Homelessness and Contact with the Criminal Justice System: Insights from Specialist Lawyers and Allied Professionals in Australia

McNamara, L; Quilter, J; Walsh, T; Anthony, T

Homelessness and Contact with the Criminal Justice System: Insights from Specialist Lawyers and Allied Professionals in Australia

McNamara, L Quilter, J Walsh, T Anthony, T

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Publisher:: Queensland University of Technology
Publication Type:: Journal Article
Citation:: International Journal for Crime, Justice and Social Democracy, 2020, 9, (3)
Issue Date:: 2020-11-12

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Field	Value	Language
dc.contributor.author	McNamara, L
dc.contributor.author	Quilter, J
dc.contributor.author	Walsh, T
dc.contributor.author	Anthony, T https://orcid.org/0000-0002-0652-0731
dc.date.accessioned	2020-12-15T07:25:02Z
dc.date.available	2020-12-15T07:25:02Z
dc.date.issued	2020-11-12
dc.identifier.citation	International Journal for Crime, Justice and Social Democracy, 2020, 9, (3)
dc.identifier.issn	2202-7998
dc.identifier.issn	2202-8005
dc.identifier.uri	http://hdl.handle.net/10453/144717
dc.description.abstract	<jats:p>Lawyers and allied professionals who have experience supporting, advising and representing people experiencing homelessness are uniquely placed to identify problems with the operation of the criminal justice system—from policing to courts to punishment—and to conceive reform options. This article reports the findings of qualitative interviews with lawyers and allied professionals in all Australian states and territories. Participants identified multiple points where decisions about criminal law enforcement fail to take adequate account of the complex factors that underlie ‘offending’ by people experiencing homelessness, producing outcomes that exacerbate disadvantage. They advanced a range of proposals for reform directed at breaking the nexus between homelessness and criminalisation, including re-conception of the role of police, adoption of therapeutic jurisprudence (or ‘solution-focused’) models in criminal courts, and major changes to the use of fines as a criminal punishment.</jats:p>
dc.language	en
dc.publisher	Queensland University of Technology
dc.relation	http://purl.org/au-research/grants/arc/LP160101543
dc.relation.ispartof	International Journal for Crime, Justice and Social Democracy
dc.relation.isbasedon	10.5204/ijcjsd.1742
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1602 Criminology, 1608 Sociology, 1801 Law
dc.title	Homelessness and Contact with the Criminal Justice System: Insights from Specialist Lawyers and Allied Professionals in Australia
dc.type	Journal Article
utslib.citation.volume	9
utslib.for	1602 Criminology
utslib.for	1608 Sociology
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - SIC - Strengthening Indigenous Communities
pubs.organisational-group	/University of Technology Sydney
utslib.copyright.status	open_access	*
dc.date.updated	2020-12-15T07:24:57Z
pubs.issue	3
pubs.publication-status	Published online
pubs.volume	9
utslib.citation.issue	3

Abstract:

Lawyers and allied professionals who have experience supporting, advising and representing people experiencing homelessness are uniquely placed to identify problems with the operation of the criminal justice system—from policing to courts to punishment—and to conceive reform options. This article reports the findings of qualitative interviews with lawyers and allied professionals in all Australian states and territories. Participants identified multiple points where decisions about criminal law enforcement fail to take adequate account of the complex factors that underlie ‘offending’ by people experiencing homelessness, producing outcomes that exacerbate disadvantage. They advanced a range of proposals for reform directed at breaking the nexus between homelessness and criminalisation, including re-conception of the role of police, adoption of therapeutic jurisprudence (or ‘solution-focused’) models in criminal courts, and major changes to the use of fines as a criminal punishment.

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http://hdl.handle.net/10453/144717