Journal articles: 'Criminal justice, Administration of – Queensland – History' – Grafiati (2024)

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In his inaugural lecture as Downing Professor of the Laws of England at the University of Cambridge, delivered in October 1888, Frederic Maitland offered a set of provocative and now familiar reflections on “Why the history of English law is not written.” According to Maitland, although English archives possessed “a series of records which for continuity, catholicity, minute detail[,] and authoritative value” had “no equal…in the world,” the “unmanageable bulk” of these sources had “overburdened” aspiring historians of English law. As a result, “large provinces” of English legal history remained to be “reclaimed from the waste.” With few willing to undertake such reclamation efforts, the historiography of English law remained as bleak and barren as the bogs from which Maitland's Cambridgeshire had itself only reluctantly emerged.

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Throughout the mofussil of the Bombay Presidency British judges and magistrates called upon panchayats, that is, caste or village councils, to help them administer justice. By the mid-nineteenth century, panchayats were being deployed by British justices not only to offer their advice to judges attempting to decide a case, but much more frequently to investigate crimes, including murder, assault, robbery, arson, forgery, rape, and property disputes. Moreover, the active participation of the panchayat in the administration of criminal law varied as much in form as in function. In different scenarios, the panchayat functioned as a coroner's court, a criminal investigation team, and a general witnessing agent for the courts. With very few exceptions, they almost always appear in a supporting role on the prosecution side of any case offering their opinions on the crime in question in written form. Judges, for their part, appear to have relied quite heavily upon these recommendations and there are very few instances in which the panchayat's opinions were either ignored or rejected. There thus developed a hybrid system of justice whereby judges and magistrates adapted, transformed, and incorporated the expertise and knowledge of the ‘customary’ panchayat to suit the needs of British governance and legal administration.

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Vishnugupta Chanakya Kautilya wrote a treatise called The Arthashastra, which means “science of wealth.” It contains three parts, which deal with issues related to economic development, administration of justice, and foreign relations. It has 150 chapters, which are distributed into fifteen books. Book three, which has twenty chapters and book four, which has thirteen chapters, are devoted to the administration of justice. Kautilya's Judicial System called “Dandaniti,” “the science of law enforcement” is an important part of The Arthashastra. Kautilya codified, modified, and created new laws related to: loans, deposits, pledges, mortgages etc., sale and purchase of property, inheritance and partition of ancestral property, labor contracts, partnership, defamation and assault, theft and violent robbery, and sexual offenses. He dealt with law and justice issues relating to both the civil law and the criminal law. He offered a truly comprehensive system of justice, which not only incorporated all the salient elements of a twenty-first century system but also contained a few additional invaluable insights.

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One of the most exciting and influential areas of research in eighteenth-century history over the last fifteen years has been the study of crime and the criminal law. It is the purpose of this essay to map the subject for the interested nonspecialist: to ask why historians have chosen to study it, to explain how they have come to approach it in particular ways, to describe something of what they have found, to evaluate those findings, and to suggest fruitful directions for further research. Like all maps, the one presented here is selective. The essay begins with a general analysis of the ways in which the field has developed and changed in its short life. It then proceeds to consider in more detail four areas of study: criminality, the criminal trial, punishment, and criminal legislation. This selection makes no pretense of providing an exhaustive coverage. A number of important areas have been omitted: for example, public order and policing. However, the areas covered illustrate the range of approaches, problems, and possibilities that lie within the field. The essay concludes with a discussion of the broader implications of the subject.The Development of the FieldBefore the 1960s crime was not treated seriously by eighteenth-century historians. Accounts of crime and the criminal law rarely extended beyond a few brief remarks on lawlessness, the Bloody Code, and the state of the prisons, often culled from Fielding, Hogarth, and Howard. There were exceptions, but they fell outside the mainstream of eighteenth-century history. The multiple volumes of Leon Radzinowicz's monumental History of the English Criminal Law and Its Administration from 1750 began to appear in 1948, but Radzinowicz worked in the Cambridge Law Faculty and the Institute of Criminology, and, as Derek Beales has pointed out, his findings were not quickly assimilated by historians.

