Luke Mcnamara
Dados Biográficos
| ID | 3846358 |
|---|---|
| NOME | Luke Mcnamara |
| PRENOMES | Luke |
| SOBRENOME | Mcnamara |
| ASSINATURA | MCNAMARA L |
| AFILIAÇÕES | UNSW Sydney |
| ORCID | 0000-0002-8479-6469 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 25 |
| TOTAL DE CITAÇÕES | 44 |
| TOTAL COMO AUTOR | 25 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1994 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 4 |
Post-sentence supervision orders in Australia
New generation post-sentence preventive detention and supervision regimes recently enacted in Australia are a hybrid of civil and penal law elements. The laws allow for the correctional supervision, in prison or the community, of certain offenders deemed serious or high-risk at completion of their sentences – what amounts to an exceptional expansion of penal power beyond conventional notions of punishment and justified in the interest of communit…
Obituary
Perfecting’ the criminal law definition of sexual consent
Text messages and social media posts as evidence in rape trials
Records of mobile phone text messages and social media posts and messages have become a ubiquitous feature of the evidence that is admitted in rape trials in Australia. Messages sent by complainants – to the accused and to other people – attract particular scrutiny during cross-examination. In this article we consider whether the deployment of digital communications evidence is impeding the long-term effort to transform rape trials and decrease t…
Back Off! Stop Making US Illegal
In Australia, vagrancy and public order laws have been used to criminalise homelessness since colonisation. Such laws have never provided an effective deterrent against ‘offending’ because most crimes committed by homeless people are survival-related or otherwise associated with their homeless status. It is generally agreed that a welfare-oriented rather than a punitive approach is needed if these ‘crimes’ are to be prevented, however the perspec…
Hyper-policing the Homeless
Drawing on interviews with 164 people experiencing homelessness across Australia, this article discusses the concept of hyper-policing to account for excessive police interventions. Hyper-policing is exhibited in the sheer numbers of police apprehensions of people experiencing homelessness (quantitative aspect) and the extreme use of force (qualitative aspect). By deploying Wacquant’s (Daedalus 139(3):74–90, 2010) notion of hyper-incarceration in…
Differences in accounts and the ‘lying’ complainant
Intoxication Evidence in Rape Trials in the Country Court of Victoria
Although long associated with incidents of sexual violence, evidence of alcohol and/or other drug (‘AOD’) consumption and intoxication continues to present challenges for the enforcement of rape laws and justice for victim-survivors. This article reports on the findings of a transcript analysis of 33 Victorian rape trials involving evidence of complainant and/or defendant intoxication. Statutory provisions designed to break the culturally-assumed…
The most persistent rape myth? A qualitative study of ‘delay’ in complaint in Victorian rape trials
One of the oldest myths to confound the achievement of justice for victims of sexual violence is that ‘genuine’ rape victims complain immediately, loudly and officially. Dismantling this myth—or at least banishing it from the court room—has been a high priority of the modern era of rape/sexual assault law reform. How successful has this attempt been? This article reports on the initial findings of a transcript analysis study of more than 30 rape …
Medicinal cannabis and driving
We conclude that in medical-only access models there is little evidence to justify the differential treatment of medicinal cannabis patients, compared with those taking other prescription medications with potentially impairing effects
The factors associated with the policing of offensive language
This article makes an original contribution to scholarship and the ongoing debate about the merits (or otherwise) of retaining the crime of offensive language in New South Wales – and equivalent offences around Australia. We present and discuss the findings of a qualitative study of how police utilised s 4A of the Summary Offences Act 1988 (NSW) in three Sydney Local Area Commands during 2016. We identify the factors most commonly associated with…
Criminalising protest through the expansion of police ‘move-on’ powers
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
The significance of ‘intoxication’ in Australian criminal law
This study explores how the state of ‘intoxication’ from the consumption of alcohol or other drugs is treated by the criminal justice system in Australia. The authors analysed more than 500 statutory provisions which attach significance to a person’s ‘intoxication’ for a variety of purposes, and 327 appellate court decisions handed down in Australia between 2010 and 2014 in which the court considered evidence that the accused, the victim or a wit…
High Court Constitutional Challenges to Criminal Law and Procedure Legislation in Australia
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitutional challenges in the courts as a strategy for influencing the nature and scope of criminal laws in Australia. This article makes a contribution to filling this gap by analysing 59 High Court of Australia decisions handed down between 1996 and 2016. Our analysis highlights the sorts of criminal laws that have been the subject of constitutional s…
Justice Reinvestment
