Journal articles on the topic 'Washington (State). Division of Criminal Justice'

<p><em>I begin by sharing a bit about my past. Before I became a professor, I spent 13 years as a lawyer representing persons with mental disabilities, including three years in which my focus was primarily on such individuals charged with crime. In this role, when I was Deputy Public Defender in Mercer County (Trenton) NJ, I represented several hundred individuals at the maximum security hospital for the criminally insane in New Jersey, both in individual cases, and in a class action that implemented the then-recent US Supreme Court case of Jackson v Indiana, that had declared unconstitutional state policy that allowed for the indefinite commitment of pre-trial detainees in maximum security forensic facilities if it were unlikely he would regain his capacity to stand trial in the ‘foreseeable future.’</em></p><p><em>I continued to represent this population for a decade in my later positions as Director of the NJ Division of Mental Health Advocacy and Special Counsel to the NJ Public Advocate. Also, as a Public Defender, I represented at trial many defendants who were incompetent to stand trial, and others who, although competent, pled not guilty by reason of insanity. Finally, during the time that I directed the Federal Litigation Clinic at New York Law School, I filed a brief on behalf of appellant in Ake v Oklahoma, on the right of an indigent defendant to an independent psychiatrist to aid in the presentation of an insanity defence. I have appeared in courts at every level from police court to the US Supreme Court, in the latter ‘second-seating’ Strickland v Washington. I raise all this not to offer a short form of my biography, but to underscore that this article draws on my experiences of years in trial courts and appellate courts as well as from decades of teaching and of writing books and articles about the relationship between mental disability and the criminal trial process. And it was those experiences that have formed my opinions and my thoughts about how society’s views of mental disability have poisoned the criminal justice system, all leading directly to this paper, that will mostly be about what I call ‘sanism’ and what I call ‘pretextuality’. The paper will also consider how these factors drive the behaviour of judges, jurors, prosecutors, witnesses, and defence lawyers, whenever a person with a mental disability is charged with crime, and about a potential remedy that might help eradicate this poison.</em></p><p><em><span style="font-family: Times New Roman;"><span style="font-size: medium;">It is essential that lawyers representing criminal defendants with mental disabilities understand the meanings and contexts of sanism </span><span style="font-size: medium;">and </span><span style="font-size: medium;">pretextuality </span></span><span style="font-family: Times New Roman; font-size: medium;">and to show how these two factors infect all aspects of the criminal process, and offer some thoughts as to how they may be remediated. </span><span style="font-family: Times New Roman; font-size: medium;">I believe – and I have been doing this work for over 40 years – that an understanding of these two factors is absolutely essential to any understanding of how our criminal justice system works in the context of this population, and how it is essential that criminal defence lawyers be in the front lines of those seeking to eradicate the contamination of these poisons from our system.</span></em></p><p><em><span style="font-family: Times New Roman; font-size: medium;"><br /></span></em></p><p><span style="font-family: Times New Roman; font-size: medium;">*Please note this is an invited paper - ie. not peer reviewed*</span><em><span style="font-family: Times New Roman; font-size: medium;"><br /></span></em></p><p> </p>

Scholarship on the expansion of the U.S. carceral state has primarily focused on imprisonment rates. Yet the majority of adults under formal criminal justice control are on probation, an “alternative” form of supervision. This article develops the concept of mass probation and builds a typology of state control regimes that theorizes both the scale and type of punishment states employ. Drawing on Bureau of Justice Statistics data from 1980 and 2010, I analyze whether mass probation developed in the same places, affecting the same demographic groups and driven by the same criminal justice trends, as mass imprisonment. The results show that mass probation was a unique state development, expanding in unusual places like Minnesota and Washington. The conclusions argue for a reimagining of the causes and consequences of the carceral state to incorporate the expansion of probation.

Discussions of the Separation of Powers (SOP) tend to be related to the administrative state, at the expense of the criminal state. This research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the rights of citizens. Despite being regulated according to democratic principles, the criminal justice system of Kuwait has been described as excessively controlled by executive bodies. Currently, there appears to be a lack of research explaining how numerous criminal justice bodies in Kuwait can effectively promote the principles of freedom, democracy, and equality before the law. The proposed research aims to provide insights into the SOP between institutions and to assess its effectiveness in addressing the principles stated in the Constitution of Kuwait. The origins of the modern Kuwaiti criminal justice system will also be explored, with a focus on British Jurisdiction (as a past influence) and French, Egyptian and Islamic law (as continuing influences). This development history makes Kuwait an excellent example of the diffusion of law, which, although it has been investigated widely, is still a topic of interest among modern researchers, alongside human rights and their protection through the criminal law system. This is one of the first studies to discuss the SOP in the Kuwaiti criminal justice system as a mixed phenomenon that can influence the protection of Kuwaiti citizens’ human rights at each stage of law enforcement and prosecution.

Monetary sanctions are a common tool for enforcing accountability within the criminal justice system. However, it is unclear how individuals with disabilities who have a limited capacity to work interact with the system of monetary sanctions. Drawing on courtroom observations and interviews in Washington State, we find that although the court does take disability into account when imposing economic sanctions and monitoring payment compliance, individuals with disabilities end up in a perpetual cycle of administrative hearings that can result in serious financial and health consequences for those involved. Implications for findings are discussed.

Narcotics crime is not only done by someone who has entered adulthood. In fact, the involvement of children in the vicious circle of narcotic crime has often been encountered. In response, the Government issued Law No. 11 Year 2012 on the Criminal Justice System for Children to accommodate children with legal problems. In the Criminal Justice System Law for Children found a concept that is not encountered in another law that is diversion. Diversion is the transfer of the settlement of child cases from criminal justice process to process outside of criminal justice process. The requirement for a child to be made a diversion effort is a criminal threat against the child is not more than 7 (seven) years and not the repetition of criminal offense. Drug Division of Bandung City Police Department in the period of investigation 2015 - 2017 has handled 7 (seven) narcotics cases done by the child. The success rate of diversion in the BCPD is more than 50%, although not a few factors can hamper the enforcement of diversion itself. This study aims to find out how the process of diversion conducted by BCPD Drug Division and whatever obstacles they face. This research was conducted using normative juridical approach method and empirical juridical research specification, that is by examining secondary data consisting of primary law material, secondary law material, and field research in the form of a third party related interview. It can be argued that the application of diversion is not easy but does not make the process of applying diversion of children stalled. In addition to the necessary reforms in the aspect of a legislative establishment, it is also necessary to develop the infrastructure and capacity building of the law enforcement in the implementation of the diversion process, so that the implementation of diversion system can be done optimally. Thus, Indonesia as a just state of law can provide complete protection and justice for children from the conventional criminal justice systems Keywords: Child Criminal Court System, Diversion, Law Enforcement

The article examines the criminal law principle of justice from the point of view of traditional philosophical thought, which assumes the division of the world into an ideal and material substance. As an example of the ideal substance of justice, the author suggests considering the moral world order, a particular manifestation of which should ideally be the constitutional system of a particular state. The material substance of justice, in the author's opinion, should be clearly refl ected in the norms of the criminal law. As a theoretical premise of the stated approach, the assumption is put forward that a person as a personal Creator and performer of law, passing through the idea of justice as a fundamental socio-philosophical, political and legal phenomenon, formulates the criminal law principle of justice. This approach plays an important methodological role in overcoming one-sided trends in the consideration of its nature and assumes its construction on the basis of a two-level structure that includes legislative and law enforcement elements. On the basis of the position put forward by the famous philosopher Thomas Aquinas on the requirements imposed on the law, analyzes the judicial practice and norms of the current criminal law for its compliance with the principle of justice. The thesis that its effective implementation is an indicator of the quality of the criminal law is substantiated.

SummaryA recent decision of the Ontario Court of Justice (Provincial Division) involving criminal charges of perjury and attempting to obstruct justice against a consular officer posted in Toronto was the occasion for a comprehensive review of the scope and application of consular immunity in Canada. Contrary to the arguments presented by the attorney general of Ontario and the evidence and opinion of the secretary of state for External Affairs, Canada, the court ruled that the consular officer was immune from the criminal jurisdiction of the Court. The Court concluded that the consular officer’s actions were performed in the exerdse of consularfunctions and that while the impugned acts occurred outside the geographical consular district, the immunity was not compromised. The authors conclude that relief through diplomatic channels, rather than criminal prosecution, is the appropriate mechanism for addressing consular misconduct.

Background: Criminal justice system involvement has been associated with health issues, including sexually transmitted disease. Both incarceration and sexually transmitted disease share associations with various social conditions, including poverty, stigma, and drug use. Methods: United States state laws (including Washington, D.C.) regarding drug possession and consequences of drug-related criminal convictions were collected and coded. Drug possession policies focused on mandatory sentences for possession of marijuana, crack cocaine and methamphetamines. Consequences of drug-related convictions included ineligibility for public programmes, ineligibility for occupational licences and whether employers may ask prospective employees about criminal history. We analysed correlations between state sexually transmitted disease rates and percentage of a state's population convicted of a felony. Results: First-time possession of marijuana results in mandatory incarceration in one state; first-time possession of crack cocaine or methamphetamines results in mandatory incarceration in 12 (23.5%) states. Many states provide enhanced punishment upon a third possession conviction. A felony drug conviction results in mandatory ineligibility for the Supplemental Nutrition Assistance Program and/or Temporary Assistance for Needy Families in 17 (33.3%) states. Nine (17.6%) states prohibit criminal history questions on job applications. Criminal convictions limit eligibility for various professional licences in all states. State chlamydia, gonorrhoea and syphilis rates were positively associated with the percentage of the state population convicted of a felony ( p < 0.05). Conclusion: While associations between crime, poverty, stigma and health have been investigated, our findings could be used to investigate the relationship between the likelihood of criminal justice system interactions, their consequences and public health outcomes including sexually transmitted disease risk.

The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature.

This study examined supervisory strategies for employees with criminal history from the perspective of supervisors with experience in overseeing formerly incarcerated employees. The primary goal of the study was to determine strategies used by supervisors that can be integrated into management training and disseminated to employers interested in hiring individuals with criminal history. For that purpose, 10 semistructured interviews were conducted with supervisors at Pioneer Human Services (Washington State, USA), a large nonprofit social enterprise that operates businesses employing justice involved individuals and reinvesting revenues into services that support this population. The purposive sample of supervisors consisted of individuals considered to be skilled in supervising employees with criminal history. Data were analyzed using a priori and inductive codes. Two supervisory strategies emerged from the interviews: supervisors should demonstrate cultural competence in their interactions with formerly incarcerated employees, and be knowledgeable about community resources to connect employees to resources.

Prison overcrowding has intensified interest in sentencing commissions and guidelines. Minnesota and Washington have demonstrated that such systems can conserve state resources and buffer political pressures while achieving a reasonably consistent and accountable sentencing system. More commissions fail, however, than succeed. The successes have been characterized by talented staffs, adequate resources, effective political leadership, and processes that encompass all affected constituencies. Difficult policy issues, such as abolition of mandatory sentencing laws, should be faced at the outset. Where criminal justice policy is so politicized that hard choices cannot be addressed, the sentencing commission approach is likely to fail.

An Ancillary Meeting on the topic of ‘Terrorist Victimization: Prevention, Control, and Recovery’ was held at the United Nations Center in Vienna, Austria on Wednesday, April 12, 2000 in conjunction with the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The Congress focused on ‘Crime and Justice: Meeting the Challenges of the 21 st Century.’ The Ancillary Meeting was sponsored by the State University of New York, Plattsburgh, USA and chaired by Dr. Dilip K. Das, Professor in the Department of Sociology and Criminal Justice at that University. The speakers included Alex P. Schmid, Officer-in-Charge, Terrorism Prevention Branch, United Nations; George H. Millard, Sao Paulo, Brazil, Dr. Ely Karmon, Senior Research Scholar, International Policy Institute for Counter-Terrorism, Kerzlyia, Israel; and Dr. Harvey W. Kushner, Professor and Chair, Department of Criminal Justice and Security Administration, Long Island University, Brookville, New York, USA. Other presentations were made by Dr. David Rapoport, University of California, Los Angeles, California, USA; Niles Lathem, The New York Post, Washington, D.C., USA, Arvind Verma, Department of Criminal Justice, Indiana University, Bloomington, Indiana, USA, Dr. S. Subramanian, Raghavendra Nagar Shvrampally, Hyderabad, India, George Ballard, Grand Valley State University, Allendale, Michigan, USA and Boaz Ganor, International Policy Institute for Counter-Terrorism, Herzlyia, Israel. In the presentations by speakers from Europe, North America, North Africa, the Middle East, Asia and South America and in the ensuing discussions, a wide variety of issues, concerns, and prevention strategies were covered in a global framework, and also applied to situations in specific countries and continents. The papers and the sessions focused on a number of themes, including an assessment of the main contemporary trends in terrorism, the politicalization of terrorism, the effects that terrorism has on primary and secondary victims, the linkage of terrorism with organized crime, and the measures that governments, international organizations, and justice agencies can take to curtail and eradicate terrorism, including international cooperative efforts.

How do members of racial groups explain the large disparity in the way Blacks and Whites are treated by the criminal justice system in the United States? And how do such explanations (attributions) influence support for punitive crime control policies in America, as well as arguments against such policies? Our study of the structure, sources, and consequences of racial attributions in the justice system, using original survey data in Washington state, contributes to the literature in several ways. First, unlike traditional measures of racial prejudice—that is, racial resentment and stereotypes—our measure of racial attributions distinguishes cleanly between dispositional explanations (e.g., Blacks’ aggressive nature) and discrimination. Second, we examine the attributions of three pivotal groups with different experiences with legal authorities: Latinos, Blacks, and Whites. Third, an issue framing experiment demonstrates the power of both attributions for shaping support for the death penalty and arguments against the policy based on racial justice.

The paper demonstrates the connection between law and economics. The criminal procedure is considered from new positions of economic regulation. The main narrative of the work is the possibility and necessity of perceiving criminal proceedings as a system that exists not only according to the laws of jurisprudence. The importance of the synthesis of criminal procedural law and economics is dictated by the modern level of development of scientific knowledge, technologies and ideas. The traditional division of sciences is gradually giving way to complex, interdisciplinary research. The activity of subjects of criminal proceedings is no exception. The existing reality dictates: the investigation of criminal cases is a criminal procedural services provided by the investigation, prosecutor’s office and court on behalf of the state. Interaction with the consumers of these services in the person of citizens and the organization, the order and mechanism of cooperation of the competent authorities themselves with each other — this understanding makes the use of economic laws justified for the most effective criminal proceedings. The presented study makes it possible to re-evaluate the qualitative volume of criminal proceedings and offers a topical discourse on the role of seemingly completely different sciences in solving the problems of criminal justice. A distinctive feature of the work is the use of modern opinions, sources and materials in the preparation of the theses outlined in it.

Mr. DiRosa obtained a Master’s in Public Administration (MPA), with a focus on managing federal agencies, from The George Washington University in 2002. While at GWU, Andy served as editor of Policy Perspectives, and was awarded the Leadership Award and was inducted into the Pi Alpha Alpha public administration honor society. Andy obtained a BA from Old Dominion University (Norfolk, VA) in English and Political Science in 1987. While at ODU he was elected to two terms on the student senate.Presently, Andy is the assistant section chief of the Executive Intelligence Section in the FBI’s Directorate of Intelligence at FBI Headquarters. In this capacity he helps oversee daily operation of 24-hour units that prepare the daily intelligence briefing materials for the FBI Director, US Attorney General, and other senior executives. Andy has also worked in the FBI’s Counterterrorism Division, as an intelligence analyst and supervisor, and in the FBI’s training division and office of public affairs, as managing editor of the FBI Law Enforcement Bulletin, a widely read criminal justice journal. He authored book reviews and journal articles, including features on street gangs and the impact of the Second World War on US law enforcement. While in the Counterterrorism Division Andy served in an international intelligence cell at NATO headquarters in Brussels. Mr. DiRosa has also represented the FBI at bilateral intelligence exchanges with Canada and the United Kingdom. (Views expressed are those of Mr. DiRosa and do not necessarily reflect the views of the FBI.)

Policing in the United States is not the same profession it was before Michael Brown’s death on a street in Ferguson, Missouri, five years ago. Police use of lethal force has become central to the debate triggered by Ferguson. In this article, I review steps taken to implement policing reforms at local, state, and federal levels; note obstacles to reform; and speculate about which proposals advanced by authors in this volume might be implemented by policy-makers at different levels of government. I conclude by suggesting four areas where attention is needed if reform measures are going to be successfully institutionalized, and I comment on current bipartisan attention in Washington to criminal justice that offers the potential for federal action.

In this exploratory cross-cultural study, we use interview data from representatives of social service, criminal justice, and policy-making agencies in two capital cities (Washington, D.C.) and Madrid, Spain) to compare responses to domestic violence within each country's sociolegal and cultural context. While both countries have patriarchal structures, there is great difference in the history, funding, development, and participants of the battered women's movement. For instance, in Spain the government determined the appropriate response to domestic violence from the onset, whereas in the United States the power to frame, find, and respond to the issue operated through a more insidious process of state cooptation. In both countries, wider social changes did not result; rather, services were provided as the movements became tied to finding requirements and to satisfying bureaucratic exigencies. Within this context, we analyze respondents' perceptions and interpretations of domestic violence as well as the institutional practices and future strategies proposed for continued social action.

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

BackgroundHealth systems can be integral to addressing population health, including persons with incarceration exposure. Few studies have comprehensively integrated state-wide data to assess how the primary care system can impact criminal justice outcomes. We examined whether enhanced primary care can decrease future contact with the criminal justice system among individuals just released from prison.MethodsWe linked administrative data (2013–2016) of Connecticut Department of Correction, Department of Mental Health and Addiction Services, Department of Social Service, Court Support Services Division, and Department of Public Health to conduct a quasi-experimental study using propensity score matching of 94 participants who received enhanced primary care in Transitions Clinic to 94 controls not exposed to the programme. The propensity score included 23 variables, which encompassed participants’ medical and incarceration history and service utilisation. The main outcomes were reincarceration rates and days incarcerated in the first year from the index date, which was either enrolment in the Transitions Clinic programme or release from prison in the control group.ResultsThe odds of reincarceration, including arrests and new convictions, were similar for the two groups, but Transitions Clinic participants had lower odds of returning to prison for a parole or probation technical violation (adjusted OR: 0.38; 95% CI 0.16 to 0.93) compared with the control group. Further, Transitions Clinic participants had fewer incarceration days (incidence rate ratio: 0.55; 95% CI 0.35 to 0.84) compared with the control group.ConclusionsEnhanced primary care for individuals just released from prison can reduce reincarceration for technical violations and shorten time spent within correctional facilities. This study shows how community health systems may play a role in current strategies to reduce prison populations.

The paper analyses how the (mis)use of the concept of international society in the context of the US and other Western countries` foreign policies legitimises an alleged defensive role of the interventionist imperial policy towards rogue, weak and failed states, as well as towards various non-state actors who contest the universality of liberal order. The starting assumption is that the asymmetric character of armed conflicts in the late 20th and early 21st century - combined with notions of international society, democratic peace, and world division into the ?civilised? (liberal) centre and ?uncivilised? periphery - has conditioned the planning and waging wars as disciplinary tools of the Western imperial control policy which is asserted over planetary periphery. The analysis focuses on several indicators which reveal how the methodology of the policing, the criminal justice system and the penalty system is embedded into the ontology of military interventions pursued by the United States, alone or within ad hoc coalitions with other Western and/or regional powers. The author concludes that war as a social practice lost in the early 21st century its traditional ontological features by assuming the structural characteristics of crime control policy, which caused the disruption of the ethical framework in the discursive and practical treatment of hostile states and their soldiers and non-state actors.

