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We often find ourselves invited to respond to people who ask us for money on the street - beggars, homeless people and so on. We can respond in different ways: give them something, decline as a matter of course, decline as a matter of principle, or not notice them. Last week Pope Francis recommended that we always give coins. To many this will seem to be too categorical. However as has so often been the case, Francis' throwaway lines illuminate much larger social issues.
The enjoyment of the holidays did not soften the mayhem and malice of the public world and the people whose lives and happiness are so destroyed by them. It held in mind the images of death and diminishment, but set them on a canvas of thanksgiving for the ways in which kindness and humanity are embodied in people's lives, for the strength and delicacy of relationships that we take for granted, and for the gift of a beach holiday that is an impossible dream for so many Australians.
The Minister has committed to improving youth detention facilities, the appointment of 100 more staff, and revision of Victoria's youth detention policy. But in doing so, she has sheeted home blame to the former government, and has accused lawyers for the children of pandering to ideology. The government's discourse continues the tough-on-crime narrative rather than acknowledging the causes and contexts of juvenile offending and the consequences of appalling facilities on the youth who are detained.
This year International Migrants Day has called for children to be released from detention. It is appropriate that an event held in the shadow of Christmas should advocate for children. For they lie at the heart of Christmas. The insistence in the Gospel stories on the obligation to respect and nurture children is not exclusive to Christians. It is echoed in the attention to children and concern for their growth into responsible adults shared by other religions and cultures.
One of the weaknesses in our society is its lack of effective regulations governing the marketing and availability of alcohol. A second is the ready availability of pornography, as many young men learn how to behave towards women from sadistic and explicit pornography. In the case of the lack of restrictions on the availability of both, churches concerned to respond to domestic violence will need to meet the libertarian objections to regulating profitable business and individual behaviour.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
The royal commission recommends a 'blitz' on rehousing family violence victims stuck in crisis and transitional housing, as well as individualised funding packages to open up access to private rentals for people fleeing violent relationships. Important though it is, it is not enough simply to support the victims of family violence. We also need to prevent family violence from occurring. This requires a strategy for preventing family violence that involves the whole community.
Elder abuse resembles child abuse in its iceberg qualities: both have received little attention until comparatively recently. In the case of elder abuse, very few cases ever come to court: old people are as helpless as children, similarly unable to plead their own cases, and afraid to: they have little power. The Yiddish proverb springs to mind: If you can't bite, don't show your teeth. The most consistent offenders, sad to say, are family members, who are often adept at exploiting the fear that is part of ageing.
A particular issue in Australia is the age of criminal responsibility, which varies in different states between ten and 12. Research into brain development suggests that people cannot fully take responsibility for their actions until they are 15 years old. Responsible policy must respect the human development of the child and ensure that the response to their wrongdoing takes into account their age and does not place them in processes they can neither understand nor properly participate in.
How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.
The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
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