In summary, the book describes: how the concept of justice reinvestment developed and how its usage differs between countries; what a place-based approach means and why the Australian model is so unique in its approach; how measuring outcomes, as always, is fraught with complexities, but how the approach used is also such an important determinant of understanding what does and doesn’t work; and how marginalised and socially disadvantaged groups —…
Evidencing the harms of hate speech
The ways in which targeted communities experience hate speech is an important, but often neglected, component of the debate over the legitimacy of hate speech laws. This article reports on data drawn from interviews conducted with 101 members of Indigenous and minority ethnic communities in Australia regarding their experiences of hate speech. We give voice to targets’ experiences of face-to-face and more widely broadcast hate speech, and outline…
Institutional Influences on the Parameters of Criminalisation
Within criminalisation scholarship, there has been little engagement with the work of ‘real-world’ mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales (‘NSW’) Legislation Review Committee's findings and recommendations in relation to all criminal law bills during the period 2010–12 and assesses the impact of the Committee's recommen…
The Effects of Civil Hate Speech Laws
This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create "martyrs." We find the laws provide a limited remedy in the complaints mechanisms, provide a framework for direct communit…
Changes in the expression of prejudice in public discourse in Australia
This article seeks to fill a gap in the literature on empirical research into the experiences of countries with hate speech laws. We report on the results of a qualitative document analysis of letters to the editor published between 1992 and 2010 in Australia, a country with 25 years of experience of civil hate speech laws. The analysis demonstrates the tension between publishing views of members of the public and remaining within the confines of…
Turning the Spotlight on ‘Offensiveness' as a Basis for Criminal Liability
Offensiveness as a basis for legal liability in Australia is not new, but it was the subject of unprecedented scrutiny in the wake of the release of the former Labor government’s Human Rights and Anti-Discrimination Bill in November 2012. But if the 2012 Bill generated such anxiety because it contemplated treating offensive comments as a form of discrimination and therefore a civil wrong, why is there not even greater anxiety about the presence o…
Public Interest Litigation
Public interest litigation: making the case in Australia Litigation is widely and appropriately recognised as an important component of the public interest advocacy 'toolkit'. Yet, little attention has been paid in Australian research and scholarship to an important question: under what circumstances is public interest litigation (PIL) an effective way to bring about progressive social change? Informed by a review of the international literature …
Freedom of speech and racial vilification in Australia
This article examines the public discourse that emerged in the aftermath of the 2011 decision of the Federal Court of Australia in Eatock v Bolt. We characterise the narrative of ‘the Bolt case’ as a ‘mobilising discourse’ that countered rather than echoed the decision itself. This discourse had three main messages: encouraging scepticism about the authenticity of fair-skinned Aboriginal persons and judgment by non-Aboriginal persons about the le…
Research Report
In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints hand…
Criminalising Racial Hatred
Evidencing the harms of hate speech
The ways in which targeted communities experience hate speech is an important, but often neglected, component of the debate over the legitimacy of hate speech laws. This article reports on data drawn from interviews conducted with 101 members of Indigenous and minority ethnic communities in Australia regarding their experiences of hate speech. We give voice to targets’ experiences of face-to-face and more widely broadcast hate speech, and outline…
Freedom of speech and racial vilification in Australia
This article examines the public discourse that emerged in the aftermath of the 2011 decision of the Federal Court of Australia in Eatock v Bolt. We characterise the narrative of ‘the Bolt case’ as a ‘mobilising discourse’ that countered rather than echoed the decision itself. This discourse had three main messages: encouraging scepticism about the authenticity of fair-skinned Aboriginal persons and judgment by non-Aboriginal persons about the le…
The Effects of Civil Hate Speech Laws
This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create "martyrs." We find the laws provide a limited remedy in the complaints mechanisms, provide a framework for direct communit…
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Changes in the expression of prejudice in public discourse in Australia
This article seeks to fill a gap in the literature on empirical research into the experiences of countries with hate speech laws. We report on the results of a qualitative document analysis of letters to the editor published between 1992 and 2010 in Australia, a country with 25 years of experience of civil hate speech laws. The analysis demonstrates the tension between publishing views of members of the public and remaining within the confines of…
Public Interest Litigation
