strong focus on providing students with interview skills, networking opportunities, and a sense of how to juggle work and family life.”

Since that time Lucy has gained momentum with the involvement of more partner universitites running autonomous programs for their students. Participating universities for 2008 include:

• University of Western Sydney
• University of Sydney
• University of New South Wales
• University of Newcastle
• University of New England
• University of Wollongong

* For more information see the NSW Office for Women website OR

Refer to the Business and Law faculties of a participating university.

Nevine Youssef - The Business of Families

As the Law Report once described the profession, ‘They’re are a competitive, status conscious, high achieving bunch.” To be fair it takes many things to be a lawyer, especially one practicing in the emotionally turbulent world of Family law. In this ‘women and the law’ feature 35 year old Nevine Youssef showcases her legal career and working-Mum juggling act.

WHEN an Egyptian couple immigrated to Australia in 1985, there was a certainty that their child would one day become an accomplished professional. Years later the daughter of two doctors reflects on her upbringing. “I grew up in a very scientifically-minded family,” she laughs.

Gliding past offices and conference rooms Nevine Youssef gives a quick tour of her professional hub. With a warm smile and reassuring nod she’s pointing at corners and cracking small jokes – this woman is far from pretentious. Her honesty and humour are what make her so good at her job.

An associate of the Marsden’s Law group, the mother of two is an accredited Family Law specialist based in Campbelltown. Bringing a personal integrity to an emotionally charged field of law she says “I think part of the job, you can almost see it as counselling… My role also means being an educator, to educate clients about the legal system – so that people can take control of their own destiny.”

Being a working mother is Nevine’s greatest achievement. “I’m proud of the fact I have balanced family life and career. When I was admitted my eldest daughter was nine months and I did my Practical Legal Training online with a newborn.” Her successes do not come without cost. “Honestly, in this sort of job you become your own worst critic. Sometimes you have to stop putting yourself down and just give it 100%.” Vivacious and confident, it is hard to imagine that an accomplished woman like Nevine possesses any self doubt.

Being a lawyer is a tough act, the hours are long and the work is involved. “It really takes a well rounded person to be good at this sort of thing” Nevine says. “Overall my job is fulfilling and I’m really lucky to be working with the people I do. It’s enjoyable, worthwhile and at times very stressful… at times hard to meet client’s expectations.”

The conviction it takes to assure a client and have real belief in the legal system can be challenging. “You really need an interest in helping people and want to prove that the justice system exists and does work,” Nevine says. Her words about empowering those who need it are sincere, by her approach the client’s interest is foremost.

‘Where do you see your career heading ten years from now?’ She is asked.

A pause.

As her face lights up it becomes clear that a sense of professional certainty was her parents’ greatest gift: “The group I work with bring a knowledge that is satisfying and reassuring to have around. I will continue to do what I’m doing, to only get better.”

Mum’s the Word in the Modern World

A MUST READ for Australian women who want to be able to care for their baby while retaining their skills and their job!

FEDERAL Sex Discrimination Commissioner Elizabeth Broderick used this Mother’s Day to urge a greater push forward. As Mum’s over are being showered with love and recognition, ways to help nurture the work-family balance will be put under the spotlight in a Productivity Commission inquiry into paid maternity leave.

“The demands of family life seem to be the biggest obstacle to female advancement,” says co-secretary of the NSW Women Lawyers Society, Georgina Gowland. With the law’s approach to the work-family balance only going so far, Industrial legislation and anti-discrimination legislation is limited and it is the modern day woman who is bearing the cost.

Commissioner Broderick said that “with nearly 70 per cent of women of child bearing age in the workforce and only one third of women able to access paid maternity leave [it] is a pressing issue.”

For years now lobby groups have campaigned for the introduction of fully funded minimum term maternity leave followed by optional extended unpaid leave and flexible return to work arrangements. In a media release this March, Australian Women Lawyers President, Fiona McLeod SC said “the discussion should no longer be focused on whether we introduce these supports but on how we do so and do so quickly.

The referral to the Productivity Commission should not be used to delay the introduction of these important measures,” McLeod said.

The productivity Commission is holding public hearings and is accepting submissions up until 2 June 2008.

If you support the need for paid maternity, paternity and parental leave, make your voice heard:

Email your submissions to the Productivity Commission to parentalsupport@pc.gov.au or to read existing submissions go to www.pc.gov.au/inquiry/parentalsupport. A draft report is expected by September.

Assessment Outline

Learning and Assessment Task No 2: Local Blog

Marked out of 100 – Weighting 50% of final assessment

1. Assessment Task Description: Each student will develop a news and resource blog for their local area that includes:

• Three current news stories (300 words each)
• Two short profiles of local people (400 words each)
• A set of links to local resources (400 words)
• A description of the local area that includes a brief history and description of local attractions and/or problems (400 words)
• Photographic elements that enhance entries

These are minimum requirements and students are encouraged to add other elements that give their blog a focus and sense of particular identity

Associated In-Class Learning Tasks:

In order to assist students with this assessment task a number of exercises and resources will be provided by the workshops:

• This assignment is a capstone project that should bring together and demonstrate all the skills in news gathering and news writing that have been developed in class exercises through the semester
• It follows on directly from the first learning and assessment task – the research portfolio
• It will build on their experience of blogging begun in week 2 through the establishment of a personal reflective blog
• Week 8 will de devoted to developing effective blogs
• Students must present preliminary ideas in class week 9 for peer feedback.
• Students will work with the subject co-ordinator in weeks 11 and 12 to refine their blog

Associated Out-of-Class Research Activities

In order to complete this task satisfactorily students must engage in a program of independent study and research. This includes, but is not limited to:

• Read and reflect on the allocated weekly readings from the text book and associated e readings
• Regularly read newspapers and online news sites
• Regularly read local news publications
• Visit local resource areas such as council and library
• Regularly visit a range of blogs

2. Assessment Criteria: Students must show that they are developing:

• An ability to identify interesting news stories;
• An ability to research news issues
• An ability to write effective news stories
• An understanding of the unique characteristics of blogging and its application to news reporting

3. Due date: The finished blog must be ready for assessment by midnight Saturday 24 May. The url must be emailed to the subject co-ordinator with a brief statement (200-300words) that sets out the particular focus and purpose of the blogging project.

4. Must attempt: Yes

NOTE: Students are required to keep copies of all material on their blogs in word format this includes both stories, links and photography. This is a precaution in case of file corruption or the failure of third party blogging software.