<p>In 1972, a small group of Georgetown University law students developed a series of practical law lessons for use with public high school students in Washington, D.C. These visionaries recognized that ordinary citizens—not just lawyers—needed a basic understanding of practical law in order to take on civic responsibilities. The lessons were popular with the high school students and with their law student teachers. Responding to their practical nature, the high school students called these lessons “Street Law.” The name stuck.</p><p><br />A pilot program in two local high schools in 1972–73 launched a movement—first in the United States but eventually around the world—to teach the public about law and public policy using learner-centered, interactive teaching methods. Today, Street Law programs can be found in every state in the U.S. and in more than 40 countries around the world.</p><p><br />Propelling this global movement to advance justice through practical education about law and democracy is Street Law, Inc., a Washington, D.C. area non-profit organization that is an outgrowth of the early Street Law program at Georgetown University Law Center. That pilot effort has also grown into a full-fledged, credit-bearing experiential education program at Georgetown that has served as a model program for more than 120 law schools across the country and around the world. Nearly 1,000 upper division Georgetown Law students have participated in this program since its inception. Many have gone on to positions as law firm partners, corporate counsel, government officials in the U.S. and abroad, and even members of the federal court bench. They have taken from their law school experience a commitment to public education about law and democracy.</p>

Trauma and co-occurring substance use disorders are disproportionately prevalent in individuals involved in the criminal justice system. The Thurston County Drug Court Program (TCDCP) in Washington State conducted a preliminary study with 220 participants arrested for nonviolent, felony drug-related crimes. All TCDCP participants were required to engage in a structured 12- to 18-month 3-phase program referred to as Program as Usual (PAU). Data was collected from 2004 to 2009 to investigate the efficacy of adding an “Integrated Trauma Treatment Program” (ITTP) component for those endorsing a Criterion A trauma history (68% of TCDCP). The ITTP combined 2 empirically supported trauma therapies in a phased, integrated approach: mandatory Seeking Safety groups followed by voluntary, individual eye movement desensitization and reprocessing (EMDR) therapy. The investigators hypothesized that trauma-specific treatment might improve existing program outcomes, including higher graduation rates and lower postprogram recidivism. One hundred twelve of the initial 150 participants endorsing trauma completed the Seeking Safety groups and were offered individual EMDR therapy. Of those 112, those who selected EMDR therapy (n = 65) graduated at a rate of 91%; those who declined (n = 47) graduated at 57%. Recidivism rates also differed among TCDCP graduates: PAU, 10%; graduates selecting EMDR therapy, 12%; and graduates declining EMDR, 33%. This article summarizes the literature, describes the ITTP program, reports on graduation rates and recidivism outcomes, and discusses possible differences between those who selected and those who declined EMDR therapy. The authors discuss the benefits of including EMDR therapy in drug court programs with recommendations for future research.

Purpose The purpose of this paper is to investigate the relationship between rates of firearm homicide in New York State (NYS) and indicators of access to and quality of healthcare from 2011 to 2017. Design/methodology/approach Utilizing data from the NYS Division of Criminal Justice Services Uniform Crime Reporting Supplemental Homicide Reports and Robert Wood Johnson Foundation County Health Rankings Program, a county-level ecologic study was conducted, descriptive statistics provided and multivariable analyses conducted to determine the associations between critical indicators of county health and firearm homicide. Findings The majority of firearm homicide victims (n=2,619) were young, Black, men and the highest rates of firearm homicide were situated in urban centers. Subgroup analyses excluding large urban centers and controlling for key demographics illustrated that those counties with lower rates of clinicians were significantly associated with higher rates of firearm homicide. Research limitations/implications Despite challenges integrating two large data sets, the present findings were able to illustrate the critical relationship between access to healthcare and prevalence of firearm homicide. Practical implications The results of this study reinforce the importance of access to primary healthcare services and its relationship to critical health outcomes. Social implications In urban settings, firearm homicides disproportionately impact young Black men, who are among the least likely to have access to healthcare. In more rural areas, access to healthcare is related directly to improved health outcomes, including reduced rates of firearm homicides. Originality/value This is the first study to explore and subsequently establish the relationship between indicators of community health and firearm homicide in NYS.

AbstractThis article investigates the socio-genesis of two different types of criminal justice developed at the border of the state. At this border, the field of international criminal justice was differentiated from the field of transnational criminal justice. The article analyzes how elites of these two fields are characterized by distinct relations to the state that structure their ability to affect criminal justice outside of the national context. These professionals worked in parallel in national systems of justice where they accumulated distinct patterns of expertise and access to the state. On the basis of these socio-professional differences, law and police professionals helped define new criminal justice initiatives at the border of the state that deepened the division between them. The development of international criminal justice was dominated by professionals of law whereas transnational criminal justice was built primarily around police professionals. Societal responses to globalized crime are structured by this disjointed space of criminal justice in which legal and police professionals dominate distinct enforcement initiatives.

Abby Walsh is the director of the Council on Criminal Justice (CCJ). Before co-founding the Council on Criminal Justice, Walsh led state engagements for the Pew Charitable Trusts, where she spent more than five years partnering with policymakers to enact data-driven solutions that safely reduced prison populations, improved outcomes for youth in juvenile justice systems, and expanded treatment for substance use disorders. Earlier, she worked to modernize court practices and data collection in the federal judiciary. Walsh is a New Leaders Council Fellow ('17) and a graduate of American University's School of Public Affairs (BA '07) and the Trachtenberg School of Public Policy and Public Administration at The George Washington University (MPA '12). In February 2020, Thomas Rachko interviewed Walsh for Policy Perspectives.

The purpose of this study is multidisciplinary research of the amendments to anti-corruption criminal-legal norms connected with crimes of corruption. By the example of statistics, judiciary and work practices of operational division in the regions of Siberia and the Central Russia norm application in questions of small-sized bribery are discussed together with unsystematic nature of its introduction to criminal law undermining justice principle. This study analyses criminal law cases connected with criminalization of corruption actions in the domain of purchases of goods, works, and services for supplying of state or municipal necessities. This article supports the idea of necessity of struggle with provocation of the bribe or bribery, including operational units realized by employees. Differences of operational experiment conducted for registration of corruption action, and provocation of the bribe or bribery are indicated

The paper analyses the conditions for guaranteeing justice for people with intellectual disabilities. As argued by the authors, justice is a highly generalized category, reflecting the combined value system, relating to social morality, politics, law and the operation of the state apparatus. A person who wants access to justice must understand and apply the whole of factors such as the legal system and law enforcement institutions. Meanwhile, people with intellectual disabilities are those with special cognitive disabilities, making it difficult for them to understand and apply the stated factors. This requires that in addition to their own efforts, they need to have the support of the state, society and family to ensure access to justice. Access justice is a very important right of people with disabilities. Ensuring access to justice in criminal proceedings is to ensure their rights, benefits, and dignity as a vulnerable group of people in society. Keywords: Disable, intellectual disabilities, justice, criminal proceeding. References: [1] Henry Campbell Black M.A. St.Paul, Minn, Từ điển Luật Black (Black’s Law Dictionary), Nxb West Publishing Co, p.447, 1983. [2] Viện ngôn ngữ học, Từ điển Tiếng Việt, NXB Từ điển Bách khoa, (1999) 210. [3] Nguyễn Lân, Từ và ngữ Tiếng Việt, NXB Tổng hợp Hồ Chí Minh, 2006.[4] Đảng cộng sản Việt Nam, Văn kiện Đại hội Đại biểu toàn quốc lần thứ XII, Văn phòng Trung ương Đảng, (2016) 114.[5] http://www.who.int/topics/disabilities/en/.[6] Mary Lowth, Nghiên cứu chung về khuyết tật nhận thức (General Learning Disability), The Information Standard (2016). https://patient.info/doctor/general-learning-disability. [7] Harkin, Báo cáo số 111-244 về Luật ROSA (Report 111-244 on ROSA’S LAW), Washington D.C (2010) 3.https://www.gpo.gov/fdsys/pkg/CRPT-111srpt244/pdf/CRPT-111srpt244.pdf.[8] Sách Trắng về sức khỏe và chăm sóc xã hội cho người bị khuyết tật về trí tuệ năm 2001 (The 2001 White Paper on the health and social care of people with learning disabilities). [9] Chỉ số IQ có thang điểm trung bình là 100, hầu hết mọi người có IQ từ 85 đến 115. Một người được xác định có khả năng cao bị thiểu năng trí tuệ nếu chỉ số IQ của họ thấp hơn từ 70 đến 75.[10] Nghiên cứu về Gánh nặng bệnh tật toàn cầu năm 2013 (Global Burden of Disease Study 2013), Collaborators, (2015).https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4561509/.[11] Hiệp Hội tâm thần Hoa Kỳ (American Psychiatric Association), Cẩm nang chẩn đoán và thống kê về rối loạn tâm thần 14 (Diagnostic and Statistical manual for mental disorders 14), 2d ed., 1968.[12] Nguyễn Ngọc Chí, Công lí và quyền tiếp cận công lí: Những vấn đề lí luận, thực tiễn, NXB Hồng Đức, (2018) 176. [13] William Penn, Những loài trái cây cô đơn (Some Fruits of Solitude), Headley Brothers Pub., (1905) 86.https://archive.org/stream/somefruitssolit00penngoog#page/n9/mode/1up.[14] Adrian Zuckerman, Khủng hoảng trong tư pháp, từ khủng hoảng tư pháp dân sự: các quan điểm so sánh (Justice in Crisis, from Civil Justice in Crisis: Comparative Perspectives of Civil Procedure), Oxford University Press, 1999.[15] Trần Thái Dương (2018), Công lí và Quyền tiếp cận công lí: Những vấn đề lí luận và thực tiễn, NXB Hồng Đức, ( 2018) 372. [16] Nguyên tắc 6, Tuyên bố về Quyền của người bị thiểu năng trí tuệ của Liên Hợp quốc. [17] Nguyên tắc 7, Tuyên bố về Quyền của người bị thiểu năng trí tuệ của Liên Hợp quốc.[18] Paul R. Friedman (1977), Quyền con người và quyền luật pháp của người bị thiểu năng trí tuệ (Human and Legal rights of mentally retarded persons), International Journal of Mental Health. (1977) 50-72. DOI: 10.1080/00207411.1977.11448756. [19] Tổ công tác của Văn phòng Tổng thống nghiên cứu về thiểu năng trí tuệ (The Task Force on Law of the President’s Panel on Mental Retardation), 1963.[20] Tổ chức Justice được thành lập năm 1957 bởi một nhóm các nhà luật gia hàng đầu để thúc đẩy pháp quyền và quản trị công bằng. Justice trở thành thành viên của Ủy ban luật gia quốc tế (International Commission of Jurists) của Vương Quốc Anh với sự tham gia của tất cả thành viên của các Đảng. [21] Đường dẫn Bản báo cáo:https://2bquk8cdew6192tsu41lay8t-wpengine.netdna-ssl.com/wp-content/uploads/2017/11/JUSTICE-Mental-Health-and-Fair-Trial-Report-2.pdf. [22] Tổng cục Thống kê, Điều tra quốc gia về người khuyết tật, (2016)https://www.gso.gov.vn/default.aspx?tabid=460&idmid=5&ItemID=19054.

The very rarity of these situations makes the legislation all the more important. Samuel Buffone, lawyer for Isabel Letelier On September 21, 1976, former Chilean Ambassador and Minister Orlando Letelier drove to his job in Washington, DC, in his Chevelle, accompanied by his coworkers, Ronni Moffitt and Michael Moffitt. As the Chevelle veered off Massachusetts Avenue into Sheridan Circle, the bottom of the car exploded upward, blowing off Letelier's legs and killing him within minutes. A short time after that, at George Washington Hospital, Ronni Moffitt died from a severed carotid artery. Michael Moffitt, sitting in the back, survived with minor injuries. Most observers of the brutal dictatorship of Augusto Pinochet, which had overthrown Marxist President Salvador Allende in 1973 and jailed and then exiled Letelier, Allende's defense minister, pinned the crime on the Chilean despot, and the Departments of Justice and State came to the same conclusion within a few years. The assassination remains to this day the only instance of state-sponsored terrorism in Washington. In the 1970s and 1980s, it spawned several criminal lawsuits in the United States and Chile, the most important of which was not settled until 1995, and remnants of which continue to this day. In Chile, the case also inspired a wave of legal activism against impunity for human rights violations.

Few studies that disentangle the relationship between race, crime, and punishment have turned to administrative documents as a central site of power. Speaking to this omission, I use a case study of mandatory financial sanctions in the Criminal Division of the Cook County Circuit Court in the State of Illinois. The analysis draws upon a sample of 89 sanctions imposed upon conviction, at the state and county levels, to identify three bureaucratic aspects that sustain racial inequality. One, these sanctions are represented in ways that abstract the conviction process from its highly racialized context. Two, these sanctions enable legal actors to enact a multilevel mode of decision making, combining compulsory and discretionary judgment, that entrenches racial bias within the broader legal organization of punishment. And three, these sanctions redistribute the operational costs of justice through earmarks onto those who are processed through the system (i.e., disproportionately people of color). Altogether, these bureaucratic aspects paradoxically intensify racial stratification in ways that are seemingly nonracial.

The article is devoted to the definition of innovations in scientific approaches and legal regulations on the organizational and legal framework for the functioning of probation in Ukraine, taking into account international experience and national specifics, the formulation of proposals for further development. It is established that with the help of European projects that contribute to the implementation of an effective probation system in Ukraine, our country is on the way to building its own perfect model of probation service as a major step towards global human rights standards. In addressing the issue of priority, turning criminals into law-abiding citizens or protecting society from recidivism, it seems to be a search for a balance (for example, between considering probation as a form of social work with criminals and as a form of alternative punishment). It is determined that the most optimal organization is the system enshrined in the Law of Ukraine �On Probation�, according to which the probation body is directly subordinated to the State Institution �Probation Center�. The probation body is formed by the Ministry of Justice of Ukraine in the administrative-territorial units of Ukraine to ensure the implementation of the tasks of the State Penitentiary Service of Ukraine. The activities of the Probation Center are directed and coordinated by the Deputy Ministry of Justice of Ukraine in accordance with the division of responsibilities. However, there are many inconsistencies and inaccuracies in the law. Therefore, a prerequisite for the effective operation of the probation service in Ukraine and the achievement of its goals is the following: first, amendments to the current law and adjustment or complete change of regulations, directly instructions governing the activities of the penitentiary inspections; secondly, the continuation of the holding. It is concluded that from the organizational and legal point of view, probation bodies should acquire the status of bodies that receive unlimited influence on a person, from the moment of initiating criminal proceedings to deciding the further fate of the convict during his execution and after release. Such an approach extends criminal enforcement activities far beyond criminal enforcement relationships, in fact trying to link their emergence with legal facts that are the basis for the existence of relations of a completely different type and nature. This, it seems, corresponds to the path chosen by Ukraine to build a legal, democratic, social state.