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The 1989 Fitzgerald Report into police and governmental corruption in Queensland has been a model for public sector reform in Australia. It is especially timely to consider the impact of those reforms in light of the current overhaul of the largest police agency in Australia, the New South Wales Police Service, and of continuing problems with public sector probity in other states. Queensland made significant advances in improving electoral and administrative processes, and creating external independent oversight of the police. Nonetheless, unforeseen gaps in the Fitzgerald agenda allowed reactionary forces to dilute the reform process. Three primary areas remain ‘unreconstructed’. Reform has not been firmly established from the top down, beginning with progressing the system of representative democracy and opening up cabinet. Additionally, the Police Service appears to have successfully resisted the prescribed re-orientation away from law enforcement to community policing. Detection and control of misconduct also remain weak. A more interventionist Criminal Justice Commission is needed, with more proactive strategies for developing compliance with ethical standards.

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Objective: The relationship between psychosis and contact with the criminal justice system for Indigenous people living in rural and remote areas is not well understood. In this study, the authors examine patterns of incarceration among Indigenous people living with psychosis in Cape York and the Torres Strait over two decades. Methods: Data were collated from a clinical database of complete psychiatric records from 1992 to 2015, extracted for all Indigenous patients with a psychotic disorder from the Remote Area Mental Health Service, and linked to the Queensland Corrections Service database. Descriptive statistics were calculated to compare characteristics between those incarcerated and those not incarcerated during the study period and to quantify patterns of incarceration including types of offences, time spent in custody and frequency of incarceration. Multivariate Cox regression analysis was used to assess associations between reported variables and ‘first incarceration’. Results: Forty-five percent of Aboriginal patients ( n = 116) were incarcerated compared with 31% of Torres Strait Islanders ( n = 41) ( p = 0.008), and the proportion of males incarcerated (51%, n = 141) was approximately twice that of females (24%, n = 35; p = 0.001). A cluster of first incarcerations were observed in close time proximity to diagnosis of psychosis. Individuals who had a history of both alcohol and cannabis use had approximately two times higher risk of being incarcerated following positive diagnosis compared to those without a history of substance use (hazard ratio = 1.85; 95% confidence interval: [1.08, 3.17]; p = 0.028). Males accounted for approximately 85% ( n = 328) of sentences. The most common most serious offence was causing physical harm to others (assault – n = 122, 31%). Conclusion: Our study found that for Aboriginal and Torres Strait Islander people with a psychotic disorder in North Queensland, criminal justice responses with resultant incarceration occurs frequently. Access to appropriate mental health services and diversion options for Indigenous Australians with psychosis should be a key public health and justice priority.

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A session of the north circuit held at Perth on 20 May 1709 marked a turning point in the prosecution of sexual crimes in Scotland and a significant change in the administration of Scottish criminal justice. By pardoning more than 300 men and women charged with fornication and adultery, the court brought about the de facto decriminalisation of those crimes in the Scottish secular courts. An incest trial held before the court the same day revealed difficulties in the prosecution of this crime and challenged prevailing male and clerical attitudes towards rape. The proceedings of the court also demonstrated the growing reluctance of Scottish advocates to appeal to biblical authority in criminal prosecutions. The legal developments at Perth were made possible by a bill of indemnity passed by the British parliament in 1708, the abolition of the Scottish privy council in the same year, and the establishment of a comprehensive circuit court system in Scotland.

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In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

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It is felt that men are henceforth to be held together by new ties, and separated by new barriere; for the ancient bonds will now no longer unite, nor the ancient boundaries confine. [J. S. Mill, “The Spirit of the Age” (1831)]I“The punishment of death shocks every mind to which it is vividly presented,” wrote Edward Gibbon Wakefield in 1832. It “overturns the most settled notions of right and wrong.” H. G. Bennet announced in Parliament in 1820 that he thought an execution “weakened the moral taste or sensibility of the people.” Such high-minded but platitudinous phrases frequently recurred in the early nineteenth-century debate over the criminal law, though historians have had a difficult time knowing what to make of them. Yet for all their vagueness such expressions do reveal a sensibility whose outline we can trace and whose influence we can measure. In drawing a connection between feeling and morality Wakefield appealed to social assumptions and values that were popular among humanitarians. Criminal law reformers proposed a new and exacting standard for the administration of justice: “Punishment,” argued James Scarlett, “ought to be consonant to the feelings and sympathies of mankind; and … those feelings ought to be enlisted on the side of the administration of justice.” They argued that the heavy reliance on the death penalty was a mistaken policy. The gallows aroused dangerous passions that signaled the existence of intractable social antagonism. They opposed such a spectacle with reforms that aimed at the promotion of a social union founded on shared feeling.

