Criminalisation and Criminal Responsibility in Australia

Thomas Crofts is Associate Professor at Sydney Law School, University of SydneyArlie Loughnan is Associate Professor at Sydney Law School, University of Sydney

"This impressive book adds wonderfully to the growing number of scholarly works on current Australian criminal justice practice. It brings together in one volume the most up to date research on criminalisation and criminal responsibility from a range of social, cultural and political perspectives. Policy-makers concerned with shaping the future of Australian criminal law well into the 21st century will need this book on their shelves."Rick Sarre, Professor in the School of Law at University of South Australia and President of the Australian and New Zealand Society of Criminology"Thomas Crofts and Arlie Loughnan have brought together a group of both established and next wave criminal law scholars to explore two main questions: when should the state use the criminal law to regulate behaviour and who should be held accountable for criminal actions? This collection provides much needed contextual and/or historical perspectives on offences that are under-explored such as public order crimes, summary offences and the possession and use of cannabis as well as new technology-related offences including sexting, complicity in cyberspace, webcam child sex tourism and using mobile devices while driving. It is a must-read for all those interested in theories and policies of criminalisation and criminal responsibility."Bernadette McSherry, Foundation Director, Melbourne Social Equity Institute and Adjunct Professor of Law, Melbourne Law School, University of Melbourne; Adjunct Professor of Law, Monash University.

• 1. Introduction - Thomas Crofts and Arlie Loughnan2. Constituting Physical and Fault Elements: A NSW Case Study - David Brown3. Criminalisation research in Australia: Building a foundation for normative theorising and principled law reform - Luke McNamara4. Criminalisation, the development of the summary jurisdiction and Aboriginal people - Tanya Mitchell5. Criminalisation and Drugs: What Should We Do About Cannabis? - Melanie Schwartz6. Assault Causing Death Crimes as a Response to 'One Punch' and 'Alcohol Fuelled' Violence: A Critical Examination of Australian Laws - Julia Quilter7. Criminalisation and Young People: How Should the Law Respond to Sexting? - Thomas Crofts8. Criminalisation and Technology: What's the Harm of Using Mobile Phones While Driving - Alex Steele9. Complicity in Cyberspace: Applying doctrines of accessorial liability to online groups - Gregor Urbas10. In accordance with modern notions': Criminal Responsibility at the turn of the Twentieth Century - Arlie Loughnan11. Criminal Responsibility and Family Violence: The Relationship between (Feminist) Academic Critique and Judicial Decision-making - Heather Douglas12. Criminal responsibility and Objective Fault Requirements: A Feminist Assessment of Reasonableness in Self-defence - Stella Tarrant13. Home invasion, excessive force and self-defence in The Walking Dead - Penny Crofts14. The criminal law and nineteenth-century treatment of Aboriginal human remains - Stephen Gray15. Proof of serial child sexual abuse: Case-law developments and recidivism data - David Hamer16. Pre-Crime control measures: anti-association law - Andrew Dyer17. The Policing of Immigration: Raids, Citizenship and the Criminal Law - Louise Boon-Kuo18. Contemporary Challenges for the Delivery of International Criminal Justice: Where to the ICC - Mark Findlay