Public interest litigation: making the case in Australia Litigation is widely and appropriately recognised as an important component of the public interest advocacy 'toolkit'. Yet, little attention has been paid in Australian research and scholarship to an important question: under what circumstances is public interest litigation (PIL) an effective way to bring about progressive social change? Informed by a review of the international literature …
Back Off! Stop Making US Illegal
In Australia, vagrancy and public order laws have been used to criminalise homelessness since colonisation. Such laws have never provided an effective deterrent against ‘offending’ because most crimes committed by homeless people are survival-related or otherwise associated with their homeless status. It is generally agreed that a welfare-oriented rather than a punitive approach is needed if these ‘crimes’ are to be prevented, however the perspec…
Intoxication Evidence in Rape Trials in the Country Court of Victoria
Although long associated with incidents of sexual violence, evidence of alcohol and/or other drug (‘AOD’) consumption and intoxication continues to present challenges for the enforcement of rape laws and justice for victim-survivors. This article reports on the findings of a transcript analysis of 33 Victorian rape trials involving evidence of complainant and/or defendant intoxication. Statutory provisions designed to break the culturally-assumed…
Criminalising protest through the expansion of police ‘move-on’ powers
High Court Constitutional Challenges to Criminal Law and Procedure Legislation in Australia
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitutional challenges in the courts as a strategy for influencing the nature and scope of criminal laws in Australia. This article makes a contribution to filling this gap by analysing 59 High Court of Australia decisions handed down between 1996 and 2016. Our analysis highlights the sorts of criminal laws that have been the subject of constitutional s…
Research Report
In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints hand…
Criminalising Racial Hatred
Research Report
In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints hand…
Public Interest Litigation
Public interest litigation: making the case in Australia Litigation is widely and appropriately recognised as an important component of the public interest advocacy 'toolkit'. Yet, little attention has been paid in Australian research and scholarship to an important question: under what circumstances is public interest litigation (PIL) an effective way to bring about progressive social change? Informed by a review of the international literature …
Freedom of speech and racial vilification in Australia
This article examines the public discourse that emerged in the aftermath of the 2011 decision of the Federal Court of Australia in Eatock v Bolt. We characterise the narrative of ‘the Bolt case’ as a ‘mobilising discourse’ that countered rather than echoed the decision itself. This discourse had three main messages: encouraging scepticism about the authenticity of fair-skinned Aboriginal persons and judgment by non-Aboriginal persons about the le…
Changes in the expression of prejudice in public discourse in Australia
This article seeks to fill a gap in the literature on empirical research into the experiences of countries with hate speech laws. We report on the results of a qualitative document analysis of letters to the editor published between 1992 and 2010 in Australia, a country with 25 years of experience of civil hate speech laws. The analysis demonstrates the tension between publishing views of members of the public and remaining within the confines of…
Turning the Spotlight on ‘Offensiveness' as a Basis for Criminal Liability
Offensiveness as a basis for legal liability in Australia is not new, but it was the subject of unprecedented scrutiny in the wake of the release of the former Labor government’s Human Rights and Anti-Discrimination Bill in November 2012. But if the 2012 Bill generated such anxiety because it contemplated treating offensive comments as a form of discrimination and therefore a civil wrong, why is there not even greater anxiety about the presence o…
Institutional Influences on the Parameters of Criminalisation
Within criminalisation scholarship, there has been little engagement with the work of ‘real-world’ mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales (‘NSW’) Legislation Review Committee's findings and recommendations in relation to all criminal law bills during the period 2010–12 and assesses the impact of the Committee's recommen…
The Effects of Civil Hate Speech Laws
This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create "martyrs." We find the laws provide a limited remedy in the complaints mechanisms, provide a framework for direct communit…
Justice Reinvestment
In summary, the book describes: how the concept of justice reinvestment developed and how its usage differs between countries; what a place-based approach means and why the Australian model is so unique in its approach; how measuring outcomes, as always, is fraught with complexities, but how the approach used is also such an important determinant of understanding what does and doesn’t work; and how marginalised and socially disadvantaged groups —…
Evidencing the harms of hate speech
The ways in which targeted communities experience hate speech is an important, but often neglected, component of the debate over the legitimacy of hate speech laws. This article reports on data drawn from interviews conducted with 101 members of Indigenous and minority ethnic communities in Australia regarding their experiences of hate speech. We give voice to targets’ experiences of face-to-face and more widely broadcast hate speech, and outline…