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ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.

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This study aimed to characterize lifetime criminal involvement among homeless people with mental illness in Canada ( N = 1,682). A latent profile analysis yielded five classes. Most participants fell within the Fewer Needs (75.5%) group, characterized by less complex psychosocial histories and few criminal charges. Participants with Extensive Criminogenic Needs (5.0%) and Acute and Extensive Criminogenic Needs (5.0%) had more charges for justice administration, violent, and mischief/public order offenses and were more likely to have been charged before their first homelessness episode. Participants with Needs Associated with Homelessness (10.6%) and Needs Associated with Drugs (3.8%) were similar, although the former had the longest history of homelessness and the latter had more drug-related charges and were most likely to have drug use disorder. This typology, which sheds light on the cumulative needs associated with different patterns of lifetime criminal involvement among homeless people with mental illness, could guide prevention initiatives and intervention strategies.

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Restorative justice (RJ), which is a concept of criminal justice focused on the needs of victims and the community affected by the criminal act rather than on the punishment of the offender, is becoming an integral part of criminal justice in many developed Western countries. Russia, however, is just taking the first steps in the development of restorative justice with the focus on mediation for juvenile delinquents. Using the theory of the (de)civilization process by N. Elias, the authors suggest that a weak state, characterized not so much by inefficient economy as by underdeveloped social institutes, could be an obstacle for a more active use of RJ in Russia. Specifically, the authors claim that corruption undermining the legitimacy of public administration, a lack of trust in law enforcement, suppression of small business and hatred towards some groups of people all strengthen punitive sentiments that contradict the principles of RJ. A comparative criminological analysis of RJ in Canada and Germany reveals the unique history of its emergence and use in these countries in comparison with Russia. As for Germany, the moments of de-civilization in this country in the first half of the 20th century and in the recent years (connected with the uncontrolled influx of migrants) are slowing down the development of RJ. The absence of any significant social upheavals in Canada could explain a strong support for RJ among the local population and a comparatively successful integration of its principles in traditional Canadian criminal justice. In conclusion, the authors debunk some myths regarding RJ, which could constrain its implementation in these countries. In particular, the authors argue, that the traditional paradigm of punishment should not be abolished, but could be supplemented by the paradigm of reconciliation and restoration.

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What is the quality of justice? As Melcarne and Ramello (2019) have recently pointed out, there is no clear interaction between quality and quantity in understanding or measuring judicial performance. However, the lack of human resources is often blamed for delays in the delivery of decisions (quantity) in most judicial systems - and could in fact mean a violation of the principle of due process. However, the study shows how difficult it is to assess quality, since even quantity (in fact calculable) cannot always be a trustful variable to measure it. In Spain, it is possible to assume that penal judges work more or less the same. Yet, not all judgments have the same quality. The problem is in the District Courts (some of insufficient size) with provincial criminal jurisdiction. They constantly run the risk - and do so - of breaching the principle of judicial impartiality. This does not happen in the Spanish Supreme Court or in the large District Courts. It is a problem in the judicial performance of justice and in the Administration of Justice. Yet, there are no budgetary or even regulatory stimuli to resolve this situation. A situation that implies a breach of the principles of due process and therefore of the fundamental rights of the accused.

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Historian Charles Cutter has analyzed the “non-adversarial nature” of the Spanish legal culture and the manner in which Spanish authorities deployed written law (ley), customary law (derecho), and personal discretion (arbitrio judicial) effectively to achieve justice (equidad), even in peripheral areas of the empire. The primary objective of judicial administration was the resolution of conflict and restoration of harmony within the Spanish community. This paper uses civil and criminal records from second Spanish period Florida (1784-1821) to explore the gendered nature of Spanish legal culture by examining conflict between women and its resolution, as well as the ways in which the community and the court attempted to monitor and correct the “disruptive” behavior of women.