IntroductionAccounts of criminals, their victims, and their pursuers have become entrenched within the sphere of popular culture; most obviously in the genres of true crime and crime fiction. The centrality of the pursuer in the form of the detective, within these stories, dates back to the nineteenth century. This, often highly-stylised and regularly humanised protagonist, is now a firm feature of both factual and fictional accounts of crime narratives that, today, regularly focus on the energies of the detective in solving a variety of cases. So familiar is the figure of the detective, it seems that these men and women—amateurs and professionals—have always had an important role to play in the pursuit and punishment of the wrongdoer. Yet, the first detectives were forced to overcome significant resistance from a suspicious public. Some early efforts to reimagine punishment and to laud the detective include articles written by Charles Dickens; pieces on public hangings and policing that reflect the great Victorian novelist’s commitment to shed light on, through written commentaries, a range of important social issues. This article explores some of Dickens’s lesser-known pieces, that—appearing in daily newspapers and in one of his own publications Household Words—helped to change some common perceptions of punishment and policing. Image 1: Harper's Magazine 7 December 1867 (Charles Dickens Reading, by Charles A. Barry). Image credit: United States Library of Congress Prints and Photographs Division. A Reliance on the Scaffold: Early Law Enforcement in EnglandCrime control in 1720s England was dependent upon an inconsistent, and by extension ineffective, network of constables and night watchmen. It would be almost another three decades before Henry Fielding established the Bow Street Foot Patrol, or Bow Street Runners, in 1749, “six men in blue coats, patrolling the area within six miles of Charing Cross” (Worsley 35). A large-scale, formalised police force was attempted by Pitt the Younger in 1785 with his “Bill for the Further prevention of Crime and for the more Speedy Detection and Punishment of Offenders against the Peace” (Lyman 144). The proposed legislation was withdrawn due to fierce opposition that was underpinned by fears, held by officials, of a divestment of power to a new body of law enforcers (Lyman 144).The type of force offered in 1785 would not be realised until the next century, when the work of Robert Peel saw the passing of the Metropolitan Police Act 1829. The Police Act, which “constituted a revolution in traditional methods of law enforcement” (Lyman 141), was focused on the prevention of crime, “to reassure the lawful and discourage the wrongdoer” (Hitchens 51). Until these changes were implemented violent punishment, through the Waltham Black Act 1723, remained firmly in place (Cruickshanks and Erskine-Hill 359) as part of the state’s arsenal against crime (Pepper 473).The Black Act, legislation often referred to as the ‘Bloody Code’ as it took the number of capital felonies to over 350 (Pepper 473), served in lieu of consistency and cooperation, across the country, in relation to the safekeeping of the citizenry. This situation inevitably led to anxieties about crime and crime control. In 1797 Patrick Colquhoun, a magistrate, published A Treatise on the Police of the Metropolis in which he estimated that, out of a city population of just under 1 million, 115,000 men and women supported themselves “in and near the Metropolis by pursuits either criminal-illegal-or immoral” (Lyman 144). Andrew Pepper highlights tensions between “crime, governance and economics” as well as “rampant petty criminality [… and] widespread political corruption” (474). He also notes a range of critical responses to crime and how, “a particular kind of writing about crime in the 1720s demonstrated, perhaps for the first time, an awareness of, or self-consciousness about, this tension between competing visions of the state and state power” (Pepper 474), a tension that remains visible today in modern works of true crime and crime fiction. In Dickens’s day, crime and its consequences were serious legal, moral, and social issues (as, indeed, they are today). An increase in the crime rate, an aggressive state, the lack of formal policing, the growth of the printing industry, and writers offering diverse opinions—from the sympathetic to the retributive—on crime changed crime writing. The public wanted to know about the criminal who had disturbed society and wanted to engage with opinions on how the criminal should be stopped and punished. The public also wanted to be updated on changes to the judicial system such as the passing of the Judgement of Death Act 1823 which drastically reduced the number of capital crimes (Worsley 122) and how the Gaols Act, also of 1823, “moved tentatively towards national prison reform” (Gattrell 579). Crimes continued to be committed and alongside the wrongdoers were readers that wanted to be diverted from everyday events by, but also had a genuine need to be informed about, crime. A demand for true crime tales demonstrating a broader social need for crimes, even the most minor infractions, to be publicly punished: first on the scaffold and then in print. Some cases were presented as sensationalised true crime tales; others would be fictionalised in short stories and novels. Standing Witness: Dickens at the ScaffoldIt is interesting to note that Dickens witnessed at least four executions in his lifetime (Simpson 126). The first was the hanging of a counterfeiter, more specifically a coiner, which in the 1800s was still a form of high treason. The last person executed for coining in England was in early 1829; as Dickens arrived in London at the end of 1822, aged just 10-years-old (Simpson 126-27) he would have been a boy when he joined the crowds around the scaffold. Many journalists and writers who have documented executions have been “criticised for using this spectacle as a source for generating sensational copy” (Simpson 127). Dickens also wrote about public hangings. His most significant commentaries on the issue being two sets of letters: one set published in The Daily News (1846) and a second set published in The Times (1849) (Brandwood 3). Yet, he was immune from the criticism directed at so many other writers, in large part, due to his reputation as a liberal, “social reformer moved by compassion, but also by an antipathy toward waste, bureaucratic incompetence, and above all toward exploitation and injustice” (Simpson 127). As Anthony Simpson points out, Dickens did not sympathise with the condemned: “He wrote as a realist and not a moralist and his lack of sympathy for the criminal was clear, explicit and stated often” (128). Simpson also notes that Dickens’s letters on execution written in 1846 were “strongly supportive of total abolition” while later letters, written in 1849, presented arguments against public executions rather than the practice of execution. In 1859 Dickens argued against pardoning a poisoner. While in 1864 he supported the execution of the railway carriage murderer Franz Müller, explaining he would be glad to abolish both public executions and capital punishment, “if I knew what to do with the Savages of civilisation. As I do not, I would rid Society of them, when they shed blood, in a very solemn manner” (in Simpson 138-39) that is, executions should proceed but should take place in private.Importantly, Dickens was consistently concerned about society’s fascination with the scaffold. In his second letter to The Daily News, Dickens asks: round what other punishment does the like interest gather? We read of the trials of persons who have rendered themselves liable to transportation for life, and we read of their sentences, and, in some few notorious instances, of their departure from this country, and arrival beyond the sea; but they are never followed into their cells, and tracked from day to day, and night to night; they are never reproduced in their false letters, flippant conversations, theological disquisitions with visitors, lay and clerical […]. They are tried, found guilty, punished; and there an end. (“To the Editors of The Daily News” 6)In this passage, Dickens describes an overt curiosity with those criminals destined for the most awful of punishments. A curiosity that was put on vile display when a mob gathered on the concourse to watch a hanging; a sight which Dickens readily admitted “made [his] blood run cold” (“Letter to the Editor” 4).Dickens’s novels are grand stories, many of which feature criminals and criminal sub-plots. There are, for example, numerous criminals, including the infamous Fagin in Oliver Twist; or, The Parish Boy’s Progress (1838); several rioters are condemned to hang in Barnaby Rudge: A Tale of the Riots of Eighty (1841); there is murder in The Life and Adventures of Martin Chuzzlewit (1844); and murder, too, in Bleak House (1853). Yet, Dickens never wavered in his revulsion for the public display of the execution as revealed in his “refusal to portray the scene at the scaffold [which] was principled and heartfelt. He came, reluctantly to support capital punishment, but he would never use its application for dramatic effect” (Simpson 141).The Police Detective: A Public Relations ExerciseBy the mid-1700s the crime story was one of “sin to crime and then the gallows” (Rawlings online): “Crimes of every defcription (sic) have their origin in the vicious and immoral habits of the people” (Colquhoun 32). As Philip Rawlings notes, “once sin had been embarked upon, capture and punishment followed” (online). The origins of this can be found in the formula relied upon by Samuel Smith in the seventeenth century. Smith was the Ordinary of Newgate, or prison chaplain (1676–1698), who published Accounts of criminals and their gruesome ends. The outputs swelled the ranks of the already burgeoning market of broadsides, handbills and pamphlets. Accounts included: 1) the sermon delivered as the prisoner awaited execution; 2) a brief overview of the crimes for which the prisoner was being punished; and 3) a reporting of the events that surrounded the execution (Gladfelder 52–53), including the prisoner’s behaviour upon the scaffold and any last words spoken. For modern readers, the detective and the investigation is conspicuously absent. These popular Accounts (1676–1772)—over 400 editions offering over 2,500 criminal biographies—were only a few pence a copy. With print runs in the thousands, the Ordinary earnt up to £200 per year for his efforts (Emsley, Hitchcock, and Shoemaker online). For:penitence and profit made comfortable bedfellows, ensuring true crime writing became a firm feature of the business of publishing. That victims and villains suffered was regrettable but no horror was so terrible anyone forgot there was money to be made. (Franks, “Stealing Stories” 7)As the changes brought about by the Industrial Revolution were having their full impact, many were looking for answers, and certainty, in a period of radical social transformation. Sin as a central motif in crime stories was insufficient: the detective was becoming essential (Franks, “True Crime” 239). “In the nineteenth century, the role of the newly-fashioned detective as an agent of consolation or security is both commercially and ideologically central to the subsequent project of popular crime writing” (Bell 8). This was supported by an “increasing professionalism and proficiency of policemen, detectives, and prosecutors, new understandings about psychology, and advances in forensic science and detection techniques” (Murley 10). Elements now included in most crime narratives. Dickens insisted that the detective was a crucial component of the justice system—a figure to be celebrated, one to take centre stage in the crime story—reflecting his staunch support “of the London Metropolitan Police” (Simpson 140). Indeed, while Dickens is known principally for exposing wretched poverty, he was also interested in a range of legal issues as can be evinced from his writings for Household Words. Image 2: Household Words 27 July 1850 (Front Page). Image credit: Dickens Journals Online. W.H. Wills argued for the acceptance of the superiority of the detective when, in 1850, he outlined the “difference between a regular and a detective policeman” (368). The detective must, he wrote: “counteract every sort of rascal whose only means of existence it avowed rascality, but to clear up mysteries, the investigation of which demands the utmost delicacy and tact” (368). The detective is also extraordinarily efficient; cases are solved quickly, in one example a matter is settled in just “ten minutes” (369).Dickens’s pro-police pieces, included a blatantly promotional, two-part work “A Detective Police Party” (1850). The narrative begins with open criticism of the Bow Street Runners contrasting these “men of very indifferent character” to the Detective Force which is “so well chosen and trained, proceeds so systematically and quietly, does its business in such a workman-like manner, and is always so calmly and steadily engaged in the service of the public” (“Police Party, Part I” 409). The “party” is just that: a gathering of detectives and editorial staff. Men in a “magnificent chamber”, seated at “a round table […] with some glasses and cigars arranged upon it; and the editorial sofa elegantly hemmed in between that stately piece of furniture and the wall” (“Police Party, Part I” 409). Two inspectors and five sergeants are present. Each man prepared to share some of their experiences in the service of Londoners:they are, [Dickens tells us] one and all, respectable-looking men; of perfectly good deportment and unusual intelligence; with nothing lounging or slinking in their manners; with an air of keen observation, and quick perception when addressed; and generally presenting in their faces, traces more or less marked of habitually leading lives of strong mental excitement. (“Police Party, Part I” 410) Dickens goes to great lengths to reinforce the superiority of the police detective. These men, “in a glance, immediately takes an inventory of the furniture and an accurate sketch of the editorial presence” and speak “very concisely, and in well-chosen language” and who present as an “amicable brotherhood” (“Police Party, Part I” 410). They are also adaptable and constantly working to refine their craft, through apeculiar ability, always sharpening and being improved by practice, and always adapting itself to every variety of circumstances, and opposing itself to every new device that perverted ingenuity can invent, for which this important social branch of the public service is remarkable! (“Police Party, Part II” 459)These detectives are also, in some ways, familiar. Dickens’s offerings include: a “shrewd, hard-headed Scotchman – in appearance not at all unlike a very acute, thoroughly-trained schoolmaster”; a man “with a ruddy face and a high sun-burnt forehead, [who] has the air of one who has been a Sergeant in the army” (“Police Party, Part I” 409-10); and another man who slips easily into the role of the “greasy, sleepy, shy, good-natured, chuckle-headed, un-suspicious, and confiding young butcher” (“Police Party, Part II” 457). These descriptions are more than just attempts to flesh out a story; words on a page reminding us that the author is not just another journalist but one of the great voices of the Victorian era. These profiles are, it is argued here, a deliberate strategy to reassure readers.In summary, police detectives are only to be feared by those residing on the wrong side of the law. For those without criminal intent; detectives are, in some ways, like us. They are people we already know and trust. The stern but well-meaning, intelligent school teacher; the brave and loyal soldier defending the Empire; and the local merchant, a person we see every day. Dickens provides, too, concrete examples for how everyone can contribute to a safer society by assisting these detectives. This, is perfect public relations. Thus, almost singlehandedly, he builds a professional profile for a new type of police officer. The problem (crime) and its solution (the detective) neatly packaged, with step-by-step instructions for citizens to openly support this new-style of constabulary and so achieve a better, less crime-ridden community. This is a theme pursued in “Three Detective Anecdotes” (1850) where Dickens continued to successfully merge “solid lower-middle-class respectability with an intimate knowledge of the criminal world” (Priestman 177); so, proffering the ideal police detective. A threat to the criminal but not to the hard-working and honest men, women, and children of the city.The Detective: As Fact and as FictionThese writings are also a precursor to one of the greatest fictional detectives of the English-speaking world. Dickens observes that, for these new-style police detectives: “Nothing is so common or deceptive as such appearances at first” (“Police Party, Part I” 410). In 1891, Arthur Conan Doyle would write that: “There is nothing so deceptive as an obvious fact” (78). Dickens had prepared readers for the consulting detective Sherlock Holmes: who was smarter, more observant and who had more determination to take on criminals than the average person. The readers of Dickens were, in many respects, positioned as prototypes of Dr John Watson: a hardworking, loyal Englishman. Smart. But not as smart as those who would seek to do harm. Watson needed Holmes to make the world a better place; the subscriber to Household Words needed the police detective.Another article, “On Duty with Inspector Field” (1851), profiled the “well-known hand” responsible for bringing numerous offenders to justice and sending them, “inexorably, to New South Wales” (Dickens 266). Critically this true crime narrative would be converted into a crime fiction story as Inspector Field is transformed (it is widely believed) into the imagined Inspector Bucket. The 1860s have been identified as “a period of awakening for the detective novel” (Ashley x), a predictor of which is the significant sub-plot of murder in Dickens’s Bleak House. In this novel, a murder is committed with the case taken on, and competently solved by, Bucket who is a man of “skill and integrity” a man presented as an “ideal servant” though one working for a “flawed legal system” (Walton 458). Mr Snagsby, of Bleak House, observes Bucket as a man whoseems in some indefinable manner to lurk and lounge; also, that whenever he is going to turn to the right or left, he pretends to have a fixed purpose in his mind of going straight ahead, and wheels off, sharply at the very last moment [… He] notices things in general, with a face as unchanging as the great mourning ring on his little finger, or the brooch, composed of not much diamond and a good deal of setting, which he wears in his shirt. (278) This passage, it is argued here, places Bucket alongside the men at the detective police party in Household Words. He is simultaneously superhuman in mind and manner, though rather ordinary in dress. Like the real-life detectives of Dickens’s articles; he is a man committed to keeping the city safe while posing no threat to law-abiding citizens. ConclusionThis article has explored, briefly, the contributions of the highly-regarded Victorian author, Charles Dickens, to factual and fictional crime writing. The story of Dickens as a social commentator is one that is familiar to many; what is less well-known is the connection of Dickens to important conversations around capital punishment and the rise of the detective in crime-focused narratives; particularly how he assisted in building the professional profile of the police detective. In this way, through fact and fiction, Dickens performed great (if under-acknowledged) public services around punishment and law enforcement: he contributed to debates on the death penalty and he helped to build trust in the radical social project that established modern-day policing.AcknowledgementsThe author offers her sincere thanks to the New South Wales Dickens Society, Simon Dwyer, and Peter Kirkpatrick. The author is also grateful to the reviewers of this article for their thoughtful comments and valuable suggestions. ReferencesAshley, Mike. “Introduction: Seeking the Evidence.” The Notting Hill Mystery. Author. Charles Warren Adams. London: The British Library, 2012. xxi-iv. Bell, Ian A. “Eighteenth-Century Crime Writing.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003/2006. 7-17.Brandwood, Katherine. “The Dark and Dreadful Interest”: Charles Dickens, Public Death and the Amusements of the People. MA Thesis. Washington, DC: Georgetown University, 2013. 19 Feb. 2017 <https://repository.library.georgetown.edu/bitstream/handle/10822/558266/Brandwood_georgetown_0076M_12287.pdf;sequence=1>.Collins, Philip. Dickens and Crime. London: Macmillan & Co, 1964.Cruickshanks, Eveline, and Howard Erskine-Hill. “The Waltham Black Act and Jacobitism.” Journal of British Studies 24.3 (1985): 358-65.Dickens, Charles. Oliver Twist; or, The Parish Boy’s Progress. London: Richard Bentley,1838.———. Barnaby Rudge: A Tale of the Riots of Eighty. London: Chapman & Hall, 1841. ———. The Life and Adventures of Martin Chuzzlewit. London: Chapman & Hall, 1844.———. “To the Editors of The Daily News.” The Daily News 28 Feb. 1846: 6. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 141–149.)———. “Letter to the Editor.” The Times 14 Nov. 1849: 4. (Reprinted in Antony E. Simpson. Witnesses to the Scaffold. Lambertville: True Bill P, 2008. 149-51.)———. “A Detective Police Party, Part I.” Household Words 1.18 (1850): 409-14.———. “A Detective Police Party, Part II.” Household Words 1.20 (1850): 457-60.———. “Three Detective Anecdotes.” Household Words 1.25 (1850): 577-80.———. “On Duty with Inspector Field.” Household Words 3.64 (1851): 265-70.———. Bleak House. London: Bradbury and Evans, 1853/n.d.Doyle, Arthur Conan. “The Boscombe Valley Mystery.” The Adventures of Sherlock Holmes. London: Penguin, 1892/1981. 74–99.Emsley, Clive, Tim Hitchcock, and Robert Shoemaker. “The Proceedings: Ordinary of Newgate’s Accounts.” Old Bailey Proceedings Online, n.d. 4 Feb. 2017 <https://www.oldbaileyonline.org/static/Ordinarys-accounts.jsp>. Franks, Rachel. “True Crime: The Regular Reinvention of a Genre.” Journal of Asia-Pacific Pop Culture 1.2 (2016): 239-54. ———. “Stealing Stories: Punishment, Profit and the Ordinary of Newgate.” Refereed Proceedings of the 21st Conference of the Australasian Association of Writing Programs: Authorised Theft. Eds. Niloofar Fanaiyan, Rachel Franks, and Jessica Seymour. 2016. 1-11. 20 Mar. 2017 <http://www.aawp.org.au/publications/the-authorised-theft-papers/>.Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford UP, 1996.Gladfelder, Hal. Criminality and Narrative in Eighteenth-Century England. Baltimore: Johns Hopkins UP, 2001.Hitchens, Peter. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003.Lyman, J.L. “The Metropolitan Police Act of 1829.” Journal of Criminal Law, Criminology and Police Science 55.1 (1964): 141-54.Murley, Jean. The Rise of True Crime: 20th Century Murder and American Popular Culture. Westport: Praeger, 2008.Pepper, Andrew. “Early Crime Writing and the State: Jonathan Wilde, Daniel Defoe and Bernard Mandeville in 1720s London.” Textual Practice 25.3 (2011): 473-91. Priestman, Martin. “Post-War British Crime Fiction.” The Cambridge Companion to Crime Fiction. Ed. Martin Priestman. Cambridge: Cambridge UP, 2003. 173-89.Rawlings, Philip. “True Crime.” The British Criminology Conferences: Selected Proceedings, Volume 1: Emerging Themes in Criminology. Eds. Jon Vagg and Tim Newburn. London: British Society of Criminology (1998). 4 Feb. 2017 <http://www.britsoccrim.org/volume1/010.pdf>.Simpson, Antony E. Witnesses to the Scaffold: English Literary Figures as Observers of Public Executions. Lambertville: True Bill P, 2008.Walton, James. “Conrad, Dickens, and the Detective Novel.” Nineteenth-Century Fiction 23.4 (1969): 446-62.Wills, William Henry. “The Modern Science of Thief-Taking.” Household Words 1.16 (1850): 368-72.Worsley, Lucy. A Very British Murder: The Curious Story of How Crime Was Turned into Art. London: BBC Books, 2013/2014.

In this article, we provide an early glimpse into how the issues of public health and safety played out in the rural United States during the coronavirus pandemic, focusing on Washington State. We utilize a combination of news articles and press releases, sheriff’s department Facebook posts, publicly available jail data, courtroom observations, in-depth interviews with those who have been held in rural jails, and interviews with rural law enforcement staff to explore this theme. As elected officials, rural sheriffs are beholden to populations that include many who are suspicious of science, liberal agendas, and anything that might threaten what they see as individual freedom. At the same time, they expect local law enforcement to employ punitive measures to control perceived criminal activity in their communities. These communities are often tightly knit, cohesive, and isolated, with high levels of social support both for community members and local leaders, including sheriffs and law enforcement. This complex social context often puts rural sheriffs and law enforcement officers in difficult positions. Given the multiple cross-pressures that rural justice systems faced in the wake of the COVID-19 pandemic, we explore the circumstances in which they attempted to protect and advocate for the health and safety of both their incarcerated and their nonincarcerated populations. We find that certain characteristics of rural communities both help and hinder local law enforcement in efforts to combat the virus, but these characteristics typically favor informal norms of social control to govern community health. Thus, rural sheriff’s departments repeatedly chose strategies that limited their abilities to protect populations from the disease, in favor of appearing tough on crime and supportive of personal liberty.

Marijuana legalization has gained traction in recent years in the United States with a variety of bipartisan supporters. Primary benefits often cited include savings in enforcement and incarceration costs, additional tax revenue and jobs, release and expungement for those incarcerated, and lowered racial and economic disproportionality in the U.S. criminal justice system. Critics often bring up health costs, increases in impaired driving, harmful effects on adolescent brain development, and greater attendant crime as possible drawbacks.This article examines the potential costs and benefits of federal marijuana legalization under the Senate version of the Marijuana Justice Act of 2017 (S. 1689) introduced in the 115th Congress, assuming 30 additional states legalize recreational marijuana and set up a regulated commercial retail system. Using an analysis that operates under a net present value over 1,000 years and reflects 2017 dollar amounts, the results are overwhelming: these combined efforts could lead to nationwide lifetime net benefits of over $168 billion, with approximately $50 billion in the first year alone, and $17 billion in tax revenue that federal and state governments could receive annually. This article also runs best- and worst-case scenario sensitivity analyses in a postenactmentuniverse—best being one in which all 50 states legalize recreational marijuana and worst being one in which no additional states legalize. Even the worst-case scenario would lead to lifetime net benefits of over $77 billion ($4 billion/year) and, in the best case, over $1.4 trillion ($75 billion/year). For all scenarios, this analysis accounts for the states that have legalized recreational marijuana as of November 5, 2018: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington.

ObjectiveTo describe characteristics of sexual violence emergency department visits in Washington State.IntroductionAlthough sexual violence is a pressing public health and safety issue, it has historically been challenging to monitor population trends with precision. Approximately 31% of incidents of sexual violence are reported to law enforcement and only 5% lead to an arrest1, making the use of law enforcement data challenging. Syndromic surveillance data from emergency departments provides an opportunity to use care-seeking to more accurately surveil sexual violence without introducing additional burdens on either patients or healthcare providers.MethodsUsing the National Syndromic Surveillance Program (NSSP) Electronic Surveillance System for Early Notification of Community-based Epidemics (ESSENCE) platform, staff from the Rapid Health Information Network (RHINO) program at the Washington State Department of Health created a syndrome definition for sexual violence in emergency department data using a combination of ICD-10 diagnostic codes and chief complaint terms likely to be used for sexual violence visits.Staff executed the query using both the Chief Complaint Query Validation and Facility Location (Full Details) data sources in the NSSP ESSENCE platform. Validation occurred by examining visits from 2017 using the Original Chief Complaint, Diagnosis Combo, and Original Triage Notes fields in the data details output to determine if a visit was a true positive for sexual violence. Staff then used the R Studio platform to create n-grams to analyze commonly occurring terms in the data.RHINO staff collaborated with colleagues in the agency's Injury and Violence Prevention Section to better understand the trends observed in the data and the utility of using syndromic surveillance to inform public health practice.ResultsThe query identified 1,550 visits for sexual violence in 2017. Female patients were disproportionately represented (87.16%), with female patients aged 10-29 years making up 47.03% of captured visits. Overall, patients 10-29 years of age represented 52.90% of all identified visits. Older patients, particularly older men were less represented.Among the captured visits, staff analyzed a sample of 347 visits and found that 88.76% were correctly identified as being related to sexual violence. Although triage notes are an optional field for Washington State syndromic reporting and only present in approximately 40% of records, analysis of the triage notes also provided contextual details on the time (36.89%) and place (18.44%) of the incident, and the identity of the assailant (17.29%).Among patients 10-29 years old, several increases in the percentage of emergency department visits for sexual violence were observed in conjunction with secondary and post-secondary school term breaks, as well as at the beginning of Autumn and end of Spring terms at most Washington State universities. The trend was present in both patients 10-19 years and 20-29 years, with a stronger signal in the 10-19 year age group. The pattern was not present in either older or younger patients.ConclusionsThe seasonal trend associated with the academic calendar in patients 10-29 years of age is consistent with other data on teen and campus dating violence2,3 and provides another piece of information to validate and inform the work of social service groups serving adolescents and young adults.Syndromic data is particularly well suited to translating surveillance into actionable public health—having additional data to support the hypotheses of state Rape Prevention and Education programs has the potential to encourage greater participation from universities and other academic institutions to improve consent and sexual violence response programs. Regardless of whether patients are affiliated with a specific institution, the overall safety of the communities where students live is of importance to academic institutions. Similarly, yearly increases in visits during annual mass gatherings may be of use in communicating with event organizers strategies for reducing incidents of violence during that period.Indexing the query for sexual violence within the NSSP ESSENCE platform allows surveillance practitioners to quickly and easily monitor emergency department visits for sexual violence using a standardized methodology. As a national platform, NSSP ESSENCE facilitates collaboration across borders between local, state, Tribal and Urban Indian, and national public health agencies. This improved availability and performance of the query. Additionally, the point-and-click nature of the ESSENCE platform makes using syndromic data more accessible for local health and social service staff who are not trained in epidemiology. The ease of collaboration between partners using the platform also makes it well suited to work which span state, local, and Tribal, and Urban Indian health needs. Data and query sharing increases the likelihood that the data will be actionable and therefore positively influence public health.References1. The Criminal Justice System: Statistics | RAINN. https://www.rainn.org/statistics/criminal-justice-system. Accessed September 13, 2018.2. Big Problem on Campus. RAINN | The nation's largest anti-sexual violence organization. https://www.rainn.org/news/big-problem-campus. Accessed September 13, 2018.3. Campus Sexial Violence: Statistics. RAINN | The nation's largest anti-sexual violence organization. https://www.rainn.org/statistics/campus-sexual-violence. Accessed September 13, 2018.

