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_c7705 _d7705 |
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008 | 220713s2022 ||||| |||| 00| 0 eng d | ||
040 | _aAFVC | ||
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_aMcLachlan, Katherine J. _911040 |
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_aTrauma-informed sentencing in South Australian courts _cKatherine J. McLachlan |
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_bSage, _c2022 |
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500 | _aJournal of Criminology, 2022, First published online, 7 July 2022 | ||
520 | _aRecently the concepts of ‘compassionate courts’, ‘humane justice’, ‘kindness in court’, and trauma-informed practice have emerged in legal theory and practice in the US, England, Scotland and Australia. This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma in sentencing. Trauma-informed sentencing practice requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to resist re-traumatisation. By using this ‘4Rs’ framework to analyse sentencing remarks of 448 defendants published in 2019, the presence of trauma-informed practice was explored. Analysis indicated that judges realised trauma was present in the lives of many defendants, particularly women and Aboriginal peoples, but did not always overtly recognise a link between trauma and criminal behaviour and were unlikely to refer to a defendant’s trauma history or use trauma-informed principles of practice in their sentencing response. Research findings were presented to judicial officers at a Judicial Development Day in 2021. The article reflects on those discussions as well as the primary research, when making recommendations for future sentencing practice primary for the judiciary, but also for legislators and legal practitioners.(Author's abstract). Record #7705 | ||
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_974 _aABORIGINAL & TORRES STRAIT ISLANDER PEOPLES |
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_aCRIMINAL JUSTICE _9167 |
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_aSENTENCING _94166 |
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_aTRAUMA _9612 |
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_aWOMEN _9645 |
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_aINTERNATIONAL _93624 |
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651 | 4 |
_aAUSTRALIA _92597 |
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_aSOUTH AUSTRALIA _93495 |
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773 | 0 | _tJournal of Criminology, 2022, First published online, 7 July 2022 | |
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_aJournal of Criminology _99949 |
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_uhttps://doi.org/10.1177/26338076221113073 _zDOI: 10.1177/26338076221113073 |
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_2ddc _cARTICLE _hnews112 |