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One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

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This article adds to the growing literature about how the Supreme Court's decisions in the Insular Cases affected the residents of the U.S. territories. It focuses on the territory of Guam, which lacked juries in both criminal and civil trials until 1956–nearly sixty years after the island became a U.S. possession. Residents of Puerto Rico, Hawaii, and the Virgin Islands had limited jury trials, but Guam was left out due to its strategic military significance as well as racialized ideas about the capabilities of Chamorros, the native inhabitants of the island. This article recovers the struggle by Guamanians to gain jury trials. It argues that independence movements, like those in the Philippines and Puerto Rico, were not the only forms of resistance to American empire. Through petitions, court challenges, and other forms of activism, Guamanians pushed for jury trials as a way to assert local agency and engage in participatory democracy. For them, the Insular Cases were not just abstract rulings about whether the Constitution followed the flag; they deeply affected the administration of justice on the ground for ordinary Guamanians.

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AbstractIn general, during the nineteenth century the British were indifferent to the condition of the insane in colonial Burma. This was most apparent in the Rangoon lunatic asylum, which was a neglected institution reformed reluctantly and episodically following internal crises of discipline and the occasional public scandal. However, whilst psychiatry was generally neglected, British officials did intervene when and where insanity threatened the colonial order. This occurred in the criminal courts where the presence of suspected lunatics was disruptive to the administration of justice. Insanity was also a problem for the colonial regime within the European community, where erratic behaviour was viewed as a threat to racial prestige. This paper shows how, despite its neglected status in Burma, psychiatric knowledge contributed to British understandings of Burman masculinity and to the maintenance of colonial norms of European behaviour.

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Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Kowalsky and Healey, I focus on an earlier period (1917–1922) and make extensive use of the under-researched archival collections of Petrograd’s local judicial institutions (People’s Courts), drawing on materials such as investigatory reports and court proceedings. Focusing on a 1919 criminal case from the Central State Archive of St. Petersburg (Tsentral’nyi gosudarstvennyi arkhiv Sankt-Peterburga, TsGA SPb) in particular, this paper argues that in the volatile setting of the early Soviet courtroom 'female criminality' was not a clear-cut concept, but rather a malleable product of intense negotiations that involved all legal actors and centered around the contested notions of female subjectivity, socialist ideology, and the material conditions of living. Employing quasi-theatrical language, I first introduce the protagonists and describe the background of this criminal case. Then, I look at the litigation strategies that the two main female defendants employed and the different ways in which they highlighted the material embeddedness of their emotions. Finally, I examine the expressions of remorse and reflect on their role in sentencing within the wider context of the ongoing Russian Civil War and the early Soviet legal reforms. By viewing 'female criminality' as a product of open-ended negotiations and by re-emphasizing the material conditions of revolutionary Petrograd, the article provides a new perspective on gender, crime and the administration of justice in that turbulent period.

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A distinctive feature of modern Canada is the dualism of its legal system. This means that in the country there are two systems of law - continental (Roman-German) and Anglo-Saxon (precedent). Each of these systems differ in their approaches to the understanding of law and justice implementation. However, the main difference is due to the fact that each of these systems relies on its own sources of law. If the basis of the criminal and private law in general, and the federation of nine provinces in particular is common (case) law of England, in the province of Quebec are used English (basically) criminal law and French civil law in its origin. Historically, this was due to the fact that at the time of the conquest of the colony of New France (now Quebec) in the XVIII century it had a relatively developed legal system, including the system of administration of justice. At the heart of the local sources of law were kutyums of Paris, supplementing ordinances of the French kings. Inclusion of New France in the possession of the English Crown was for the new authorities a precedent - the first time in the history of the British colonial empire it acquired a part of the territory with a Christian population and European law. In fact, the British colonial authorities had to make a choice, which was to determine the vector of further legal development of not only the newly conquered colony, but the whole of British North America. According to the rules of English case law the medieval English monarch (as sovereign) could either admit the law to of its new ownershipin force at the time of the conquest, or introduce there English law in force at the time. In view of the prevailing circ*mstances of the specific historical issue of the replacement of French law (including sources and the administration of justice) in English it turned out to be extremely difficult from the socio-political and a formal legal point of view. This article analyzes the problems encountered during the initial stage of the legal system of the British colony of Quebec and, in particular, of the sources of its territorial law.

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AbstractThe FDR administration waged a war on crime starting in 1933. I argue that this war on crime had three primary effects. First, it created a ratchet effect whereby expanded institutions did not return to previous levels after the campaign ended. Second, it instilled enduring institutional and racial logics into law enforcement in America. By building a state through a war on crime, these leaders constructed a criminal justice system designed to make war. Moreover, they perpetuated the surveillance of Black leaders and eschewed calls from Black organizations demanding protection from widespread racial violence. Third, these political entrepreneurs induced an issue realignment that defined crime policy around a politics of consensus—a consensus that included every major political bloc but Black Americans, who unsuccesfully called on the federal government to hold local police accountable and address racial inequality. This coalition diffused their methods to states and deployed future wars on crime, and the racial logics cemented in the FDR era set the stage for these future wars to be deployed disproportionately against the Black community.

