Tracey Booth
Biographic Data
| ID | 4171383 |
|---|---|
| NAME | Tracey Booth |
| GIVEN NAMES | Tracey |
| FAMILY NAME | Booth |
| SIGNATURE | BOOTH T |
| AFFILIATIONS | University of Technology Sydney |
| ORCID | 0000-0001-5530-021X |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 17 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1961 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 1 |
Professional Emotions in Court
Family Violence and Judicial Empathy
Enquiries and research reveal that many victims of family violence who are personally cross-examined by the alleged perpetrator of that violence in family law proceedings find the process traumatising and intimidating. Not only can such processes generate unsafe and unfair outcomes but also they are unlikely to produce the high quality evidence required by the court. In deference to the emotional wellbeing and vulnerability of these victims, a nu…
Victim participation rights
Political and social pressures to redress the
Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom
Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions…
Accommodating the Expressive Function of Victim Impact Statements
The expressive function of victim impact statements (VISs) enables victims to have a voice in legal proceedings—to speak and be heard about the harm caused by the offence. VISs have been adopted in many jurisdictions. While research reveals legal and institutional constraints on the expressive function of VISs in many jurisdictions with adversarial proceedings, we know little about the implementation of VISs in inquisitorial systems. We address t…
Victim Impact Statements and Sentencing Homicide Offenders
The use of victim impact statements (‘VISs’) from family victims in homicide matters, particularly as evidence of aggravating factors, is contentious in NSW courts. Until July 2014, the law prevented VISs influencing penalties imposed on homicide offenders (Previtera). However, the Crimes (Sentencing Procedure) Act 1999 was amended in 2014 in order to overrule Previtera and enable VISs to ‘count’ in sentencing homicide offenders. This article dra…
The illusory dichotomy of plagiarism
Plagiarism has been characterised as a 'major problem' for universities. While tensions between students and universities are inevitable, the problem with the existing system of plagiarism management and prevention is that it operates to problematise the relationship between the university and the student, rather than address the core academic issues. As a result, a dichotomy is created where the student interest is constructed as adverse to that…
Victim Impact Statements and the Nature and Incidence of Offender Remorse
Scholars have argued that disclosure of the impact of the crime on the victim through victim impact statements has the potential to produce an emotional response in offenders that creates an opportunity for offenders to express remorse and apologise to crime victims in the sentencing hearing. Implicit in this claim is the concept that the incidence of such victim-focused remorse is a virtue and a positive restorative element of VISs. Drawing from…
Crime Victims and Sentencing
Incorporation of victim participation in the sentencing process through a victim impact statement ('VIS') has been a prominent feature of penal policy in Australian jurisdictions for more than two decades. VISs are mechanisms designed to provide victims with a voice in the hearing and space in which to express their feelings about the impact of the crime. While research suggests that VISs have generally had little impact on sentencing outcomes or…
The Process is the Punishment
Bail is a most crucial stage of pre-trial procedure for accused persons who are presumed to be innocent. In the context of bail, punitive crime policies in New South Wales have led to the gradual erosion of the presumption in favour of bail in relation to many offences, the conflation of bail conditions and penalty and a steady increase in the number of persons being held as prisoners on remand. Continuing this punitive turn in crime policy, the …
Homicide, family victims and sentencing
(2004). Homicide, family victims and sentencing: continuing the debate about Victim Impact Statements. Current Issues in Criminal Justice: Vol. 15, No. 3, pp. 253-257
Student Pro Bono
The Dead Victim, The Family Victim And Victim Impact Statements In New South Wales
(2000). The Dead Victim, The Family Victim And Victim Impact Statements In New South Wales. Current Issues in Criminal Justice: Vol. 11, No. 3, pp. 292-307
A Suggested Analogy for the Elusive Self
Education and a Radical Humanism
Education and a Radical Humanism: Notes toward a Theory of the Educational Crisis." The Journal of Higher Education, 33(9), pp. 513–514
The Duty of the Humanists
The Duty of the Humanists
W X rE HUMANISTS, shaking our heads sadly over the fact that the humanities are not granted the respect they once had in the educational world, are inclined at times to blame everyone but ourselves. We fortify ourselves within our own snobbery, hold on defiantly to the little corner of education into which we have been crowded, and almost dare anyone to develop the sensitivity required to appreciate our work. We are inclined to divide the world i…
Accommodating the Expressive Function of Victim Impact Statements