It is often assumed that judicial reporting is biased in favor of criminal offences and violent crimes and at the expense of administrative, civil or labor court cases (e.g., Delitz, 1989; Eberle 1996; Machill, Beiler & Hellmann, 2007). In order to be able to test this assumption, the variable “legal fields“ is used to categorize the judicial trial or case reported in the media. Field of application/theoretical foundation: The legal field serves - among other variables – as an indicator of the representativeness of judicial reporting. Thus, the results of the content analysis are often compared with extra-media data on the distribution of trials in different fields of law (Strother, 2017). Example study: Oehmer (work in progress) Information on Oehmer (work in progress) Research interest: The study focuses on three sets of questions concerning 1) the selection and representativeness of court reporting, 2) the information function of court reporting and 3) the presentation of court reporting. Object of analysis: court coverage in Swiss newspapers (Tagesanzeiger, NZZ, Neue Luzerner Zeitung, Südostschweiz, Blick, Gratiszeitung, 20Minuten) Time frame of analysis: January 2007 – December 2017 Codebook: available (see attachment) Info about variable: Variable name/definition: legal fields [Rechtsgebiete der berichteten Justizfälle] Level of analysis: most covered court case in article General coding instruction: The legal system is mostly characterized by a division of the legal fields into private law (or civil law) and public law. The following basic rule applies for the assignment to the legal areas: if only private individuals are involved, then it is private law (Code 10 ff.), if a public organization or a state is involved, then it usually refers to public law (Code 20 ff.). Unless otherwise stated, the following definitions are based on corresponding entries from the Gabler Wirtschaftslexikon. Springer, available at: https://wirtschaftslexikon.gabler.de/ (16.09.20) Variable name Values & coding instructions Rechtsgebiet des Prozesses 10 Privatrecht: Privatrecht umfasst alle Rechtssätze, die die rechtlichen Beziehungen der einzelnen zueinander nach dem Grundsatz der Gleichordnung regeln. Der Staat oder ein anderer hoheitlicher Träger sind hier nicht beteiligt. Codierhinweis: Dieser Code wird gewählt, wenn keine Spezialform (Code 11f) vorliegt. Dazu zählen folgende Rechtsgebiete: - Familienrecht - Erbrecht - Sachenrecht 11 Handelsrecht: Teilgebiet des Privatrechts. Handelsrecht ist das Sonderrecht des Kaufmanns. Die Vorschriften des Handelsrechts betreffen im Wesentlichen die Rechtsbeziehungen des Kaufmanns zu seinen Geschäftspartnern, die wettbewerbsrechtlichen und gesellschaftsrechtlichen Beziehungen zu anderen Unternehmern. Dazu zählen folgende Rechtsgebiete: - Kapitalmarktrecht, - Wettbewerbsrecht, - Versicherungsrecht - Patentrecht - Urheberrecht - Markenrecht 12 Arbeitsrecht: zählt überwiegend zum Privatrecht. Gesamtheit aller Rechtsregeln, die sich mit der unselbstständigen, abhängigen Arbeit befassen, d.h. der Arbeit, die von Personen geleistet wird, die in einem Betrieb eingegliedert fremdbestimmte Arbeit leisten und dabei an Weisungen hinsichtlich Art, Ausführung, Ort und Zeit der Arbeit gebunden sind. 13 Mietrecht 20 Öffentliches Recht: regelt, im Gegensatz zum Privatrecht, die Beziehungen des Einzelnen zum Staat und den Körperschaften des öffentlichen Rechts sowie der Träger öffentlicher Gewalt zueinander. Im öffentlichen Recht ist der Einzelne (anders als im Privatrecht) dem Staat untergeordnet. Der Staat oder ein Träger hoheitlicher Gewalt tritt mit Hoheitsgewalt auf (Forstmoser/Vogt 2012, S.118) Codierhinweis: Dieser Code wird gewählt, wenn keine Spezialform (Code 21f) vorliegt. 21 Verwaltungsrecht: Mit Verwaltungstätigkeit ist die Tätigkeit der öffentlichen Verwaltung gemeint. Die „öffentliche Verwaltung“ wird von den Einrichtungen der unmittelbaren und mittelbaren Staatsverwaltung (Bund, Ländern, Gemeinden, Gemeindeverbänden und sonstigen Körperschaften, Anstalten und Stiftungen des öffentlichen Rechts) gebildet (institutioneller Begriff). Quelle: Bader, Ronellenfitsch, 2016, § 1 Rn. 8-10.1). Dazu zählen u.a. folgende Rechstgebiete: - Verwaltungsgerichtsbarkeit - Bauplanung, Naturschutz - Ausländer, Staatsbürgerrecht - Beamten/Soldatenrecht - Schul/Hochschulrecht - Verkehrs/Wegerecht - Leistungs/Sozialrecht - Rundfunkrecht - Gewerbe/Lebensmittel - Waffenrecht - Kommunalrecht - Veranstaltungs-/Demonstrationsrecht - Wohnungsrecht 22 Verfassungsrecht: Rechtliche Grundordnung eines Staates, Gesamtheit der geschriebenen und ungeschriebenen Rechtssätze über die Bildung, den Aufgabenkreis und die Organisation der obersten Staatsorgane, das Verhältnis der einzelnen Staatsorgane zueinander, die staatlichen Aufgaben, den staatsrechtlichen Aufbau des Staates und die Rechte des Bürgers gegen den Staat (Grundrechte) (Quelle: http://wirtschaftslexikon.gabler.de/Archiv/4350/oeffentliches-recht-v5.html) 23 Steuerrecht: Gesamtheit der Rechtsnormen unserer Rechtsordnung, die sich - im weitesten Sinn - auf Steuern beziehen. Diese schaffen und regeln die Rechtsbeziehungen (Rechte und Pflichten) zwischen den Trägern der Steuerhoheit und den ihnen unterworfenen natürlichen und juristischen Personen. 24 Sozialrecht: Teilgebiet des öffentlichen Verwaltungsrechts. Das Sozialrecht soll zur Verwirklichung sozialer Gerechtigkeit und sozialer Sicherheit dienen. Dazu zählen folgende Rechtsgebiete: - Sozialgerichtsbarkeit - Unfallversicherung - Rentenversicherung - Krankenversicherung - Kriegsopferversorgung - Arbeitslosenversicherung - Kassenarztrecht 25 Internationales Recht 26 Strafrecht (hier auch Jugendstrafrecht): Inbegriff der Rechtsnormen, in denen die Voraussetzungen für die Straftat und ihre Rechtsfolgen festgelegt sind; umfasst i.w.S. auch das Strafverfahrensrecht, das der Durchsetzung des staatlichen Strafanspruchs dient. Strafrecht ist Teil des öffentlichen Rechts, was nach allen gängigen Differenzierungstheorien (Subordinationstheorie, Interessentheorie, neuere Subjektstheorie) deutlich nachweisbar ist. Codierhinweis: a) Beim Strafrecht sind aufgrund seiner zu erwartenden Sonderstellung in der Berichterstattung möglichst detaillierte Codes zu vergeben. b) Werden im Rahmen einer Verhandlung mehrere Delikte verhandelt, so wird das Delikt codiert, dem in der Berichterstattung der meiste Raum beigemessen wird. Werden sämtliche Delikte im gleichen Ausmass behandelt, so wird das Erstgenannte codiert. 27 Tötung 28 Körperverletzung 29 Raub 30 Sexualdelikte 31 Eigentumsdelikte 32 Gemeingefährliche Delikte 33 Rauschgiftdelikte 34 Delikte gegen die öffentliche Ordnung 35 Beleidigung 36 Amtsdelikte 37 Ordnungswidrigkeit 99) Sonstiges Intercoder reliability: Holsti .81; Krippendorff’s Alpha: .68 (2 Coder) References Delitz, J. (1989). Tagespresse und Justiz. Gerichtsberichterstattung als Vermittlung institutioneller Wirklichkeit. Hamburg. [Daily press and justice. Court reporting as a mediator of institutional reality.] Eberle, R. G. (1996). Verwaltungsgerichte in der Medienberichterstattung am Beispiel von Tageszeitungen in Hessen. Zeitschrift für Rechtssoziologie, 17(2), S. 300-309. [Administrative courts in media coverage using the example of daily newspapers in the federal state of Hesse.] Bader, J. & Ronellenfitsch, M. (2016). Verwaltungsverfahrensgesetz: VwVfG. Beck. [Administrative Procedure Act] Forstmoser. P.& Vogt, H-U. (2012). Einführung in das Recht. 5. Vollständig überarbeitete Auflage. Stämpfli. [Introduction to law.] Machill, M., Beiler, M. & Hellmann, I. (2007). The selection process in local court reporting. Journalism Practice, 1(1), S. 62-81. Oehmer, Franziska. Die dritte Gewalt in den Medien. Eine repräsentative quantitative Inhaltsanalyse der Gerichtsberichterstattung Schweizer Medien (work in progress). [Justice in the media. A representative quantitative content analysis of court reporting in the Swiss media]. Strother, L. (2017). How expected political and legal impact drive media coverage of Supreme Court cases, Political Communication, 34(4), S. 571-589.

From the mid-twentieth century, state and public conceptions of deviance and crime control have turned increasingly punitive (Hallett 115; Hutchinson 138). In a Western context, criminal justice has long been retributive, prioritising punishment over rehabilitation (Wenzel et al. 26). Within that context, there has been an increase in punitiveness—understood here as a measure of a punishment’s severity—the intention of which has been to help restore the moral imbalance created by offending while also deterring future crime (Wenzel et al. 26). Entangled with the global spread of neoliberal capitalism, punitiveness has become internationally pervasive to a near-hegemonic degree (Sparks qtd. in Jennings et al. 463; Unnever and Cullen 100).The punitive turn has troubling characteristics. Punitive policies can be expensive, and increased incarceration stresses the criminal justice system and leads to prison overcrowding (Hutchinson 135). Further, punitiveness is not only applied unequally across categories such as class, race, and age (Unnever and Cullen 105-06; Wacquant 212) but the effectiveness of punitive policy relative to its costs is contested (Bouffard et al. 466, 477; Hutchinson 139). Despite this, evidence suggests public demand is driving punitive policymaking, but that demand is only weakly related to crime rates (Jennings et al. 463).While discussion of punitiveness in the public sphere often focuses on measures such as boot camps for young offenders, increased incarceration, and longer prison sentences, punitiveness also has a darker side. Our research analysing discussion taking place on a large, regional, crime-focused online forum reveals a startling degree and intensity of violence directed at offenders and related groups. Members of the discussion forum do propose unsurprising measures such as incarceration and boot camps, but also an array of violent alternatives, including beating, shooting, dismemberment, and conversion into animal food. This article draws on our research to explore why discussion of punitiveness can be so intensely violent.Our research applies thematic analysis to seven discussion threads posted to a large regional online forum focused on crime, made between September and November 2017. One discussion thread per week of the study period was purposively sampled based on relevance to the topic of punitiveness, ultimately yielding 1200 individual comments. Those comments were coded, and the data and codes were reiteratively analysed to produce categories, then basic, organising, and global themes. We intended to uncover themes in group discussion most salient to punitiveness to gain insight into how punitive social interactions unfold and how those who demand punitiveness understand their interactions and experiences of crime. We argue that, in this online forum, the global theme—the most salient concept related to punitiveness—is a “subaltern citizenship”. Here, a clear division emerges from the data, where the group members perceive themselves as “us”—legitimate citizens with all attendant rights—in opposition to an external “them”, a besieging group of diverse, marginalised Others who have illegitimately usurped certain rights and who victimise citizens. Group members often deride the state as too weak and untrustworthy to stop this victimisation. Ironically, the external Others perceived by the group to hold power are themselves genuinely marginalised, though the group does not recognise or see that form of marginalisation as legitimate. In this essay, to preserve the anonymity of the forum and its members, we refer to them only as “the Forum”, located in “the City”, and refrain from direct quotes except for commonly used words or phrases that do not identify individuals.It is also important to note that the research described here deliberately focused on a specific group in a specific space who were concerned about specific groups of offenders. Findings and discussion, and the views on punitiveness described, cannot be generalised to the broader community. Nor do we suggest these views can be considered representative of all Forum members as we present here only a limited analysis of some violent discourse emerging from our research. Likewise, while our discussion often centres on youth and other marginalised groups in the context of offending, we do not intend to imply that offending is a characteristic of these groups.Legitimate CitizenshipCommonly, citizenship is seen as a conferred status denoting full and equal community membership and the rights and responsibilities dictated by community values and norms (Lister 28-29). Western citizenship norms are informed by neoliberal capitalist values: individual responsibility, an obligation to be in paid employment, participation in economic consumption, the sanctity of ownership, and that the principal role of government is to defend the conditions under which these norms can freely thrive (Walsh 861-62). While norms are shaped by laws and policy frameworks, they are not imposed coercively or always deployed consciously. These norms exist as shared behavioural expectations reproduced through social interaction and embodied as “common sense” (Kotzian 59). As much as Western democracies tend to a universalist representation of one, undifferentiated citizenship, it is clear that gender, race, sexual orientation, religion, ethnicity, and migrant status all exist in different relationships to citizenship as an identity category. Glass ceilings, stolen generations, same-sex marriage debates, and Australian Government proposals to strip citizenship from certain types of criminal offender all demonstrate that the lived experience of norms surrounding citizenship is profoundly unequal for some (Staeheli et al. 629-30). An individual’s citizenship status, therefore, more accurately exists on a spectrum between legitimacy—full community membership, possessing all rights and living up to all associated responsibilities—and illegitimacy—diminished membership, with contested rights and questionable fulfilment of associated responsibilities—depending on the extent of their deviation from societal norms.Discussing punitiveness, Forum members position themselves as “us”, that is, legitimate citizens. Words such as “we” and “us” are used as synonyms for society and for those whose behaviours are “normal” or “acceptable”. Groups associated with offending are described as “they”, “them”, and their behaviours are “not normal”, “disgusting”, “feral”, and merit the removal of “them” from civilisation, usually to “the middle of nowhere” or “the Outback”. Possession of legitimate citizenship is implicit in assuming authority over what is normal and who should be exiled for failing the standard.Another implicit assumption discernible in the data is that Forum members perceive the “normal we” as good neoliberal citizens. “We” work hard, own homes and cars, and take individual responsibility. There is a strong imputation of welfare dependency among offenders, the poor, and other suspect groups. Offending is presented as something curable by stripping offenders or their parents of welfare payments. Members earn their status as legitimate citizens by adhering to the norms of neoliberal citizenship in opposition to potential offenders to whom the benefits of citizenship are simply doled out.Forum members also frame their citizenship as legitimate by asserting ownership over community spaces and resources. This can be seen in their talking as if they, their sympathetic audience, and “the City” are the same (for example, declaring that “the City” demands harsher punishments for juvenile offenders). There are also calls to “take back” the streets, the City, and Australia from groups associated with offending. That a space can and should be “taken back” implies a pre-existing state of control interrupted by those who have no right to ownership. At its most extreme, the assertion of ownership extends to a conviction that members have the right to position offenders as enemies of the state and request that the army, the ultimate tool of legitimate state violence, be turned against them if governments and the criminal justice system are too “weak” or “soft” to constrain them.The Illegitimate OtherThroughout the data, perceived offenders are spoken of with scorn and hatred. “Perceived offenders” may include offenders and their family, youths, Indigenous people, and people of low socioeconomic status, and these marginalised groups are referenced so interchangeably it can be difficult to determine which is being discussed.Commenting on four “atsi [sic] kids” who assaulted an elderly man, group members asserted “they” should be shot like dogs. The original text gives no antecedents to indicate whether “they” is meant to indicate youths, Indigenous youths, or offenders in general. However, Australia has a colonial history of conflating crime and indigeneity and shooting Indigenous people to preserve white social order (Hill and Dawes 310, 312), a consequence of the tendency of white people to imagine criminals as black (Unnever and Cullen 106). It must be noted that the racial identity of individual Forum members is unknown. This does constitute a limitation in the original study, as identity categories such as race and class intersect and manifest in social interactions in complex ways. However, that does not prevent analysis of the text itself.In the Forum’s discursive space, “they” is used to denote offenders, Indigenous youths, youths, or the poor interchangeably, as if they were all a homogeneous, mutually synonymous “Other”. Collectively, these groups are represented as so generally hopeless that they are imagined as choosing to offend so they will be sentenced to the comforts of “holiday camp” prisons where they can access luxuries otherwise beyond their reach: freedom from addicted parents, medical care, food, television, and computers. A common argument, that crime is an individual choice, is often based on the idea that prison is a better option for the poor than going home. As a result, offending by marginalised offenders is reconstructed as a rational choice or a failure of individual responsibility rather than a consequence of structural inequality.Further, parents of those in suspect populations are blamed for intergenerational maintenance of criminality. They are described as too drunk or drugged to care, too unskilled in parenting due to their presumed dreadful upbringing, or too busy enjoying their welfare payments to meet their responsibility to control their children or teach them the values and skills of citizenship. Comments imply parents probably participated in their children’s crimes even when no evidence suggests that possibility and that some groups simply cannot be trusted to raise disciplined children owing to their inherent moral and economic dissipation. That is, not just offenders but entire groups are deemed illegitimate, willing to enjoy benefits of citizenship such as welfare payments but unwilling or unable to earn them by engaging with the associated responsibilities. This is a frequent argument for why they deserve severely punitive punishment for deviance.However, the construction of the Other as illegitimate in Forum discussions reaches far beyond imagining them as lacking normative skills and values. The violence present on the Forum is startling in its intensity. Prevalent within the data is the reduction of people to insulting nicknames. Terms used to describe people range from the sarcastic— “little darlings”—through standard abusive language such as “bastards”, “shits”, “dickheads”, “lowlifes”, to dehumanising epithets such as “maggots”, “scum”, and “subhuman arsewipes”. Individually and collectively, “they” are relentlessly framed as less than human and even less than animals. They are “mongrels” and “vermin”. In groups, they are “packs”, and they deserve to be “hunted” or just shot from helicopters. They are unworthy of life. “Oxygen thieves” is a repeated epithet, as is the idea that they should be dropped out at sea to drown. Other suggestions for punishment include firing squads, lethal injections, and feeding them to animals.It is difficult to imagine a more definitive denial of legitimacy than discursively stripping individuals and groups of their humanity (their most fundamental status) and their right to existence (their most fundamental right as living beings). The Forum comes perilously close to casting the Other as Agamben’s homo sacer, humans who live in a “state of exception”, subject to the state’s power but excluded from the law’s protection and able to be killed without consequence (Lechte and Newman 524). While it would be hyperbole to push this comparison too far—given Agamben had concentration camps in mind—the state of exception as a means of both excluding a group from society and exercising control over its life does resonate here.Themes Underlying PunitivenessOur findings indicate the theme most salient to punitive discussion is citizenship, rooted in persistent concerns over who is perceived to have it, who is not, and what should be done about those Others whose deviance renders their citizenship less legitimate. Citizenship norms—real or aspirational—of society’s dominant groups constitute the standards by which Forum members judge their experiences of and with crime, perceived offenders, the criminal justice system, and the state. However, Forum members do not claim a straightforward belonging to and sharing in the maintenance of the polity. Analysis of the data suggests Forum members consider their legitimate citizenship tainted by external forces such as politics, untrustworthy authorities and institutions, and the unconstrained excess of the illegitimate Other. That is, they perceive their citizenship to be simultaneously legitimate and undeservedly subaltern.According to Gramsci, subaltern populations are subordinate to dominant groups in political and civil society, lulled by hegemonic norms to cooperate in their own oppression (Green 2). Civil society supports the authority of political society and, in return, political society uses the law and criminal justice system to safeguard civil society’s interests against unruly subalterns (Green 7). Rights and responsibilities of citizenship reside within the mutual relationship between political and civil society. Subalternity, by definition, exists outside this relationship, or with limited access to it.Forum members position themselves as citizens within civil society. They lay emphatic claim to fulfilling their responsibilities as neoliberal citizens. However, they perceive themselves to be denied the commensurate rights: they cannot rely on the criminal justice system to protect them from the illegitimate Other. The courts are “soft”, and prisons are “camps” with “revolving doors”. Authorities pamper offenders while doing nothing to stop them from hurting their victims. Human rights are viewed as an imposition by the UN or as policy flowing from a political sphere lacking integrity and dominated by “do gooders”. Rights are reserved only for offenders. Legitimate citizens no longer even have the right to defend themselves. The perceived result is a transfer of rights from legitimate to illegitimate, from deserving to undeserving. This process elides from view the actual subalterns of Australian society—here, most particularly Indigenous people and the socioeconomically vulnerable—and reconstructs them as oppressors of the dominant group, who are reframed as legitimate citizens unjustly made subaltern.The Violence in PunitivenessOn the Forum, as in the broader world, a sense of “white victimisation”—the view, unsupported by history or evidence, that whites are an oppressed people within a structure systematically doling out advantage to minorities (King 89)—is a recurrent legitimising argument for punitiveness and vigilantism. Amid the shrinking social safety nets and employment precarity of neoliberal capitalism, competitiveness increases, and white identity forms around perceived threats to power and status incurred by “losing out” to minorities (Sacks and Lindholm 131). One 2011 study finds a majority of white US citizens believe themselves subject to more racism than black people (King 89). However, these assumptions of whiteness tend to be spared critical examination because, in white-dominated societies, whiteness is the common-sense norm in opposition to which other racial categories are defined (Petray and Collin 2). When whiteness is made the focus of critical questioning, white identities gain salience and imaginings of the “dark other” and besieged white virtues intensify (Bonilla-Silva et al. 232).With respect to feelings of punitiveness, Unnever and Cullen (118-19) find that the social cause for punitiveness in the United States is hostility towards other races, that harsh punishments, including the death penalty, are demanded and accepted by the dominant group because they are perceived to mostly injure “people they do not like” (Unnever and Cullen 119). Moreover, perception that a racial group is inherently criminal amplifies more generalised prejudices against them and diminishes the capacity of the dominant group to feel empathy for suffering inflicted upon them by the criminal justice system (Unnever and Cullen 120).While our analysis of the Forum supports these findings where they touch on crimes committed by Indigenous people, they invite a question. Why, where race is not a factor, do youths and the socioeconomically disadvantaged also inspire intensely violent punitiveness as described above? We argue that the answer relates to status. From this perspective, race becomes one of several categories of differentiation from legitimate citizenship through an ascription of low status.Wenzel, Okimoto, and Cameron (29) contend punitiveness, with respect to specific offences, varies according to the symbolic meaning the offence holds for the observer. Crimes understood as a transgression against status or power inspire a need for “revenge, punishment, and stigmatisation” (Wenzel et al. 41) and justify an increase in the punitiveness required (Wenzel et al. 29, 34). This is particularly true where an offence is deemed to make someone unfit for community membership, such that severe punishment serves as a symbolic marker of exile and a reaffirmation for the community of the violated values and norms (Wenzel et al. 41). Indeed, as noted, Forum posts regularly call for offenders to be removed from society, exiled to the outback, or shipped beyond Australia’s territorial waters.Further, Forum members’ perception of subaltern citizenship, with its assumption of legitimate citizenship as being threatened by undeserving Others, makes them view crime as implicitly a matter of status transgression. This is intensified by perception that the political sphere and criminal justice system are failing legitimate citizens, refusing even to let them defend themselves. Virulent name-calling and comparisons to animals can be understood as attempts by the group to symbolically curtail the undeservedly higher status granted to offenders by weak governments and courts. More violent demands for punishment symbolically remove offenders from citizenship, reaffirm citizen values, and vent anger at a political and criminal justice system deemed complicit, through weakness, in reducing legitimate citizens to subaltern citizens.ConclusionsIn this essay, we highlight the extreme violence we found in our analysis of an extensive online crime forum in a regional Australian city. We explore some explanations for violent public punitiveness, highlighting how members identify themselves as subaltern citizens in a battle against undeserving Others, with no support from a weak state. This analysis centres community norms and a problematic conception of citizenship as drivers of both public punitiveness and dissatisfaction with crime control policy and the criminal justice system. We highlight a real dissonance between community needs and public policy that may undermine effective policymaking. That is, evidence-based crime control policies, successful crime prevention initiatives, and falling crime rates may not increase public satisfaction with how crime is dealt with if policymakers pursue those measures without regard for how citizens experience the process.While studies such as that by Wenzel, Okimoto, and Cameron identify differences in status between legitimate citizens and offenders as amplifiers of punitiveness, we suggest the amplification may be mediated by the status relationship between legitimate citizens and authority figures within legitimate society. The offender and their crime may not contribute as much to the public’s outrage as commonly assumed. Instead, public punitiveness may predominantly arise from the perception that the political sphere, media, and criminal justice system respond to citizens’ experience of crime in ways that devalue the status of legitimate citizens. At least in the context of this regional city, this points to something other than successful crime control being integral to building more effective and satisfactory crime control policy: in this case, the need to rebuild trust between citizens and authority groups.ReferencesBonilla-Silva, Eduardo, Carla Goar, and David G. Embrick. “When Whites Flock Together: The Social Psychology of White Habitus.” Critical Sociology 32.2-3 (2006): 229–253.Bouffard, Jeff, Maisha Cooper, and Kathleen Bergseth. “The Effectiveness of Various Restorative Justice Interventions on Recidivism Outcomes among Juvenile Offenders.” Youth Violence and Juvenile Justice 15.4 (2017): 465–480.Green, Marcus. “Gramsci Cannot Speak: Presentations and Interpretations of Gramsci’s Concept of the Subaltern.” Rethinking Marxism 14.3 (2002): 1–24.Hallett, Michael. “Imagining the Global Corporate Gulag: Lessons from History and Criminological Theory.” Contemporary Justice Review 12.2 (2009): 113–127.Hill, Richard, and Glenn Dawes. “The ‘Thin White Line’: Juvenile Crime, Racialised Narrative and Vigilantism—A North Queensland Study.” Current Issues in Criminal Justice 11.3 (2000): 308–326.Hutchinson, Terry. “‘A Slap on the Wrist’? The Conservative Agenda in Queensland, Australia.” Youth Justice 15.2 (2015): 134–147.Jennings, Will, Stephen Farrall, Emily Gray, and Colin Hay. “Penal Populism and the Public Thermostat: Crime, Public Punitiveness, and Public Policy.” Governance: An International Journal of Policy, Administration, and Institutions 30.3 (2017): 463–481.King, Mike. “The ‘Knockout Game’: Moral Panic and the Politics of White Victimhood.” Race & Class 56.4 (2015): 85–94.Kotzian, Peter. “Good Governance and Norms of Citizenship: An Investigation into the System- and Individual-Level Determinants of Attachment to Civic Norms.” American Journal of Economics and Sociology 73.1 (2014): 58–83.Lechte, John, and Saul Newman. “Agamben, Arendt and Human Rights: Bearing Witness to the Human.” European Journal of Social Theory 15.4 (2012): 522–536.Lister, Ruth. “Citizenship: Towards a Feminist Synthesis.” Feminist Review 57 (1997): 28–48.Petray, Theresa L., and Rowan Collin. “Your Privilege is Trending: Confronting Whiteness on Social Media.” Social Media + Society 3.2 (2017): 1–10.Sacks, Michael A., and Marika Lindholm. “A Room without a View: Social Distance and the Structuring of Privileged Identity.” Working through Whiteness: International Perspectives. Ed. Cynthia Levine-Rasky. Albany, NY: State U of New York P, 2002. 129-151.Staeheli, Lynn A., Patricia Ehrkamp, Helga Leitner, and Caroline R. Nagel. “Dreaming the Ordinary: Daily Life and the Complex Geographies of Citizenship.” Progress in Human Geography 36.5 (2012): 628–644.Unnever, James D., and Francis T. Cullen. “The Social Sources of Americans’ Punitiveness: A Test of Three Competing Models.” Criminology 48.1 (2010): 99–129.Wacquant, Loïc. “Crafting the Neoliberal State: Workfare, Prisonfare, and Social Insecurity.” Sociological Forum 25.2 (2010): 197–220.Walsh, James P. “Quantifying Citizens: Neoliberal Restructuring and Immigrant Selection in Canada and Australia.” Citizenship Studies 15.6-7 (2011): 861–879.Wenzel, Michael, Tyler Okimoto, and Kate Cameron. “Do Retributive and Restorative Justice Processes Address Different Symbolic Concerns?” Critical Criminology 20.1 (2012): 25–44.