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On June 8, 2018, the Appeals Chamber of the International Criminal Court (ICC) delivered its eagerly anticipated judgment on the appeal of Jean-Pierre Bemba Gombo against his conviction by Trial Chamber III in March 2016 for war crimes (murder, rape, and pillage) and crimes against humanity (murder and rape). Bemba's conviction was notable for the variety of “firsts” it gave rise to for the ICC. As a former vice-president of the transitional government of the Democratic Republic of the Congo (DRC) and president of the Mouvement de libération du Congo (MLC), he became the most senior leader to be successfully convicted by the ICC. His conviction was the first in which an individual was found responsible for the commission of crimes pursuant to command responsibility under Article 28 of the Rome Statute. Of particular significance was the fact that this was the first conviction at the ICC for acts of rape and sexual violence committed against women and men. Finally, this was the first case in the history of international criminal law where members of the defense team were arrested, tried, and convicted of crimes against the administration of justice during the course of the trial. The trial judgment was heralded as “a turning point in the ICC's history” following the debacles in the Lubanga, Katanga, Chui, and Kenya cases. However, we now have a new addition to the list of firsts: with the Appeals Chamber's majority judgment (decided 3-2), Bemba becomes the first accused to have his conviction overturned in full.

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Abstract Structural racism is a fundamental cause of racial inequities in health in the United States. Structural racism is manifested in inequality in the criminal justice system; de facto segregation in education, health care, and housing; and ineffective and disproportionately violent policing and economic disenfranchisem*nt in communities of color. The inequality that Black people and communities of color face is the direct result of centuries of public policy that made Black and Brown skin a liability. The United States is now in an unprecedented moment in its history with a new administration that explicitly states, “The moment has come for our nation to deal with systemic racism . . . and to deal with the denial of the promise of this nation—to so many.” The opportunities for creating innovative and bold policy must reflect the urgency of the moment and seek to dismantle the systems of oppression that have for far too long left the American promise unfulfilled. The policy suggestions made by the authors of this article speak to the structural targets needed for dismantling some of the many manifestations of structural racism so as to achieve health equity.

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AbstractIndia and Bangladesh share a common history, and each has developed somewhat similarly since partition. However, while both countries now have relatively low murder rates, India has seen a decline in the rate of executions, while Bangladesh continues to impose death sentences and carry out executions at a higher rate. There have been challenges to the death penalty in India, restricting its use to exceptional cases. The same has not occurred in Bangladesh. Yet in both countries, systemic flaws in the criminal process are evident. This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.

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Sometime in the 1760s, a Constantinople-born, French-educated Muslim arrived at the port of Balassor in north-east India. Known variously as Mustapha or Monsieur Raymond, he had, he later wrote, “with a mediocre dictionary and a bad grammar”, and by conversing with the ship's captain en route from Bombay, “learned enough of English . . . as I might delight in Bolingbroke's Philosophical works”. This student of contemporary intellectual history soon put his knowledge to work, securing a position translating for Robert Clive, the conquering hero of the English East India Company's new imperial administration in India. Subsequently falling from favour, Mustapha crossed over to seek employment with the English company's French rivals, earning himself a spell in prison as a spy. He also travelled to Mecca, where he gained the honorific “Haji” but lost his fortune, his cabinet of curiosities and his collection of books and manuscripts. He then became the keeper of a zenana (to the Europeans, a harem or seraglio), and he entered the world of publishing. In 1789, in Calcutta, Mustapha had printed for himself a pamphlet-length diatribe on the iniquitous administration of the law in British Bengal entitled Some Idea of the Civil and Criminal Courts of Justice at Moorshoodabad. In the same year he was also involved, as the pseudonymous editor “Nota Manus”, in the publication of a three-volume English translation of a Persian work of Indian history—Ghulam Hussain Khan Tabatabai's Seir Mutaqherin, or View of Modern Times (written in 1781–2)—which dealt with the British conquest and administration of Bengal, and offered a stern critique of the new rulers who seemed to have “an aversion to the Society of Indians, and a disdain against conversing with them”. Finally, Mustapha (who called himself a “Semi-Englishman” who had the interests of his “adopted countrymen” at heart) claimed to have published in London a work of futurology entitled State of Europe in 1800. In his encounters with Europeans, his travels within and beyond India (although he never made it to England as he had planned), and his involvement in the production of historical and geographical knowledge, Mustapha was deeply interested in that which shaped his own fortunes: the relationships of knowledge and power between Europe and other parts of the world.