The expressive function of victim impact statements (VISs) enables victims to have a voice in legal proceedings—to speak and be heard about the harm caused by the offence. VISs have been adopted in many jurisdictions. While research reveals legal and institutional constraints on the expressive function of VISs in many jurisdictions with adversarial proceedings, we know little about the implementation of VISs in inquisitorial systems. We address t…
Professional Emotions in Court
A Suggested Analogy for the Elusive Self
The Duty of the Humanists
The Duty of the Humanists
W X rE HUMANISTS, shaking our heads sadly over the fact that the humanities are not granted the respect they once had in the educational world, are inclined at times to blame everyone but ourselves. We fortify ourselves within our own snobbery, hold on defiantly to the little corner of education into which we have been crowded, and almost dare anyone to develop the sensitivity required to appreciate our work. We are inclined to divide the world i…
Education and a Radical Humanism
Education and a Radical Humanism: Notes toward a Theory of the Educational Crisis." The Journal of Higher Education, 33(9), pp. 513–514
A Suggested Analogy for the Elusive Self
The Dead Victim, The Family Victim And Victim Impact Statements In New South Wales
(2000). The Dead Victim, The Family Victim And Victim Impact Statements In New South Wales. Current Issues in Criminal Justice: Vol. 11, No. 3, pp. 292-307
Homicide, family victims and sentencing
(2004). Homicide, family victims and sentencing: continuing the debate about Victim Impact Statements. Current Issues in Criminal Justice: Vol. 15, No. 3, pp. 253-257
Student Pro Bono
The Process is the Punishment
Bail is a most crucial stage of pre-trial procedure for accused persons who are presumed to be innocent. In the context of bail, punitive crime policies in New South Wales have led to the gradual erosion of the presumption in favour of bail in relation to many offences, the conflation of bail conditions and penalty and a steady increase in the number of persons being held as prisoners on remand. Continuing this punitive turn in crime policy, the …
Crime Victims and Sentencing
Incorporation of victim participation in the sentencing process through a victim impact statement ('VIS') has been a prominent feature of penal policy in Australian jurisdictions for more than two decades. VISs are mechanisms designed to provide victims with a voice in the hearing and space in which to express their feelings about the impact of the crime. While research suggests that VISs have generally had little impact on sentencing outcomes or…
Victim Impact Statements and the Nature and Incidence of Offender Remorse
Scholars have argued that disclosure of the impact of the crime on the victim through victim impact statements has the potential to produce an emotional response in offenders that creates an opportunity for offenders to express remorse and apologise to crime victims in the sentencing hearing. Implicit in this claim is the concept that the incidence of such victim-focused remorse is a virtue and a positive restorative element of VISs. Drawing from…
The illusory dichotomy of plagiarism
Plagiarism has been characterised as a 'major problem' for universities. While tensions between students and universities are inevitable, the problem with the existing system of plagiarism management and prevention is that it operates to problematise the relationship between the university and the student, rather than address the core academic issues. As a result, a dichotomy is created where the student interest is constructed as adverse to that…
Accommodating the Expressive Function of Victim Impact Statements
The expressive function of victim impact statements (VISs) enables victims to have a voice in legal proceedings—to speak and be heard about the harm caused by the offence. VISs have been adopted in many jurisdictions. While research reveals legal and institutional constraints on the expressive function of VISs in many jurisdictions with adversarial proceedings, we know little about the implementation of VISs in inquisitorial systems. We address t…
Victim Impact Statements and Sentencing Homicide Offenders
The use of victim impact statements (‘VISs’) from family victims in homicide matters, particularly as evidence of aggravating factors, is contentious in NSW courts. Until July 2014, the law prevented VISs influencing penalties imposed on homicide offenders (Previtera). However, the Crimes (Sentencing Procedure) Act 1999 was amended in 2014 in order to overrule Previtera and enable VISs to ‘count’ in sentencing homicide offenders. This article dra…
Family Violence and Judicial Empathy
Enquiries and research reveal that many victims of family violence who are personally cross-examined by the alleged perpetrator of that violence in family law proceedings find the process traumatising and intimidating. Not only can such processes generate unsafe and unfair outcomes but also they are unlikely to produce the high quality evidence required by the court. In deference to the emotional wellbeing and vulnerability of these victims, a nu…
Victim participation rights
Political and social pressures to redress the
Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom
Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions…
Professional Emotions in Court
Political science (15 works) · Law (14 works) · Psychology (13 works) · Law (12 works) · Sociology (11 works) · Criminology (10 works) · Criminal Justice and Corrections Analysis (8 works) · Poison control (5 works) · Crime Patterns and Interventions (4 works) · Project commissioning (4 works)