Image 1: “Oklahoma State Highway Re-imagined.” CC BY-SA 4.0 2015 by author, using Wikimedia image by Ks0stm (CC BY-SA 3 2013). Introduction This article is divided in three major parts. First a scenario, second its context, and third, an analysis. The text draws on ethnographic research on security practices in the United States among police and parts of the intelligence community from 2006 through to the beginning of 2014. Real names are used when the material is drawn from archival sources, while individuals who were interviewed during fieldwork are referred to by their position rank or title. For matters of fact not otherwise referenced, see the sources compiled on “The Complete 911 Timeline” at History Commons. First, a scenario. Oklahoma, 2001 It is 1 April 2001, in far western Oklahoma, warm beneath the late afternoon sun. Highway Patrol Trooper C.L. Parkins is about 80 kilometres from the border of Texas, watching trucks and cars speed along Interstate 40. The speed limit is around 110 kilometres per hour, and just then, his radar clocks a blue Toyota Corolla going 135 kph. The driver is not wearing a seatbelt. Trooper Parkins swung in behind the vehicle, and after a while signalled that the car should pull over. The driver was dark-haired and short; in Parkins’s memory, he spoke English without any problem. He asked the man to come sit in the patrol car while he did a series of routine checks—to see if the vehicle was stolen, if there were warrants out for his arrest, if his license was valid. Parkins said, “I visited with him a little bit but I just barely remember even having him in my car. You stop so many people that if […] you don't arrest them or anything […] you don't remember too much after a couple months” (Clay and Ellis). Nawaf Al Hazmi had a valid California driver’s license, with an address in San Diego, and the car’s registration had been legally transferred to him by his former roommate. Parkins’s inquiries to the National Crime Information Center returned no warnings, nor did anything seem odd in their interaction. So the officer wrote Al Hazmi two tickets totalling $138, one for speeding and one for failure to use a seat belt, and told him to be on his way. Al Hazmi, for his part, was crossing the country to a new apartment in a Virginia suburb of Washington, DC, and upon arrival he mailed the payment for his tickets to the county court clerk in Oklahoma. Over the next five months, he lived several places on the East Coast: going to the gym, making routine purchases, and taking a few trips that included Las Vegas and Florida. He had a couple more encounters with local law enforcement and these too were unremarkable. On 1 May 2001 he was mugged, and promptly notified the police, who documented the incident with his name and local address (Federal Bureau of Investigation, 139). At the end of June, having moved to New Jersey, he was involved in a minor traffic accident on the George Washington Bridge, and officers again recorded his real name and details of the incident. In July, Khalid Al Mihdhar, the previous owner of the car, returned from abroad, and joined Al Hazmi in New Jersey. The two were boyhood friends, and they went together to a library several times to look up travel information, and then, with Al Hazmi’s younger brother Selem, to book their final flight. On 11 September, the three boarded American Airlines flight 77 as part of the Al Qaeda team that flew the mid-sized jet into the west façade of the Pentagon. They died along with the piloting hijacker, all the passengers, and 125 people on the ground. Theirs was one of four airplanes hijacked that day, one of which was crashed by passengers, the others into significant sites of American power, by men who had been living for varying lengths of time all but unnoticed in the United States. No one thought that Trooper Parkins, or the other officers with whom the 9/11 hijackers crossed paths, should have acted differently. The Commissioner of the Oklahoma Department of Public Safety himself commented that the trooper “did the right thing” at that April traffic stop. And yet, interviewed by a local newspaper in January of 2002, Parkins mused to the reporter “it's difficult sometimes to think back and go: 'What if you had known something else?'" (Clay and Ellis). Missed Opportunities Image 2: “Hijackers Timeline (Redacted).” CC BY-SA 4.0 2015 by author, using the Federal Bureau of Investigation (FBI)’s “Working Draft Chronology of Events for Hijackers and Associates”. In fact, several of the men who would become the 9/11 hijackers were stopped for minor traffic violations. Mohamed Atta, usually pointed to as the ringleader, was given a citation in Florida that spring of 2001 for driving without a license. When he missed his court date, a bench warrant was issued (Wall Street Journal). Perhaps the warrant was not flagged properly, however, since nothing happened when he was pulled over again, for speeding. In the government inquiries that followed attack, and in the press, these brushes with the law were “missed opportunities” to thwart the 9/11 plot (Kean and Hamilton, Report 353). Among a certain set of career law enforcement personnel, particularly those active in management and police associations, these missed opportunities were fraught with a sense of personal failure. Yet, in short order, they were to become a source of professional revelation. The scenarios—Trooper Parkins and Al Hazmi, other encounters in other states, the general fact that there had been chance meetings between police officers and the hijackers—were re-imagined in the aftermath of 9/11. Those moments were returned to and reversed, so that multiple potentialities could be seen, beyond or in addition to what had taken place. The deputy director of an intelligence fusion centre told me in an interview, “it is always a local cop who saw something” and he replayed how the incidents of contact had unfolded with the men. These scenarios offered a way to recapture the past. In the uncertainty of every encounter, whether a traffic stop or questioning someone taking photos of a landmark (and potential terrorist target), was also potential. Through a process of re-imagining, police encounters with the public became part of the government’s “national intelligence” strategy. Previously a division had been marked between foreign and domestic intelligence. While the phrase “national intelligence” had long been used, notably in National Intelligence Estimates, after 9/11 it became more significant. The overall director of the US intelligence community became the Director National Intelligence, for instance, and the cohesive term marked the way that increasingly diverse institutional components, types of data and forms of action were evolving to address the collection of data and intelligence production (McConnell). In a series of working groups mobilised by members of major police professional organisations, and funded by the US Department of Justice, career officers and representatives from federal agencies produced detailed recommendations and plans for involving police in the new Information Sharing Environment. Among the plans drawn up during this period was what would eventually come to be the Nationwide Suspicious Activity Reporting Initiative, built principally around the idea of encounters such as the one between Parkins and Al Hazmi. Map 1: Map of pilot sites in the Nationwide Suspicious Activity Reporting Evaluation Environment in 2010 (courtesy of the author; no longer available online). Map 2: Map of participating sites in the Nationwide Suspicious Activity Reporting Initiative, as of 2014. In an interview, a fusion centre director who participated in this planning as well as its implementation, told me that his thought had been, “if we train state and local cops to understand pre-terrorism indicators, if we train them to be more curious, and to question more what they see,” this could feed into “a system where they could actually get that information to somebody where it matters.” In devising the reporting initiative, the working groups counter-actualised the scenarios of those encounters, and the kinds of larger plots to which they were understood to belong, in order to extract a set of concepts: categories of suspicious “activities” or “patterns of behaviour” corresponding to the phases of a terrorism event in the process of becoming (Deleuze, Negotiations). This conceptualisation of terrorism was standardised, so that it could be taught, and applied, in discerning and documenting the incidents comprising an event’s phases. In police officer training, the various suspicious behaviours were called “terrorism precursor activities” and were divided between criminal and non-criminal. “Functional Standards,” developed by the Los Angeles Police Department and then tested by the Department of Homeland Security (DHS), served to code the observed behaviours for sharing (via compatible communication protocols) up the federal hierarchy and also horizontally between states and regions. In the popular parlance of videos made for the public by local police departments and DHS, which would come to populate the internet within a few years, these categories were “signs of terrorism,” more specifically: surveillance, eliciting information, testing security, and so on. Image 3: “The Seven Signs of Terrorism (sometimes eight).” CC BY-SA 4.0 2015 by author, using materials in the public domain. If the problem of 9/11 had been that the men who would become hijackers had gone unnoticed, the basic idea of the Suspicious Activity Reporting Initiative was to create a mechanism through which the eyes and ears of everyone could contribute to their detection. In this vein, “If You See Something, Say Something™” was a campaign that originated with the New York City Metropolitan Transportation Authority, and was then licensed for use to DHS. The tips and leads such campaigns generated, together with the reports from officers on suspicious incidents that might have to do with terrorism, were coordinated in the Information Sharing Environment. Drawing on reports thus generated, the Federal Government would, in theory, communicate timely information on security threats to law enforcement so that they would be better able to discern the incidents to be reported. The cycle aimed to catch events in emergence, in a distinctively anticipatory strategy of counterterrorism (Stalcup). Re-imagination A curious fact emerges from this history, and it is key to understanding how this initiative developed. That is, there was nothing suspicious in the encounters. The soon-to-be terrorists’ licenses were up-to-date, the cars were legal, they were not nervous. Even Mohamed Atta’s warrant would have resulted in nothing more than a fine. It is not self-evident, given these facts, how a governmental technology came to be designed from these scenarios. How––if nothing seemed of immediate concern, if there had been nothing suspicious to discern––did an intelligence strategy come to be assembled around such encounters? Evidently, strident demands were made after the events of 9/11 to know, “what went wrong?” Policies were crafted and implemented according to the answers given: it was too easy to obtain identification, or to enter and stay in the country, or to buy airplane tickets and fly. But the trooper’s question, the reader will recall, was somewhat different. He had said, “It’s difficult sometimes to think back and go: ‘What if you had known something else?’” To ask “what if you had known something else?” is also to ask what else might have been. Janet Roitman shows that identifying a crisis tends to implicate precisely the question of what went wrong. Crisis, and its critique, take up history as a series of right and wrong turns, bad choices made between existing dichotomies (90): liberty-security, security-privacy, ordinary-suspicious. It is to say, what were the possibilities and how could we have selected the correct one? Such questions seek to retrospectively uncover latencies—systemic or structural, human error or a moral lapse (71)—but they ask of those latencies what false understanding of the enemy, of threat, of priorities, allowed a terrible thing to happen. “What if…?” instead turns to the virtuality hidden in history, through which missed opportunities can be re-imagined. Image 4: “The Cholmondeley Sisters and Their Swaddled Babies.” Anonymous, c. 1600-1610 (British School, 17th century); Deleuze and Parnet (150). CC BY-SA 4.0 2015 by author, using materials in the public domain. Gilles Deleuze, speaking with Claire Parnet, says, “memory is not an actual image which forms after the object has been perceived, but a virtual image coexisting with the actual perception of the object” (150). Re-imagined scenarios take up the potential of memory, so that as the trooper’s traffic stop was revisited, it also became a way of imagining what else might have been. As Immanuel Kant, among others, points out, “the productive power of imagination is […] not exactly creative, for it is not capable of producing a sense representation that was never given to our faculty of sense; one can always furnish evidence of the material of its ideas” (61). The “memory” of these encounters provided the material for re-imagining them, and thereby re-virtualising history. This was different than other governmental responses, such as examining past events in order to assess the probable risk of their repetition, or drawing on past events to imagine future scenarios, for use in exercises that identify vulnerabilities and remedy deficiencies (Anderson). Re-imagining scenarios of police-hijacker encounters through the question of “what if?” evoked what Erin Manning calls “a certain array of recognizable elastic points” (39), through which options for other movements were invented. The Suspicious Activity Reporting Initiative’s architects instrumentalised such moments as they designed new governmental entities and programs to anticipate terrorism. For each element of the encounter, an aspect of the initiative was developed: training, functional standards, a way to (hypothetically) get real-time information about threats. Suspicion was identified as a key affect, one which, if cultivated, could offer a way to effectively deal not with binary right or wrong possibilities, but with the potential which lies nestled in uncertainty. The “signs of terrorism” (that is, categories of “terrorism precursor activities”) served to maximise receptivity to encounters. Indeed, it can apparently create an oversensitivity, manifested, for example, in police surveillance of innocent people exercising their right to assemble (Madigan), or the confiscation of photographers’s equipment (Simon). “What went wrong?” and “what if?” were different interrogations of the same pre-9/11 incidents. The questions are of course intimately related. Moments where something went wrong are when one is likely to ask, what else might have been known? Moreover, what else might have been? The answers to each question informed and shaped the other, as re-imagined scenarios became the means of extracting categories of suspicious activities and patterns of behaviour that comprise the phases of an event in becoming. Conclusion The 9/11 Commission, after two years of investigation into the causes of the disastrous day, reported that “the most important failure was one of imagination” (Kean and Hamilton, Summary). The iconic images of 9/11––such as airplanes being flown into symbols of American power––already existed, in guises ranging from fictive thrillers to the infamous FBI field memo sent to headquarters on Arab men learning to fly, but not land. In 1974 there had already been an actual (failed) attempt to steal a plane and kill the president by crashing it into the White House (Kean and Hamilton, Report Ch11 n21). The threats had been imagined, as Pat O’Malley and Philip Bougen put it, but not how to govern them, and because the ways to address those threats had been not imagined, they were discounted as matters for intervention (29). O’Malley and Bougen argue that one effect of 9/11, and the general rise of incalculable insecurities, was to make it necessary for the “merely imaginable” to become governable. Images of threats from the mundane to the extreme had to be conjured, and then imagination applied again, to devise ways to render them amenable to calculation, minimisation or elimination. In the words of the 9/11 Commission, the Government must bureaucratise imagination. There is a sense in which this led to more of the same. Re-imagining the early encounters reinforced expectations for officers to do what they already do, that is, to be on the lookout for suspicious behaviours. Yet, the images of threat brought forth, in their mixing of memory and an elastic “almost,” generated their own momentum and distinctive demands. Existing capacities, such as suspicion, were re-shaped and elaborated into specific forms of security governance. The question of “what if?” and the scenarios of police-hijacker encounter were particularly potent equipment for this re-imagining of history and its re-virtualisation. References Anderson, Ben. “Preemption, Precaution, Preparedness: Anticipatory Action and Future Geographies.” Progress in Human Geography 34.6 (2010): 777-98. Clay, Nolan, and Randy Ellis. “Terrorist Ticketed Last Year on I-40.” NewsOK, 20 Jan. 2002. 25 Nov. 2014 ‹http://newsok.com/article/2779124›. Deleuze, Gilles. Negotiations. New York: Columbia UP, 1995. Deleuze, Gilles, and Claire Parnet. Dialogues II. New York: Columbia UP 2007 [1977]. Federal Bureau of Investigation. “Hijackers Timeline (Redacted) Part 01 of 02.” Working Draft Chronology of Events for Hijackers and Associates. 2003. 18 Apr. 2014 ‹https://vault.fbi.gov/9-11%20Commission%20Report/9-11-chronology-part-01-of-02›. Kant, Immanuel. Anthropology from a Pragmatic Point of View. Trans. Robert B. Louden. Cambridge: Cambridge UP, 2006. Kean, Thomas H., and Lee Hamilton. Executive Summary of the 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks upon the United States. 25 Oct. 2015 ‹http://www.9-11commission.gov/report/911Report_Exec.htm›. Kean, Thomas H., and Lee Hamilton. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks upon the United States. New York: W.W. Norton, 2004. McConnell, Mike. “Overhauling Intelligence.” Foreign Affairs, July/Aug. 2007. Madigan, Nick. “Spying Uncovered.” Baltimore Sun 18 Jul. 2008. 25 Oct. 2015 ‹http://www.baltimoresun.com/news/maryland/bal-te.md.spy18jul18-story.html›. Manning, Erin. Relationscapes: Movement, Art, Philosophy. Cambridge, MA: MIT P, 2009. O’Malley, P., and P. Bougen. “Imaginable Insecurities: Imagination, Routinisation and the Government of Uncertainty post 9/11.” Imaginary Penalities. Ed. Pat Carlen. Cullompton, UK: Willan, 2008.Roitman, Janet. Anti-Crisis. Durham, NC: Duke UP, 2013. Simon, Stephanie. “Suspicious Encounters: Ordinary Preemption and the Securitization of Photography.” Security Dialogue 43.2 (2012): 157-73. Stalcup, Meg. “Policing Uncertainty: On Suspicious Activity Reporting.” Modes of Uncertainty: Anthropological Cases. Eds. Limor Saminian-Darash and Paul Rabinow. Chicago: U of Chicago P, 2015. 69-87. Wall Street Journal. “A Careful Sequence of Mundane Dealings Sows a Day of Bloody Terror for Hijackers.” 16 Oct. 2001.

Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. Wise, Jenny, and Lesley McLean. “Pack of Thieves: The Visual Representation of Prisoners and Convicts in Dark Tourist Sites.” The Palgrave Handbook of Incarceration in Popular Culture. Eds. Marcus K. Harmes, Meredith A. Harmes, and Barbara Harmes. Switzerland: Palgrave Macmillan, 2020. 555-73.

We ask you now, reader, to put your mind, as a citizen of the Australian Commonwealth, to the facts presented in these pages. We ask you to study the problem, in the way that we present the case, from the Aborigines’ point of view. We do not ask for your charity; we do not ask you to study us as scientific-freaks. Above all, we do not ask for your “protection”. No, thanks! We have had 150 years of that! We ask only for justice, decency, and fair play. (Patten and Ferguson 3-4) Jack Patten and William Ferguson’s above declaration on “Plain Speaking” in Aborigines Claim Citizenship Rights! A Statement of the Case for the Aborigines Progressive Association (1938), outlining Aboriginal Australians view of colonisation and the call for Aboriginal self-determinacy, will be my guiding framework in writing this paper. I ask you to study the problem, as it is presented, from the viewpoint of an Indigenous woman who seeks to understand how “sorry” has been uttered in political domains as a word divorced from the moral freight attached to a history of “degrading, humiliating and exterminating” Aboriginal Australians (Patten and Ferguson 11). I wish to argue that the Opposition leader’s utterance of “sorry” in his 13 February 2008 “We Are Sorry – Address to Parliament” was an indicator of the insidious ways in which colonisation has treated Aboriginal Australians as less than, not equal to, white Australians and to examine the ways in which this particular utterance of the word “sorry” is built on longstanding colonial frameworks that position ‘the Aborigine’ as peripheral in the representation of a national identity – a national identity that, as shown by the transcript of the apology, continues to romanticise settler values and ignore Indigenous rights. Nelson’s address tries to disassociate the word “sorry” from any moral attachment. The basis of his address is on constructing a national identity where all injustices are equal. In offering this apology, let us not create one injustice in our attempts to address another. (Nelson) All sorrys are equal, but some are more equal than others. Listening to Nelson’s address, words resembling those of Orwell’s ran through my head. The word “sorry” in relation to Indigenous Australians has taken on cultural, political, educational and economic proportions. The previous government’s refusal to utter the word was attached to the ways in which formations of rhetorically self-sufficient arguments of practicality, equality and justice “functioned to sustain and legitimate existing inequalities between Indigenous and non-Indigenous peoples in Australia” (Augoustinos, LeCouteur and Soyland 105). How then, I wondered as I nervously waited for Nelson to begin apologising, would he transform this inherited collective discursive practice of legitimised racism that upheld mainstream Australia’s social reality? The need for an apology, and the history of political refusal to give it, is not a simple classification of one event, one moment in history. The ‘act’ of removing children is not a singular, one-off event. The need to do, the justification and rationalisation of the doing and what that means now, the having done, as well as the impact on those that were left behind, those that were taken, those that were born after, are all bound up in this particular “sorry”. Given that reluctance of the previous government to admit injustices were done and still exist, this utterance of the word “sorry” from the leader of the opposition precariously sat between freely offering it and reluctantly giving it. The above quote from Nelson, and its central concern of not performing any injustice towards mainstream Australia (“let us not” [my italics]) very definitely defines this sorry in relation to one particular injustice (the removing of Indigenous children) which therefore ignores the surrounding and complicit colonialist and racist attitudes, policies and practices that both institutionalised and perpetuated racism against Australia’s Indigenous peoples. This comment also clearly articulates the opposition’s concern that mainstream Australia not be offended by this act of offering the word “sorry”. Nelson’s address and the ways that it constructs what this “sorry” is for, what it isn’t for, and who it is for, continues to uphold and legitimate existing inequalities between Indigenous and non-Indigenous Australians. From the very start of Nelson’s “We Are Sorry – Address to Parliament”, two specific clarifications were emphasised: the “sorry” was directed at a limited time period in history; and that there is an ‘us’ and a ‘them’. Nelson defines this distinction: “two cultures; one ancient, proud and celebrating its deep bond with this land for some 50,000 years. The other, no less proud, arrived here with little more than visionary hope deeply rooted in gritty determination to build an Australian nation.” This cultural division maintains colonising discourses that define and label, legitimate and exclude groups and communities. It draws from the binary oppositions of self and other, white and black, civilised and primitive. It maintains a divide between the two predominant ideas of history that this country struggles with and it silences those in that space in between, ignoring for example, the effects of colonisation and miscegenation in blurring the lines between ‘primitive’ and ‘civilised’. Although acknowledging that Indigenous Australians inhabited this land for a good few thousand decades before the proud, gritty, determined visionaries of a couple of hundred years ago, the “sorry” that is to be uttered is only in relation to “the first seven decades of the 20th century”. Nelson establishes from the outset that any forthcoming apology, on behalf of “us” – read as non-Indigenous Anglo-Australians – in reference to ‘them’ – “those Aboriginal people forcibly removed” – is only valid for the “period within which these events occurred [which] was one that defined and shaped Australia”. My reading of this sectioning of a period in Australia’s history is that while recognising that certain colonising actions were unjust, specifically in this instance the removal of Indigenous children, this period of time is also seen as influential and significant to the growth of the country. What this does is to allow the important colonial enterprise to subsume the unjust actions by the colonisers by other important colonial actions. Explicit in Nelson’s address is that this particular time frame saw the nation of Australia reach the heights of achievements and is a triumphant period – an approach which extends beyond taking the highs with the lows, and the good with the bad, towards overshadowing any minor ‘unfortunate’ mistakes that might have been made, ‘occasionally’, along the way. Throughout the address, there are continual reminders to the listeners that the “us” should not be placed at a disadvantage in the act of saying “sorry”: to do so would be to create injustice, whereas this “sorry” is strictly about attempting to “address another”. By sectioning off a specific period in the history of colonised Australia, the assumption is that all that happened before 1910 and all that happened after 1970 are “sorry” free. This not only ignores the lead up to the official policy of removal, how it was sanctioned and the aftermath of removal as outlined in The Bringing Them Home Report (1997); it also prevents Indigenous concepts of time from playing a legitimate and recognised role in the construct of both history and society. Aboriginal time is cyclical and moves around important events: those events that are most significant to an individual are held closer than those that are insignificant or mundane. Aleksendar Janca and Clothilde Bullen state that “time is perceived in relation to the socially sanctioned importance of events and is most often identified by stages in life or historic relevance of events” (41). The speech attempts to distinguish between moments and acts in history: firmly placing the act of removing children in a past society and as only one act of injustice amongst many acts of triumph. “Our generation does not own these actions, nor should it feel guilt for what was done in many, but not all cases, with the best of intentions” (Nelson). What was done is still being felt by Indigenous Australians today. And by differentiating between those that committed these actions and “our generation”, the address relies on a linear idea of time, to distance any wrongdoing from present day white Australians. What I struggle with here is that those wrongdoings continue to be felt according to Indigenous concepts of time and therefore these acts are not in a far away past but very much felt in the present. The need to not own these actions further entrenches the idea of separateness between Indigenous Australia and non-Indigenous Australia. The fear of being guilty or at blame evokes notions of wrong and right and this address is at pains not to do that – not to lay blame or evoke shame. Nelson’s address is relying on a national identity that has historically silenced and marginalised Indigenous Australians. If there is no blame to be accepted, if there is no attached shame to be acknowledged (“great pride, but occasionally shame” (Nelson)) and dealt with, then national identity is implicitly one of “discovery”, peaceful settlement and progress. Where are the Aboriginal perspectives of history in this idea of a national identity – then and now? And does this mean that colonialism happened and is now over? State and territory actions upon, against and in exclusion of Indigenous Australians are not actions that can be positioned as past discriminations; they continue today and are a direct result of those that preceded them. Throughout his address, Nelson emphasises the progressiveness of “today” and how that owes its success to the “past”: “In doing so, we reach from within ourselves to our past, those whose lives connect us to it and in deep understanding of its importance to our future”. By relying on a dichotomous approach – us and them, white and black, past and present – Nelson emphasises the distance between this generation of Australia and any momentary unjust actions in the past. The belief is that time moves on – away from the past and towards the future. That advancement, progression and civilisation are linear movements, all heading towards a more enlightened state. “We will be at our best today – and every day – if we pause to place ourselves in the shoes of others, imbued with the imaginative capacity to see this issue through their eyes with decency and respect”. But where is the recognition that today’s experiences, the results of what has been created by the past, are also attached to the need to offer an apology? Nelson’s “we” (Anglo-Australians) are being asked to stop and think about how “they” (Aborigines) might see things differently to the mainstream norm. The implication here also is that “they” – members of the Stolen Generations – must be prepared to understand the position white Australia is coming from, and acknowledge the good that white Australia has achieved. Anglo-Australian pride and achievement is reinforced throughout the address as the basis on which our national identity is understood. Ignoring its exclusion and silencing of the Indigenous Australians to whom his “sorry” is directed, Nelson perpetuates this ideology here in his address: “In brutally harsh conditions, from the small number of early British settlers our non Indigenous ancestors have given us a nation the envy of any in the world”. This gift of a nation where there was none before disregards the acts of invasion, segregation, protection and assimilation that characterise the colonisation of this nation. It also reverts to romanticised settler notions of triumph over great adversities – a notion that could just as easily be attached to Indigenous Australians yet Nelson specifically addresses “our non Indigenous ancestors”. He does add “But Aboriginal Australians made involuntary sacrifices, different but no less important, to make possible the economic and social development of our modern [my emphasis] Australia.” Indigenous Australians certainly made voluntary sacrifices, similar to and different from those made by non Indigenous Australians (Indigenous Australians also went to both World Wars and fought for this nation) and a great deal of “our modern” country’s economic success was achieved on the backs of Blackfellas (Taylor 9). But “involuntary sacrifices” is surely a contradiction in terms, either intellectually shoddy or breathtakingly disingenuous. To make a sacrifice is to do it voluntarily, to give something up for a greater good. “Involuntary sacrifices”, like “collateral damage” and other calculatedly cold-blooded euphemisms, conveniently covers up the question of who was doing what to whom – of who was sacrificed, and by whom. In the attempt to construct a basis of equal contribution between Indigenous and non-Indigenous, as well as equal acts of struggle and triumphing, Nelson’s account of history and nation building draws from the positioning of the oppressors but tries to suppress any notion of racial oppression. It maintains the separateness of Indigenous experiences of colonisation from the colonisers themselves. His reiteration that these occasional acts of unjustness came from benevolent and charitable white Australians privileges non-Indigenous ways of knowing and doing over Indigenous ones and attempts to present them as untainted and innate as opposed to repressive, discriminatory and racist. We honour those in our past who have suffered and all those who have made sacrifices for us by the way we live our lives and shape our nation. Today we recommit to do so – as one people. (Nelson) The political need to identify as “one people” drives assimilation policies (the attitude at the very heart of removing Aboriginal children on the basis that they were Aboriginal and needed to be absorbed into one society of whites). By honouring everyone, and therefore taking the focus off any act of unjustness by non-Indigenous peoples on Indigenous peoples, Nelson’s narrative again upholds an idea of contemporary national identity that has not only romanticised the past but ignores the inequalities of the present day. He spends a good few hundred words reminding his listeners that white Australia deserves to maintain its hard won position. And there is no doubt he is talking to white Australia – his focus is on Western constructs of patriotism and success. He reverts to settler/colonial discourse to uphold ideas of equity and access: These generations considered their responsibilities to their country and one another more important than their rights. They did not buy something until they had saved up for it and values were always more important than value. Living in considerably more difficult times, they had dreams for our nation but little money. Theirs was a mesh of values enshrined in God, King and Country and the belief in something greater than yourself. Neglectful indifference to all they achieved while seeing their actions in the separations only, through the values of our comfortable, modern Australia, will be to diminish ourselves. In “the separations only…” highlights Nelson’s colonial logic, which compartmentalises time, space, people and events and tries to disconnect one colonial act from another. The ideology, attitudes and policies that allowed the taking of Indigenous children were not separate from all other colonial and colonising acts and processes. The desire for a White Australia, a clear cut policy which was in existence at the same time as protection, removal and assimilation policies, cannot be disassociated from either the taking of children or the creation of this “comfortable, modern Australia” today. “Neglectful indifference to all they achieved” could aptly be applied to Indigenous peoples throughout Australian history – pre and post invasion. Where is the active acknowledgment of the denial of Indigenous rights so that “these generations [of non-Indigenous Australians could] consider their responsibilities to their country and one another more important than their rights”? Nelson adheres to the colonialist national narrative to focus on the “positive”, which Patrick Wolfe has argued in his critique of settler colonialism, is an attempt to mask disruptive moments that reveal the scope of state and national power over Aboriginal Australians (33). After consistently reinforcing the colonial/settler narrative, Nelson’s address moves on to insert Indigenous Australians into a well-defined and confined space within a specific chapter of that narrative. His perfunctory overview of the first seven decades of the 20th century alludes to Protection Boards and Reserves, assimilation policies and Christianisation, all underlined with white benevolence. Having established the innocent, inherently humane and decent motivations of “white families”, he resorts to appropriating Indigenous people’s stories and experiences. In the retelling of these stories, two prominent themes in Nelson’s text become apparent. White fellas were only trying to help the poor Blackfella back then, and one need only glance at Aboriginal communities today to see that white fellas are only trying to help the poor Blackfella again. It is reasonably argued that removal from squalor led to better lives – children fed, housed and educated for an adult world of [sic] which they could not have imagined. However, from my life as a family doctor and knowing the impact of my own father’s removal from his unmarried teenaged mother, not knowing who you are is the source of deep, scarring sorrows the real meaning of which can be known only to those who have endured it. No one should bring a sense of moral superiority to this debate in seeking to diminish the view that good was being sought to be done. (Nelson) A sense of moral superiority is what motivates colonisation: it is what motivated the enforced removal of children. The reference to “removal from squalor” is somewhat reminiscent of the 1909 Aborigines Protection Act. Act No. 25, 1909, section 11(1) which states: The board may, in accordance with and subject to the provisions of the Apprentices Act, 1901, by indenture bind or cause to be bound the child of any aborigine, or the neglected child of any person apparently having an admixture of aboriginal blood in his veins, to be apprenticed to any master, and may collect and institute proceedings for the recovery of any wages payable under such indenture, and may expend the same as the board may think fit in the interest of the child. Every child so apprenticed shall be under the supervision of the board, or of such person that may be authorised in that behalf by the regulations. (144) Neglect was often defined as simply being Aboriginal. The representation that being removed would lead to a better life relies on Western attitudes about society and culture. It dismisses any notion of Indigenous rights to be Indigenous and defines a better life according to how white society views it. Throughout most of the 1900s, Aboriginal children that were removed to experience this better life were trained in positions of servants. Nelson’s inclusion of his own personal experience as a non Indigenous Australian who has experienced loss and sorrow sustains his textual purpose to reduce human experiences to a common ground, an equal footing – to make all injustices equal. And he finishes the paragraph off with the subtle reminder that this “sorry” is only for “those” Aboriginal Australians that were removed in the first seven decades of last century. After retelling the experience of one Indigenous person as told to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, he retells the experience of an Indigenous woman as told to a non-Indigenous man. The appropriate protocols concerning the re-using of Indigenous knowledge and intellectual copyright appeared to be absent in this address. Not only does the individual remain unacknowledged but the potential for misappropriating Indigenous experiences for non Indigenous purposes is apparent. The insertion of the story dismisses the importance of the original act of telling, and the significance of the unspeakable through decades of silence. Felman presents the complexities of the survivor’s tale: “the victim’s story has to overcome not just the silence of the dead but the indelible coercive power of the oppressor’s terrifying, brutal silencing of the surviving, and the inherent speechless silence of the living in the face of an unthinkable, unknowable, ungraspable event” (227). In telling this story Nelson unravelled the foundation of equality he had attempted to resurrect. And his indication towards current happenings in the Northern Territory only served to further highlight the inequities that Indigenous peoples continue to face, resist and surpass. Nelson’s statement that “separation was then, and remains today, a painful but necessary part of public policy in the protection of children” is another reminder of the “indelible coercive power of the oppressor’s terrifying” potential to repeat history. The final unmasking of the hypocritical and contested nature of Nelson’s national ideology and narrative is in his telling of the “facts” – the statistics concerning Indigenous life expectancy, Indigenous infant mortality rates, “diabetes, kidney disease, hospitalisation of women from assault, imprisonment, overcrowding, educational underperformance and unemployment”. These statistics are a result not of what Nelson terms “existential aimlessness” (immediately preceding paragraph) but of colonisation – theft of land, oppression, abuse, discrimination, and lack of any rights whether citizenship or Aboriginal. These contemporary experiences of Indigenous peoples are the direct linear result of the last two hundred years of white nation building. The address is concluded with mention of Neville Bonner, portrayed here as the perfect example of what reading, writing, expressing yourself with dignity and treating people with decency and courtesy can achieve. Bonner is presented as the ‘ideal’ Blackfella, a product of the assimilation period: he could read and write and was dignified, decent and courteous (and, coincidentally, Liberal). The inclusion of this reference to Bonner in the address may hint at the “My best friend is an Aborigine” syndrome (Heiss 71), but it also provides a discursive example to the listener of the ways in which ‘equalness’ is suggested, assumed, privileged or denied. It is a reminder, in the same vein of Patten and Ferguson’s fights for rights, that what is equal has always been apparent to the colonised. Your present official attitude is one of prejudice and misunderstanding … we are no more dirty, lazy stupid, criminal, or immoral than yourselves. Also, your slanders against our race are a moral lie, told to throw all the blame for your troubles on to us. You, who originally conquered us by guns against our spears, now rely on superiority of numbers to support your false claims of moral and intellectual superiority. After 150 years, we ask you to review the situation and give us a fair deal – a New Deal for Aborigines. The cards have been stacked against us, and we now ask you to play the game like decent Australians. Remember, we do not ask for charity, we ask for justice. Nelson quotes Bonner’s words that “[unjust hardships] can only be changed when people of non Aboriginal extraction are prepared to listen, to hear what Aboriginal people are saying and then work with us to achieve those ends”. The need for non-Indigenous Australians to listen, to be shaken out of their complacent equalness appears to have gone unheard. Fiumara, in her philosophy of listening, states: “at this point the opportunity is offered for becoming aware that the compulsion to win is due less to the intrinsic difficulty of the situation than to inhibitions induced by a non-listening language that prevents us from seeing that which would otherwise be clear” (198). It is this compulsion to win, or to at least not be seen to be losing that contributes to the unequalness of this particular “sorry” and the need to construct an equal footing. This particular utterance of sorry does not come from an acknowledged place of difference and its attached history of colonisation; instead it strives to create a foundation based on a lack of anyone being positioned on the high moral ground. It is an irony that pervades the address considering it was the coloniser’s belief in his/her moral superiority that took the first child to begin with. Nelson’s address attempts to construct the utterance of “sorry”, and its intended meaning in this specific context, on ‘equal’ ground: his representation is that we are all Australians, “us” and ‘them’ combined, “we” all suffered and made sacrifices; “we” all deserve respect and equal acknowledgment of the contribution “we” all made to this “enviable” nation. And therein lies the unequalness, the inequality, the injustice, of this particular “sorry”. This particular “sorry” is born from and maintains the structures, policies, discourses and language that led to the taking of Indigenous children in the first place. In his attempt to create a “sorry” that drew equally from the “charitable” as well as the “misjudged” deeds of white Australia, Nelson’s “We Are Sorry – Address to Parliament” increased the experiences of inequality. Chow writes that in the politics of admittance the equal depends on “acceptance by permission … and yet, being ‘admitted’ is never simply a matter of possessing the right permit, for validation and acknowledgment must also be present for admittance to be complete” (36-37). References Augoustinos, Martha, Amanda LeCouteur, and John Soyland. “Self-Sufficient Arguments in Political Rhetoric: Constructing Reconciliation and Apologizing to the Stolen Generations.” Discourse and Society 13.1 (2002): 105-142.Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. Sydney: Human Rights and Equal Opportunity Commission, 1997.Aborigines Protection Act 1909: An Act to Provide for the Protection and Care of Aborigines; To Repeal the Supply of Liquors Aborigines Prevention Act; To Amend the Vagrancy Act, 1902, and the Police Offences (Amendment) Act, 1908; And for Purposes Consequent Thereon or Incidental Thereto. Assented to 20 Dec. 1909. Digital Collections: Books and Serial, National Library of Australia. 24 Mar. 2008 < http://www.nla.gov.au/apps/cdview?pi=nla.aus-vn71409-9x-s1-v >.Chow, Rey. “The Politics of Admittance: Female Sexual Agency, Miscegenation and the Formation of Community in Frantz Fanon.” In Anthony C. Alessandrini, ed. Frantz Fanon: Critical Perspectives. London: Routledge, 1999. 34-56.Felman, Shoshana. “Theaters of Justice: Arendt in Jerusalem, the Eichmann Trial and the Redefinition of Legal Meaning in the Wake of the Holocaust.” Critical Inquiry 27.2 (2001): 201-238.Fiumara, Gemma Corradi. The Other Side of Language: A Philosophy of Listening. London and New York: Routledge, 2006.Heiss, Anita. I’m Not a Racist But… UK: Salt Publishing, 2007.Janca, Aleksandar, and Clothilde Bullen. “Aboriginal Concept of Time and Its Mental Health Implications.” Australian Psychiatry 11 (Supplement 2003): 40-44.Nelson, Brendan. “We Are Sorry – Address to Parliament.” 14 Feb. 2008 < http://www.liberal.org.au/info/news/detail/20080213_ WearesorryAddresstoParliament.php >.Patten, Jack, and William Ferguson. Aborigines Claim Citizen Rights! A Statement for the Aborigines Progressive Association. Sydney: The Publicist, 1938.Taylor, Martin, and James Francis. Bludgers in Grass Castles: Native Title and the Unpaid Debts of the Pastoral Industry. Chippendale: Resistance Books, 1997.William, Ross. “‘Why Should I Feel Guilty?’ Reflections on the Workings of White-Aboriginal Relations.” Australian Psychologist 35.2 (2000): 136-142.Wolfe, Patrick. Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event. London and New York: Cassell, 1999.