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The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.

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Abstract SYNTHESIS OF THE FIRST INTERNATIONAL SYMPOSIUM FOR RESEARCH IN COMPARATIVE CRIMINOLOGY Introduction At the beginning of the development of the social sciences there was a considerable vogue for comparative research. A long period of empirical studies and almost total preoccupation with methodological problems followed. Once again, however, psychology, political science, sociology, and above all anthropology, have taken up the thread of this tradition, and the bibliography in these fields is becoming ever more abundant. The study of deviance, of various manifestations of criminality, and of social reaction against crime are, however, noticeably missing in the picture, even though there is nothing in the nature of criminology which precludes the development of comparative research. To many research workers in criminology, the time seemed ripe to take up the comparative tradition once again. Two imperatives were considered : the generalization of norms of deviance which are tied to the standard of living set by industrial civilization, thus putting the problem of criminality in a global light ; and, second, the development and standardization of methods of studying these phenomena, drawing on the experience of allied disciplines. The response of the participants in this Symposium and the results of their discussions were not unexpected. A consensus was arrived as to the problems it was thought important to study, and agreement was reached about the strategies of research to be undertaken. Priorities, however, were not established since too much depends on the availability of research teams, funds, etc. But the broad, overall look at the main problems in comparative criminology will, hopefully, open a new chapter in the history of crimino-logical research and in our continuing search for knowledge of man and society. The brief resume which follows should give the reader an idea of the extent of the problems tackled. The detailed proceedings of the Symposium will be published at a later date, in mimeographed form. Sectors of research proposed In a sense, this Symposium was prepared by all the participants. The organizers had requested that each person invited prepare a memorandum setting out the problems in comparative criminology which he considered to be most important. The compilation of their replies, reported to the plenary session at the opening of the Symposium, produced the following results : Summary of suggestions for research activities Note : In all that follows, it should be understood that all of these topics should be studied in a cross-cultural or international context. 1) Definitions and concepts : a) Social vs legal concept of deviance ; b) Distinction between political and criminal crimes ; c) The law : a moral imperative or a simple norm ; d) The concepts used in penal law : how adequate ? e.g. personality of criminal ; e) Who are the sinners in different cultures and at different times. 2) Procedures : a) Working concepts of criminal law and procedure ; b) Differentiating between factors relating to the liability-finding process and the sentencing process ; c) Behavioural manifestations of the administration of criminal justice ; d) Judicial decisions as related to the personality of the judges and of the accused ; e) Sentencing in the cross-national context (2 proposals) ; f) In developing countries, the gap between development of the legal apparatus and social behaviour ; g) Determination of liability ; h) The problem of definition and handling of dangerous offenders ; i) Decision-making by the sentencing judges, etc. (2 proposals) ; ;) Medical vs penal committals ; k) Law-enforcement, policing. 3) Personnel : a) Professionalization in career patterns ; b) Criteria for personnel selection ; c) Greater use of female personnel. 4) Causation. Situations related to criminality : a) How international relations and other external factors affect crime ; 6) Hierarchy of causes of crime ; c) Migrants. Minorities in general ; d) Relation to socio-economic development in different countries ; e) A biological approach to criminal subcultures, constitutional types, twin studies, etc. ; f) Cultural and social approach : norms of moral judgment, ideals presented to the young, etc. ; g) Effect of social change : crime in developing countries, etc. (6 proposals) ; h) Effects of mass media, rapid dissemination of patterns of deviant behaviour (2 proposals). 5) Varieties of crime and criminals : a) Traffic in drugs ; b) Prison riots ; c) Violence particularly in youth (7 proposals) ; d) Dangerousness ; e) Relation to the rights of man (including rights of deviants); f) Female crime (2 proposals) ; g) Prostitution ; i) The mentally ill offender ; ;) Cultural variations in types of crime ; k) Organized crime ; /) Use of firearms ; m) Gambling ; n) Victims and victimology. 6) Treatment : evaluation : a) Social re-adaptation of offenders ; b) Statistical research on corrections, with possible computerization of data ; c) Comparisons between prisons and other closed environments ; d) Extra-legal consequences of deprivation of liberty ; e) Rehabilitation in developing countries ; f ) Criteria for evaluation of programs of correction ; g) Biochemical treatment (2 proposals) ; i) Differential treatment of different types of offense. Evaluation ; /) Prisons as agencies of treatment ; k) Effects of different degrees of restriction of liberty ; /) Environments of correctional institutions ; m) Study of prison societies ; n) Crime as related to the total social system. 