Collateral Consequences and the Perils of Categorical Ambiguity

Ewald, Alec C.

doi:10.11126/stanford/9780804771702.003.0004

Cited by 24 publications

(9 citation statements)

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“…Such a contradiction perhaps reflects confusion about the wider purpose of banning and presumptions about its effectiveness (it is noted that, to date, there has been limited research examining the effectiveness of police banning in Australia . It is also indicative of a broader issue, whereby the consequences of policies which are framed as preventive and not deemed to constitute a criminal punishment can be trivialised . The passage of Victoria's police banning provisions epitomise the perspective that if a policy or practice is not ‘really’ punishment, then there is nothing wrong with it .…”

Section: Resultsmentioning

confidence: 99%

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Should Australia's police‐imposed public area banning powers be subject to independent oversight and review?

Farmer

2019

Drug and Alcohol Review

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Introduction and Aims Jurisdictions across Australia have implemented policies to tackle problems associated with alcohol consumption in and around licensed premises. Patron banning is one measure which has become increasingly popular. Discretionary police‐imposed bans can exclude recipients from expansive public areas for extended periods of time. Concern has been expressed regarding the potential for bans to be imposed inappropriately or unfairly and their capacity to undermine due process. This article examines an aspect of police‐imposed banning that has received little attention, the general absence of options for independent or judicial review of the imposition of a ban. Design and Methods Semi‐structured interviews were conducted with Magistrates in Victoria. Key themes are examined with reference to Victoria's published police banning data, parliamentary debates and other relevant literature. Results The findings draw attention to issues of procedural fairness, the risk of misuse and consequential effects for police legitimacy arising from the operation of discretionary police‐imposed bans. Discussion and Conclusions The Victorian Parliament dismissed the option of an independent post‐hoc appeal process for police‐imposed bans. The discretionary nature of police bans, the absence of meaningful oversight and the attendant potential for their misuse point to the need for the legislation covering police bans to be revised to introduce an independent process of review. This issue extends beyond Victoria, as six of the eight Australian jurisdictions do not permit any independent review of a police decision to impose a public area ban.

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Section: Resultsmentioning

confidence: 99%

“…It is acknowledged that some of the findings could be further explored in relation to other constructs, such as territoriality and legal geography , sociophilosophical notions of ‘them’/‘us’ or ‘means’/‘ends’ or a broader critique of the principle of judicial review . Their exclusion is due only to limitations of space.…”

Section: Resultsmentioning

confidence: 99%

Should Australia's police‐imposed public area banning powers be subject to independent oversight and review?

Farmer

2019

Drug and Alcohol Review

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“…In contrast to the pre-1980s period, CCs of convictions started to grow rapidly in number and scope (Olivares, Burton, & Cullen, 1996). Civil disabilities and restrictions imposed on ex-offenders came to represent a "hidden" yet highly effective device of exclusion for persons deemed dangerous and/or unworthy for their criminal past (Ewald, 2011).…”

Section: The New Rise Of Collateral Consequencesmentioning

confidence: 99%

The Collateral Consequence Conundrum: Comparative Genealogy, Current Trends, and Future Scenarios

Corda¹

2018

After Imprisonment

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Emerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online products and additional customer resources and services. Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation.

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“…A significant body of literature has examined exclusion and the policing of space across a variety of criminal justice contexts (e.g. Beckett and Herbert, 2010;Ewald, 2011;Garland, 2001;MacDonald, 1997). However, the merits of exclusion as a way to manage behaviour are debatable.…”

Section: Responses To Alcohol-related Disorder In the Ntementioning

confidence: 99%

The steady proliferation of Australia’s discretionary police-imposed patron banning powers: An unsubstantiated cycle of assertion and presumption

Farmer

Curtis

2017

Criminology & Criminal Justice

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Patron banning in Australia embodies a range of exclusionary measures in response to alcoholrelated disorder. Patrons can be banned from licensed venues, entertainment precincts or wider public areas. Banning mechanisms remove and exclude troublesome individuals and are presumed to deter them, and others, from engaging in further problematic behaviour. The use of exclusion reflects key assumptions in relation to alcohol-related disorderly behaviour and effective management of risks to which it may give rise. However, the rationale underpinning much of the banning-related legislative and operational policing developments reflects largely unsubstantiated assertions of need and effect. Despite the steady expansion of banning powers across Australian jurisdictions there is limited oversight of their use. This article examines the expansion of police-imposed banning powers. Their discretionary, on-the-spot and permissible pre-emptive imposition has potential consequences that extend beyond the management of alcohol-related issues. Yet their use and effect has been subject to little scrutiny.

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Collateral Consequences and the Perils of Categorical Ambiguity

Cited by 24 publications

References 0 publications

Should Australia's police‐imposed public area banning powers be subject to independent oversight and review?

Should Australia's police‐imposed public area banning powers be subject to independent oversight and review?

The Collateral Consequence Conundrum: Comparative Genealogy, Current Trends, and Future Scenarios

The steady proliferation of Australia’s discretionary police-imposed patron banning powers: An unsubstantiated cycle of assertion and presumption

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