“I’m fat–and it’s okay! It doesn’t mean I’m stupid, or ugly, or lazy, or selfish. I’m fat!” so proclaims Joy Nash in her YouTube video, A Fat Rant. “Fat! It’s three little letters–what are you afraid of?!” This is the question I pose to my class on day one of Fat Studies. Sadly, many college students do fear fat, and negative attitudes toward fat people are quite prevalent in this population (Ambwani et al. 366). As I teach it, Fat Studies is cross-listed between Psychology and Gender Studies. However, most students who enrol have majors in Psychology or other behavioural health science fields in which weight bias is particularly pronounced (Watkins and Concepcion 159). Upon finding stronger bias among third- versus first-year Physical Education students, O’Brien, Hunter, and Banks (308) speculated that the weight-centric curriculum that typifies this field actively engenders anti-fat attitudes. Based on their exploration of textbook content, McHugh and Kasardo (621) contend that Psychology too is complicit in propagating weight bias by espousing weight-centric messages throughout the curriculum. Such messages include the concepts that higher body weight invariably leads to poor health, weight control is simply a matter of individual choice, and dieting is an effective means of losing weight and improving health (Tylka et al.). These weight-centric tenets are, however, highly contested. For instance, there exists a body of research so vast that it has its own name, the “obesity paradox” literature. This literature (McAuley and Blair 773) entails studies that show that “obese” persons with chronic disease have relatively better survival rates and that a substantial portion of “overweight” and “obese” individuals have levels of metabolic health similar to or better than “normal” weight individuals (e.g., Flegal et al. 71). Finally, the “obesity paradox” literature includes studies showing that cardiovascular fitness is a far better predictor of mortality than weight. In other words, individuals may be both fit and fat, or conversely, unfit and thin (Barry et al. 382). In addition, Tylka et al. review literature attesting to the complex causes of weight status that extend beyond individual behaviour, ranging from genetic predispositions to sociocultural factors beyond personal control. Lastly, reviews of research on dieting interventions show that these are overwhelmingly ineffective in producing lasting weight loss or actual improvements in health and may in fact lead to disordered eating and other unanticipated adverse consequences (e.g., Bacon and Aphramor; Mann et al. 220; Salas e79; Tylka et al.).The newfound, interdisciplinary field of scholarship known as Fat Studies aims to debunk weight-centric misconceptions by elucidating findings that counter these mainstream suppositions. Health At Every Size® (HAES), a weight-neutral approach to holistic well-being, is an important facet of Fat Studies. The HAES paradigm advocates intuitive eating and pleasurable physical activity for health rather than restrictive dieting and regimented exercise for weight loss. HAES further encourages body acceptance of self and others regardless of size. Empirical evidence shows that HAES-based interventions improve physical and psychological health without harmful side-effects or high dropout rates associated with weight loss interventions (Bacon and Aphramor; Clifford et al. “Impact of Non-Diet Approaches” 143). HAES, like the broader field of Fat Studies, seeks to eradicate weight-based discrimination, positioning weight bias as a social justice issue that intersects with oppression based on other areas of difference such as gender, race, and social class. Much like Queer Studies, Fat Studies seeks to reclaim the word, fat, thus stripping it of its pejorative connotations. As Nash asserts in her video, “Fat is a descriptive physical characteristic. It’s not an insult, or an obscenity, or a death sentence!” As an academic discipline, Fat Studies is expanding its visibility and reach. The Fat Studies Reader, the primary source of reading for my course, provides a comprehensive overview of the field (Rothblum and Solovay 1). This interdisciplinary anthology addresses fat history and activism, fat as social inequality, fat in healthcare, and fat in popular culture. Ward (937) reviews this and other recently-released fat-friendly texts. The field features its own journal, Fat Studies: An Interdisciplinary Journal of Body Weight and Society, which publishes original research, overview articles, and reviews of assorted media. Both the Popular Culture Association and National Women’s Studies Association have special interest groups devoted to Fat Studies, and the American Psychological Association’s Division on the Psychology of Women has recently formed a task force on sizism (Bergen and Carrizales 22). Furthermore, Fat Studies conferences have been held in Australia and New Zealand, and the third annual Weight Stigma Conference will occur in Iceland, September 2015. Although the latter conference is not necessarily limited to those who align themselves with Fat Studies, keynote speakers include Ragen Chastain, a well-known member of the fat acceptance movement largely via her blog, Dances with Fat. The theme of this year’s conference, “Institutionalised Weightism: How to Challenge Oppressive Systems,” is consistent with Fat Studies precepts:This year’s theme focuses on the larger social hierarchies that favour thinness and reject fatness within western culture and how these systems have dictated the framing of fatness within the media, medicine, academia and our own identities. What can be done to oppose systemised oppression? What can be learned from the fight for social justice and equality within other arenas? Can research and activism be united to challenge prevailing ideas about fat bodies?Concomitantly, Fat Studies courses have begun to appear on college campuses. Watkins, Farrell, and Doyle-Hugmeyer (180) identified and described four Fat Studies and two HAES courses that were being taught in the U.S. and abroad as of 2012. Since then, a Fat Studies course has been taught online at West Virginia University and another will soon be offered at Washington State University. Additionally, a new HAES class has been taught at Saint Mary’s College of California during the last two academic years. Cameron (“Toward a Fat Pedagogy” 28) describes ways in which nearly 30 instructors from five different countries have incorporated fat studies pedagogy into university courses across an array of academic areas. This growing trend is manifested in The Fat Pedagogy Reader (Russell and Cameron) due out later this year. In this article, I describe content and pedagogical strategies that I use in my Fat Studies course. I then share students’ qualitative reactions, drawing upon excerpts from written assignments. During the term reported here, the class was comprised of 17 undergraduate and 5 graduate students. Undergraduate majors included 47% in Psychology, 24% in Women Studies, 24% in various other College of Liberal Arts fields, and 6% in the College of Public Health. Graduate majors included 40% in the College of Public Health and 60% in the College of Education. Following submission of final grades, students provided consent via email allowing written responses on assignments to be anonymously incorporated into research reports. Assignments drawn upon for this report include weekly reading reactions to specific journal articles in which students were to summarise the main points, identify and discuss a specific quote or passage that stood out to them, and consider and discuss applicability of the information in the article. This report also utilises responses to a final assignment in which students were to articulate take-home lessons from the course.Despite the catalogue description, many students enter Fat Studies with a misunderstanding of what the course entails. Some admitted that they thought the course was about reducing obesity and the presumed health risks associated with this alleged pathological condition (Watkins). Others understood, but were somewhat dubious, at least at the outset, “Before I began this class, I admit that I was skeptical of what Fat Studies meant.” Another student experienced “a severe cognitive dissonance” between the Fat Studies curriculum and that of a previous behavioural health class:My professor spent the entire quarter spouting off statistics, such as the next generation of children will be the first generation to have a lower life expectancy than their parents and the ever increasing obesity rates that are putting such a tax on our health care system, and I took her words to heart. I was scared for myself and for the populations I would soon be working with. I was worried that I was destined to a chronic disease and bothered that my BMI was two points above ‘normal.’ I believed everything my professor alluded to on the danger of obesity because it was things I had heard in the media and was led to believe all my life.Yet another related, “At first, I will be honest, it was hard for me to accept a lot of this information, but throughout the term every class changed my mind about my view of fat people.” A few students have voiced even greater initial resistance. During a past term, one student lamented that the material represented an attack on her intended behavioural health profession. Cameron (“Learning to Teach Everybody”) describes comparable reactions among students in her Critical Obesity course taught within a behavioural health science unit. Ward (937) attests that, even in Gender Studies, fat is the topic that creates the most controversy. Similarly, she describes students’ immense discomfort when asked to entertain perspectives that challenge deeply engrained ideas inculcated by our culture’s “obesity epidemic.” Discomfort, however, is not necessarily antithetical to learning. In prompting students to unlearn “the biomedically-informed truth of obesity, namely that fat people are unfit, unhealthy, and in need of ‘saving’ through expert interventions,” Moola at al. recommend equipping them with an “ethics of discomfort” (217). No easy task, “It requires courage to ask our students to forgo the security of prescriptive health messaging in favour of confusion and uncertainty” (221). I encourage students to entertain conflicting perspectives by assigning empirically-based articles emanating from peer-reviewed journals in their own disciplines that challenge mainstream discourses on obesity (e.g., Aphramor; Bombak e60; Tomiyama, Ahlstrom, and Mann 861). Students whose training is steeped in the scientific method seem to appreciate having quantitative data at their disposal to convince themselves–and their peers and professors–that widely held weight-centric beliefs and practices may not be valid. One student remarked, “Since I have taken this course, I feel like I am prepared to discuss the fallacy of the weight-health relationship,” citing specific articles that would aid in the effort. Likewise, Cameron’s (“Learning to Teach Everybody”) students reported a need to read research reports in order to begin questioning long-held beliefs.In addition, I assign readings that provide students with the opportunity to hear the voices of fat people themselves, a cornerstone of Fat Studies. Besides chapters in The Fat Studies Reader authored by scholars and activists who identify as fat, I assign qualitative articles (e.g., Lewis et al.) and narrative reports (e.g., Pause 42) in which fat people describe their experiences with weight and weight bias. Additionally, I provide positive images of fat people via films and websites (Clifford et al. HAES®; Watkins; Watkins and Doyle-Hugmeyer 177) in order to counteract the preponderance of negative, dehumanising portrayals in popular media (e.g., Ata and Thompson 41). In response, a student stated:One of the biggest things I took away from this term was the confidence I found in fat women through films and stories. They had more confidence than I have seen in any tiny girl and owned the body they were given.I introduce “normal” weight allies as well, most especially Linda Bacon whose treatise on thin privilege tends to set the stage for viewing weight bias as a form of oppression (Bacon). One student observed, “It was a relief to be able to read and talk about weight oppression in a classroom setting for once.” Another appreciated that “The class did a great job at analysing fat as oppression and not like a secondhand oppression as I have seen in my past classes.” Typically, fat students were already aware of weight-based privilege and oppression, often painfully so. Thinner students, however, were often astonished by this concept, several describing Bacon’s article as “eye-opening.” In reaction, many vowed to act as allies:This class has really opened my eyes and prepared me to be an ally to fat people. It will be difficult for some time while I try to get others to understand my point of view on fat people but I believe once there are enough allies, people’s minds will really start changing and it will benefit everyone for the better.Pedagogically, I choose to share my own experiences as they relate to course content and encourage students, at least in their written assignments, to do the same. Other instructors refrain from this practice for fear of reinforcing traditional discourses or eliciting detrimental reactions from students (Watkins, Farrell, and Doyle-Hugmeyer 191). Nevertheless, this tack seems to work well in my course, with many students opting to disclose their relevant circumstances during classroom discussions: Throughout the term I very much valued and appreciated when classmates would share their experiences. I love listening and hearing to others experiences and I think that is a great way to understand the material and learn from one another.It really helped to read different articles and hear classmates discuss and share stories that I was able to relate to. The idea of hearing people talk about issues that I thought I was the only one who dealt with was so refreshing and enlightening.The structure of this class allowed me to learn how this information is applicable to my life and made it deeper than just memorising information.Thus far, across three terms, no student has described iatrogenic effects from this process. In fact, most attribute positive transformations to the class. These include enhanced body acceptance of self and others: This class decreased my fat phobia towards others and gave me a better understanding about the intersectionality of one’s weight. For example, I now feel that I no longer view my family in a fat phobic way and I also feel responsible for educating my brother and helping him develop a strong self-esteem regardless of his size.I never thought this class would change my life, almost save my life. Through studies shown in class and real life people following their dreams, it made my mind completely change about how I view my body and myself.I can only hope that in the future, I will be more forgiving, tolerant, and above all accepting of myself, much less others. Regardless of a person’s shape and size, we are all beautiful, and while I’m just beginning to understand this, it can only get better from here.Students also reported becoming more savvy consumers of weight-centric media messages as well as realigning their eating and exercise behaviour in accordance with HAES: I find myself disgusted at the television now, especially with the amount of diet ads, fitness club ads, and exercise equipment ads all aimed at making a ‘better you.’ I now know that I would never be better off with a SlimFast shake, P90X, or a Total Gym. I would be better off eating when I’m hungry, working out because it is fun, and still eating Thin Mints when I want to. Prior to this class, I would work out rigorously, running seven miles a day. Now I realise why at times I dreaded to work out, it was simply a mathematical system to burn the energy that I had acquired earlier in the day. Instead what I realise I should do is something I enjoy, that way I will never get tired of whatever I am doing. While I do enjoy running, other activities would bring more joy while engaging in a healthy lifestyle like hiking or mountain biking.I will never go on another diet. I will stop choosing exercises I don’t love to do. I will not weigh myself every single day hoping for the number on the scale to change.A reduction in self-weighing was perhaps the most frequent behaviour change that students expressed. This is particularly valuable in that frequent self-weighing is associated with disordered eating and unhealthy weight control behaviours (Neumark-Sztainer et al. 811):I have realised that the number on the scale is simply a number on the scale. That number does not define who you are. I have stopped weighing myself every morning. I put the scale in the storage closet so I don’t have to look at it. I even encouraged my roommate to stop weighing herself too. What has been most beneficial for me to take away from this class is the notion that the number on the scale has so much less to do with fitness levels than most people understand. Coming from a numbers obsessed person like myself, this class has actually gotten me to leave the scales behind. I used to weigh myself every single day and my self-confidence reflected whether I was up or down in weight from the day before. It seems so silly to me now. From this class, I take away a new outlook on body diversity. I will evaluate who I am for what I do and not represent myself with a number. I’m going to have my cake this time, and actually eat it too!Finally, students described ways in which they might carry the concepts from Fat Studies into their future professions: I want to go to law school. This model is something I will work toward in the fight for social justice.As a teacher and teacher of teachers, I plan to incorporate discussions on size diversity and how this should be addressed within the field of adapted physical education.I do not know how I would have gone forward if I had never taken this class. I probably would have continued to use weight loss as an effective measure of success for both nutrition and physical activity interventions. I will never be able to think about the obesity prevention movement in the same way.Since I am working toward being a clinical psychologist, I don’t want to have a client who is pursuing weight loss and then blindly believe that they need to lose weight. I’d rather be of the mindset that every person is unique, and that there are other markers of health at every size.Jones and Hughes-Decatur (59) call for increased scholarship illustrating and evaluating critical body pedagogies so that teachers might provide students with tools to critique dominant discourses, helping them forge healthy relationships with their own bodies in the process. As such, this paper describes elements of a Fat Studies class that other instructors may choose to adopt. It additionally presents qualitative data suggesting that students came to think about fat and fat people in new and divergent ways. Qualitative responses also suggest that students developed better body image and more adaptive eating and exercise behaviours throughout the term. Although no students have yet described lasting adverse effects from the class, one stated that she would have preferred less of a focus on health and more of a focus on issues such as fat fashion. Indeed, some Fat Studies scholars (e.g., Lee) advocate separating discussions of weight bias from discussions of health status to avoid stigmatising fat people who do experience health problems. While concerns about fostering healthism within the fat acceptance movement are valid, as a behavioural health professional with an audience of students training in these fields, I have chosen to devote three weeks of our ten week term to this subject matter. Depending on their academic background, others who teach Fat Studies may choose to emphasise different aspects such as media representations or historical connotations of fat.Nevertheless, the preponderance of positive comments evidenced throughout students’ assignments may certainly be a function of social desirability. Although I explicitly invite critique, and in fact assign readings (e.g., Welsh 33) and present media that question HAES and Fat Studies concepts, students may still feel obliged to articulate acceptance of and transformations consistent with the principles of these movements. As a more objective assessment of student outcomes, I am currently conducting a quantitative evaluation, in which I remain blind to students’ identities, of this year’s Fat Studies course compared to other upper division/graduate Psychology courses, examining potential changes in weight bias, body image and dieting behaviour, adherence to appearance-related media messages, and obligatory exercise behaviour. I postulate results akin to those of Humphrey, Clifford, and Neyman Morris (143) who found reductions in weight bias, improved body image, and improved eating behaviour among college students as a function of their HAES course. As Fat Studies pedagogy proliferates, instructors are called upon to share their teaching strategies, document the effects, and communicate these results within and outside of academic spheres.ReferencesAmbwani, Suman, Katherine M. Thomas, Christopher J. Hopwood, Sara A. Moss, and Carlos M. Grilo. “Obesity Stigmatization as the Status Quo: Structural Considerations and Prevalence among Young Adults in the U.S.” Eating Behaviors 15.3 (2014): 366-370. Aphramor, Lucy. “Validity of Claims Made in Weight Management Research: A Narrative Review of Dietetic Articles.” Nutrition Journal 9 (2010): n. pag. 15 May 2015 ‹http://www.nutritionj.com/content/9/1/30›.Ata, Rheanna M., and J. 