The significance of ‘intoxication’ in Australian criminal law
This study explores how the state of ‘intoxication’ from the consumption of alcohol or other drugs is treated by the criminal justice system in Australia. The authors analysed more than 500 statutory provisions which attach significance to a person’s ‘intoxication’ for a variety of purposes, and 327 appellate court decisions handed down in Australia between 2010 and 2014 in which the court considered evidence that the accused, the victim or a wit…
High Court Constitutional Challenges to Criminal Law and Procedure Legislation in Australia
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitutional challenges in the courts as a strategy for influencing the nature and scope of criminal laws in Australia. This article makes a contribution to filling this gap by analysing 59 High Court of Australia decisions handed down between 1996 and 2016. Our analysis highlights the sorts of criminal laws that have been the subject of constitutional s…
The factors associated with the policing of offensive language
This article makes an original contribution to scholarship and the ongoing debate about the merits (or otherwise) of retaining the crime of offensive language in New South Wales – and equivalent offences around Australia. We present and discuss the findings of a qualitative study of how police utilised s 4A of the Summary Offences Act 1988 (NSW) in three Sydney Local Area Commands during 2016. We identify the factors most commonly associated with…
Criminalising protest through the expansion of police ‘move-on’ powers
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Medicinal cannabis and driving
We conclude that in medical-only access models there is little evidence to justify the differential treatment of medicinal cannabis patients, compared with those taking other prescription medications with potentially impairing effects
The most persistent rape myth? A qualitative study of ‘delay’ in complaint in Victorian rape trials
One of the oldest myths to confound the achievement of justice for victims of sexual violence is that ‘genuine’ rape victims complain immediately, loudly and officially. Dismantling this myth—or at least banishing it from the court room—has been a high priority of the modern era of rape/sexual assault law reform. How successful has this attempt been? This article reports on the initial findings of a transcript analysis study of more than 30 rape …
Differences in accounts and the ‘lying’ complainant
Intoxication Evidence in Rape Trials in the Country Court of Victoria
Although long associated with incidents of sexual violence, evidence of alcohol and/or other drug (‘AOD’) consumption and intoxication continues to present challenges for the enforcement of rape laws and justice for victim-survivors. This article reports on the findings of a transcript analysis of 33 Victorian rape trials involving evidence of complainant and/or defendant intoxication. Statutory provisions designed to break the culturally-assumed…
Back Off! Stop Making US Illegal
In Australia, vagrancy and public order laws have been used to criminalise homelessness since colonisation. Such laws have never provided an effective deterrent against ‘offending’ because most crimes committed by homeless people are survival-related or otherwise associated with their homeless status. It is generally agreed that a welfare-oriented rather than a punitive approach is needed if these ‘crimes’ are to be prevented, however the perspec…
Hyper-policing the Homeless
Drawing on interviews with 164 people experiencing homelessness across Australia, this article discusses the concept of hyper-policing to account for excessive police interventions. Hyper-policing is exhibited in the sheer numbers of police apprehensions of people experiencing homelessness (quantitative aspect) and the extreme use of force (qualitative aspect). By deploying Wacquant’s (Daedalus 139(3):74–90, 2010) notion of hyper-incarceration in…
Post-sentence supervision orders in Australia
New generation post-sentence preventive detention and supervision regimes recently enacted in Australia are a hybrid of civil and penal law elements. The laws allow for the correctional supervision, in prison or the community, of certain offenders deemed serious or high-risk at completion of their sentences – what amounts to an exceptional expansion of penal power beyond conventional notions of punishment and justified in the interest of communit…
Obituary
Perfecting’ the criminal law definition of sexual consent
Text messages and social media posts as evidence in rape trials
Records of mobile phone text messages and social media posts and messages have become a ubiquitous feature of the evidence that is admitted in rape trials in Australia. Messages sent by complainants – to the accused and to other people – attract particular scrutiny during cross-examination. In this article we consider whether the deployment of digital communications evidence is impeding the long-term effort to transform rape trials and decrease t…
Law (20 obras) · Political science (20 obras) · Law (18 obras) · Criminology (12 obras) · Criminal Justice and Corrections Analysis (10 obras) · Psychology (10 obras) · Sociology (10 obras) · Criminal law (8 obras) · Hate Speech and Cyberbullying Detection (8 obras) · Publishing (7 obras)