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Photograph by Gonzalo Echeverria (2010)We need to get some broad-based support, to capture the public’s imagination … so we have to offer up scary scenarios, make simplified, dramatic statements and make little mention of any doubts … each of us has to decide what the right balance is between being effective and being honest (Hulme 347). Acclaimed climate scientist, the late Stephen Schneider, made this comment in 1988. Later he regretted it and said that there are ways of using metaphors that can “convey both urgency and uncertainty” (Hulme 347). What Schneider encapsulates here is the great conundrum for those attempting to communicate climate change to the everyday public. How do scientists capture the public’s imagination and convey the desperation they feel about climate change, but do it ethically? If scientific findings are presented carefully, in boring technical jargon that few can understand, then they are unlikely to attract audiences or provide an impetus for behavioural change. “What can move someone to act?” asks communication theorists Susan Moser and Lisa Dilling (37). “If a red light blinks on in a cockpit” asks Donella Meadows, “should the pilot ignore it until in speaks in an unexcited tone? … Is there any way to say [it] sweetly? Patiently? If one did, would anyone pay attention?” (Moser and Dilling 37). In 2010 Tim Flannery was appointed Panasonic Chair in Environmental Sustainability at Macquarie University. His main teaching role remains within the new science communication programme. One of the first things Flannery was emphatic about was acquainting students with Karl Popper and the origin of the scientific method. “There is no truth in science”, he proclaimed in his first lecture to students “only theories, hypotheses and falsifiabilities”. In other words, science’s epistemological limits are framed such that, as Michael Lemonick argues, “a statement that cannot be proven false is generally not considered to be scientific” (n.p., my emphasis). The impetus for the following paper emanates precisely from this issue of scientific uncertainty — more specifically from teaching a course with Tim Flannery called Communicating climate change to a highly motivated group of undergraduate science communication students. I attempt to illuminate how uncertainty is constructed differently by different groups and that the “public” does not necessarily interpret uncertainty in the same way the sciences do. This paper also analyses how doubt has been politicised and operates polemically in media coverage of climate change. As Andrew Gorman-Murray and Gordon Waitt highlight in an earlier issue of M/C Journal that focused on the climate-culture nexus, an understanding of the science alone is not adequate to deal with the cultural change necessary to address the challenges climate change brings (n.p). Far from being redundant in debates around climate change, the humanities have much to offer. Erosion of Trust in Science The objectives of Macquarie’s science communication program are far more ambitious than it can ever hope to achieve. But this is not necessarily a bad thing. The initiative is a response to declining student numbers in maths and science programmes around the country and is designed to address the perceived lack of communication skills in science graduates that the Australian Council of Deans of Science identified in their 2001 report. According to Macquarie Vice Chancellor Steven Schwartz’s blog, a broader, and much more ambitious aim of the program is to “restore public trust in science and scientists in the face of widespread cynicism” (n.p.). In recent times the erosion of public trust in science was exacerbated through the theft of e-mails from East Anglia University’s Climate Research Unit and the so-called “climategate scandal” which ensued. With the illegal publication of the e-mails came claims against the Research Unit that climate experts had been manipulating scientific data to suit a pro-global warming agenda. Three inquiries later, all the scientists involved were cleared of any wrongdoing, however the damage had already been done. To the public, what this scandal revealed was a certain level of scientific hubris around the uncertainties of the science and an unwillingness to explain the nature of these uncertainties. The prevailing notion remained that the experts were keeping information from public scrutiny and not being totally honest with them, which at least in the short term, damaged the scientists’s credibility. Many argued that this signalled a shift in public opinion and media portrayal on the issue of climate change in late 2009. University of Sydney academic, Rod Tiffen, claimed in the Sydney Morning Herald that the climategate scandal was “one of the pivotal moments in changing the politics of climate change” (n.p). In Australia this had profound implications and meant that the bipartisan agreement on an emissions trading scheme (ETS) that had almost been reached, subsequently collapsed with (climate sceptic) Tony Abbott's defeat of (ETS advocate) Malcolm Turnbull to become opposition leader (Tiffen). Not long after the reputation of science received this almighty blow, albeit unfairly, the federal government released a report in February 2010, Inspiring Australia – A national strategy for engagement with the sciences as part of the country’s innovation agenda. The report outlines a commitment from the Australian government and universities around the country to address the challenges of not only communicating science to the broader community but, in the process, renewing public trust and engagement in science. The report states that: in order to achieve a scientifically engaged Australia, it will be necessary to develop a culture where the sciences are recognized as relevant to everyday life … Our science institutions will be expected to share their knowledge and to help realize full social, economic, health and environmental benefits of scientific research and in return win ongoing public support. (xiv-xv) After launching the report, Innovation Minister Kim Carr went so far as to conflate “hope” with “science” and in the process elevate a discourse of technological determinism: “it’s time for all true friends of science to step up and defend its values and achievements” adding that, "when you denigrate science, you destroy hope” (n.p.). Forever gone is our naïve post-war world when scientists were held in such high esteem that they could virtually use humans as guinea pigs to test out new wonder chemicals; such as organochlorines, of which DDT is the most widely known (Carson). Thanks to government-sponsored nuclear testing programs, if you were born in the 1950s, 1960s or early 1970s, your brain carries a permanent nuclear legacy (Flannery, Here On Earth 158). So surely, for the most part, questioning the authority and hubristic tendencies of science is a good thing. And I might add, it’s not just scientists who bear this critical burden, the same scepticism is directed towards journalists, politicians and academics alike – something that many cultural theorists have noted is characteristic of our contemporary postmodern world (Lyotard). So far from destroying hope, as the former Innovation Minister Kim Carr (now Minister for Innovation, Industry, Science and Research) suggests, surely we need to use the criticisms of science as a vehicle upon which to initiate hope and humility. Different Ways of Knowing: Bayesian Beliefs and Matters of Concern At best, [science] produces a robust consensus based on a process of inquiry that allows for continued scrutiny, re-examination, and revision. (Oreskes 370) In an attempt to capitalise on the Macquarie Science Faculty’s expertise in climate science, I convened a course in second semester 2010 called SCOM201 Science, Media, Community: Communicating Climate Change, with invaluable assistance from Penny Wilson, Elaine Kelly and Liz Morgan. Mike Hulme’s provocative text, Why we disagree about climate change: Understanding controversy, inaction and opportunity provided an invaluable framework for the course. Hulme’s book brings other types of knowledge, beyond the scientific, to bear on our attitudes towards climate change. Climate change, he claims, has moved from being just a physical, scientific, and measurable phenomenon to becoming a social and cultural phenomenon. In order to understand the contested nature of climate change we need to acknowledge the dynamic and varied meanings climate has played in different cultures throughout history as well as the role that our own subjective attitudes and judgements play. Climate change has become a battleground between different ways of knowing, alternative visions of the future, competing ideas about what’s ethical and what’s not. Hulme makes the point that one of the reasons that we disagree about climate change is because we disagree about the role of science in today’s society. He encourages readers to use climate change as a tool to rigorously question the basis of our beliefs, assumptions and prejudices. Since uncertainty was the course’s raison d’etre, I was fortunate to have an extraordinary cohort of students who readily engaged with a course that forced them to confront their own epistemological limits — both personally and in a disciplinary sense. (See their blog: https://scom201.wordpress.com/). Science is often associated with objective realities. It thus tends to distinguish itself from the post-structuralist vein of critique that dominates much of the contemporary humanities. At the core of post-structuralism is scepticism about everyday, commonly accepted “truths” or what some call “meta-narratives” as well as an acknowledgement of the role that subjectivity plays in the pursuit of knowledge (Lyotard). However if we can’t rely on objective truths or impartial facts then where does this leave us when it comes to generating policy or encouraging behavioural change around the issue of climate change? Controversial philosophy of science scholar Bruno Latour sits squarely in the post-structuralist camp. In his 2004 article, “Why has critique run out of steam? From matters of fact to matters of concern”, he laments the way the right wing has managed to gain ground in the climate change debate through arguing that uncertainty and lack of proof is reason enough to deny demands for action. Or to use his turn-of-phrase, “dangerous extremists are using the very same argument of social construction to destroy hard-won evidence that could save our lives” (Latour n.p). Through co-opting (the Left’s dearly held notion of) scepticism and even calling themselves “climate sceptics”, they exploited doubt as a rationale for why we should do nothing about climate change. Uncertainty is not only an important part of science, but also of the human condition. However, as sociologist Sheila Jasanoff explains in her Nature article, “Technologies of Humility”, uncertainty has become like a disease: Uncertainty has become a threat to collective action, the disease that knowledge must cure. It is the condition that poses cruel dilemmas for decision makers; that must be reduced at all costs; that is tamed with scenarios and assessments; and that feeds the frenzy for new knowledge, much of it scientific. (Jasanoff 33) If we move from talking about climate change as “a matter of fact” to “a matter of concern”, argues Bruno Latour, then we can start talking about useful ways to combat it, rather than talking about whether the science is “in” or not. Facts certainly matter, claims Latour, but they can’t give us the whole story, rather “they assemble with other ingredients to produce a matter of concern” (Potter and Oster 123). Emily Potter and Candice Oster suggest that climate change can’t be understood through either natural or cultural frames alone and, “unlike a matter of fact, matters of concern cannot be explained through a single point of view or discursive frame” (123). This makes a lot of what Hulme argues far more useful because it enables the debate to be taken to another level. Those of us with non-scientific expertise can centre debates around the kinds of societies we want, rather than being caught up in the scientific (un)certainties. If we translate Latour’s concept of climate change being “a matter of concern” into the discourse of environmental management then what we come up with, I think, is the “precautionary principle”. In the YouTube clip, “Stephen Schneider vs Skeptics”, Schneider argues that when in doubt about the potential environmental impacts of climate change, we should always apply the precautionary principle. This principle emerged from the UN conference on Environment and Development in Rio de Janeiro in 1992 and concerns the management of scientific risk. However its origins are evident much earlier in documents such as the “Use of Pesticides” from US President’s Science Advisory Committee in 1962. Unlike in criminal and other types of law where the burden of proof is on the prosecutor to show that the person charged is guilty of a particular offence, in environmental law the onus of proof is on the manufacturers to demonstrate the safety of their product. For instance, a pesticide should be restricted or disproved for use if there is “reasonable doubt” about its safety (Oreskes 374). Principle 15 of the Rio Declaration on Environment and Development in 1992 has its foundations in the precautionary principle: “Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation” (n.p). According to Environmental Law Online, the Rio declaration suggests that, “The precautionary principle applies where there is a ‘lack of full scientific certainty’ – that is, when science cannot say what consequences to expect, how grave they are, or how likely they are to occur” (n.p.). In order to make predictions about the likelihood of an event occurring, scientists employ a level of subjectivity, or need to “reveal their degree of belief that a prediction will turn out to be correct … [S]omething has to substitute for this lack of certainty” otherwise “the only alternative is to admit that absolutely nothing is known” (Hulme 85). These statements of “subjective probabilities or beliefs” are called Bayesian, after eighteenth century English mathematician Sir Thomas Bayes who developed the theory of evidential probability. These “probabilities” are estimates, or in other words, subjective, informed judgements that draw upon evidence and experience about the likelihood of event occurring. The Intergovernmental Panel on Climate Change (IPCC) uses Bayesian beliefs to determine the risk or likelihood of an event occurring. The IPCC provides the largest international scientific assessment of climate change and often adopts a consensus model where viewpoint reached by the majority of scientists is used to establish knowledge amongst an interdisciplinary community of scientists and then communicate it to the public (Hulme 88). According to the IPCC, this consensus is reached amongst more than more than 450 lead authors, more than 800 contributing authors, and 2500 scientific reviewers. While it is an advisory body and is not policy-prescriptive, the IPCC adopts particular linguistic conventions to indicate the probability of a statement being correct. Stephen Schneider convinced the IPCC to use this approach to systemise uncertainty (Lemonick). So for instance, in the IPCC reports, the term “likely” denotes a chance of 66%-90% of the statement being correct, while “very likely” denotes more than a 90% chance. Note the change from the Third Assessment Report (2001), indicating that “most of the observed warming in over the last fifty years is likely to have been due to the increase in greenhouse gas emissions” to the Fourth Assessment (February 2007) which more strongly states: “Most of the observed increase in global average temperatures since the mid twentieth century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations” (Hulme 51, my italics). A fiery attack on Tim Flannery by Andrew Bolt on Steve Price’s talkback radio show in June 2010 illustrates just how misunderstood scientific uncertainty is in the broader community. When Price introduces Flannery as former Australian of the Year, Bolt intercedes, claiming Flannery is “Alarmist of the Year”, then goes on to chastise Flannery for making various forecasts which didn’t eventuate, such as that Perth and Brisbane might run out of water by 2009. “How much are you to blame for the swing in sentiment, the retreat from global warming policy and rise of scepticism?” demands Bolt. In the context of the events of late 2009 and early 2010, the fact that these events didn’t materialise made Flannery, and others, seem unreliable. And what Bolt had to say on talkback radio, I suspect, resonated with a good proportion of its audience. What Bolt was trying to do was discredit Flannery’s scientific credentials and in the process erode trust in the expert. Flannery’s response was to claim that, what he said was that these events might eventuate. In much the same way that the climate sceptics have managed to co-opt scepticism and use it as a rationale for inaction on climate change, Andrew Bolt here either misunderstands basic scientific method or quite consciously misleads and manipulates the public. As Naomi Oreskes argues, “proof does not play the role in science that most people think it does (or should), and therefore it cannot play the role in policy that skeptics demand it should” (Oreskes 370). Doubt and ‘Situated’ Hope Uncertainty and ambiguity then emerge here as resources because they force us to confront those things we really want–not safety in some distant, contested future but justice and self-understanding now. (Sheila Jasanoff, cited in Hulme, back cover) In his last published book before his death in mid-2010, Science as a contact sport, Stephen Schneider’s advice to aspiring science communicators is that they should engage with the media “not at all, or a lot”. Climate scientist Ann Henderson-Sellers adds that there are very few scientists “who have the natural ability, and learn or cultivate the talents, of effective communication with and through the media” (430). In order to attract the public’s attention, it was once commonplace for scientists to write editorials and exploit fear-provoking measures by including a “useful catastrophe or two” (Moser and Dilling 37). But are these tactics effective? Susanne Moser thinks not. She argues that “numerous studies show that … fear may change attitudes … but not necessarily increase active engagement or behaviour change” (Moser 70). Furthermore, risk psychologists argue that danger is always context specific (Hulme 196). If the risk or danger is “situated” and “tangible” (such as lead toxicity levels in children in Mt Isa from the Xstrata mine) then the public will engage with it. However if it is “un-situated” (distant, intangible and diffuse) like climate change, the audience is less likely to. In my SCOM201 class we examined the impact of two climate change-related campaigns. The first one was a short film used to promote the 2010 Copenhagen Climate Change Summit (“Scary”) and the second was the State Government of Victoria’s “You have the power: Save Energy” public awareness campaign (“You”). Using Moser’s article to guide them, students evaluated each campaign’s effectiveness. Their conclusions were that the “You have the power” campaign had far more impact because it a) had very clear objectives (to cut domestic power consumption) b) provided a very clear visualisation of carbon dioxide through the metaphor of black balloons wafting up into the atmosphere, c) gave viewers a sense of empowerment and hope through describing simple measures to cut power consumption and, d) used simple but effective metaphors to convey a world progressed beyond human control, such as household appliances robotically operating themselves in the absence of humans. Despite its high production values, in comparison, the Copenhagen Summit promotion was more than ineffective and bordered on propaganda. It actually turned viewers off with its whining, righteous appeal of, “please help the world”. Its message and objectives were ambiguous, it conveyed environmental catastrophe through hackneyed images, exploited children through a narrative based on fear and gave no real sense of hope or empowerment. In contrast the Victorian Government’s campaign focused on just one aspect of climate change that was made both tangible and situated. Doubt and uncertainty are productive tools in the pursuit of knowledge. Whether it is scientific or otherwise, uncertainty will always be the motivation that “feeds the frenzy for new knowledge” (Jasanoff 33). Articulating the importance of Hulme’s book, Sheila Jasanoff indicates we should make doubt our friend, “Without downplaying its seriousness, Hulme demotes climate change from ultimate threat to constant companion, whose murmurs unlock in us the instinct for justice and equality” (Hulme back cover). The “murmurs” that Jasanoff gestures to here, I think, can also be articulated as hope. And it is in this discussion of climate change that doubt and hope sit side-by-side as bedfellows, mutually entangled. Since the “failed” Copenhagen Summit, there has been a distinct shift in climate change discourse from “experts”. We have moved away from doom and gloom discourses and into the realm of what I shall call “situated” hope. “Situated” hope is not based on blind faith alone, but rather hope grounded in evidence, informed judgements and experience. For instance, in distinct contrast to his cautionary tale The Weather Makers: The History & Future Impact of Climate Change, Tim Flannery’s latest book, Here on Earth is a biography of our Earth; a planet that throughout its history has oscillated between Gaian and Medean impulses. However Flannery’s wonder about the natural world and our potential to mitigate the impacts of climate change is not founded on empty rhetoric but rather tempered by evidence; he presents a series of case studies where humanity has managed to come together for a global good. Whether it’s the 1987 Montreal ban on CFCs (chlorinated fluorocarbons) or the lesser-known 2001 Stockholm Convention on POP (Persistent Organic Pollutants), what Flannery envisions is an emerging global civilisation, a giant, intelligent super-organism glued together through social bonds. He says: If that is ever achieved, the greatest transformation in the history of our planet would have occurred, for Earth would then be able to act as if it were as Francis Bacon put it all those centuries ago, ‘one entire, perfect living creature’. 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