7) Research methodology : a) Publication of what is known regarding methodology ; b) Methods of research ; c) Culturally-comparable vs culturally-contrasting situations ; d) Development of a new clearer terminology to facilitate communication ; e) Actual social validity of the penal law. 8) Statistics : epidemiology : a) Need for comparable international statistics ; standardized criteria (3 proposals) ; b) Difficulties. Criminologists must collect the data themselves. 9) Training of research workers : Recruiting and training of « com-paratists ». 10) Machinery : Committee of co-ordination. Discussions The discussions at the Symposium were based on these suggestions, the main concentration falling on problems of manifestations of violence in the world today, the phenomenon of student contestation, and on human rights and the corresponding responsibilities attached thereto. Although the participants did not come to definite conclusions as to the respective merits of the problems submitted for consideration, they did discuss the conditions under which comparative studies of these problems should be approached, the techniques appropriate to obtaining valid results, and the limitations on this type or work. Four workshops were established and studied the various problems. The first tackled the problems of the definition of the criteria of « danger » represented by different type of criminals ; the problem of discovering whether the value system which underlies the Human Rights Declaration corresponds to the value system of today's youth; the problem of the treatment of criminals ; of female criminality ; and, finally, of violence in the form of individual and group manifestations. The second workshop devoted its main consideration to the revolt of youth and to organized crime, also proposing that an international instrument bank of documentation and information be established. The third workshop considered problems of theory : how the police and the public view the criminal ; the opportunity of making trans-cultural comparisons on such subjects as arrest, prison, etc. ; and the role of the media of information in the construction of value systems. The fourth workshop blazed a trail in the matter of methodology appropriate to research in comparative criminology. The period of discussions which followed the report of the four workshops gave rise to a confrontation between two schools of thought within the group of specialists. The question arose as to whether the problem of student contestation falls within the scope of the science of criminology. Several experts expressed the opinion that criminologists ought not to concern themselves with a question which really belongs in the realm of political science. On the other hand, the majority of the participants appeared to feel that the phenomenon of student contestation did indeed belong in the framework of criminological research. One of the experts in particular took it upon himself to be the spokesman of this school of thought. There are those, he said, who feel that criminology should confine itself and its research to known criminality, to hold-ups, rape, etc. However, one should not forget that penal law rests on political foundations, the legality of power, a certain moral consensus of the population. Today, it is exactly this « legitimate » authority that is being contested. Is it not to be expected, therefore, that criminology should show interest in all sociological phenomena which have legal and criminal implications ? Contestation and violence have consequences for the political foundations of penal law, and therefore are fit subjects for the research of the criminologist. International Centre {or Comparative Criminology The First International Symposium for Research in Comparative Criminology situated itself and its discussions within the framework and in the perspectives opened by the founding of the International Centre for Comparative Criminology. The Centre is sponsored jointly by the University of Montreal and the International Society for Criminology, with headquarters at the University of Montreal. As one of the participants emphasized, criminologists need a place to retreat from the daily struggle, to meditate, to seek out and propose instruments of research valid for the study of problems common to several societies. Viewing the facts as scientists, we are looking for operational concepts. Theoreticians and research workers will rough out the material and, hopefully, this will inspire conferences and symposiums of practitioners, jurists, sociologists, penologists, and other specialists. Above all, it will give common access to international experience, something which is lacking at present both at the level of documentation and of action. A bank of instruments of method- ology in the field of comparative criminology does not exist at the present time. The Centre will undertake to compile and analyse research methods used in scientific surveys, and it will establish such an instrument bank. It will also gather and analyse information pertaining to legislative reforms now in progress or being contemplated in the field of criminal justice. Through the use of computers, the Centre will be able to put these two projects into effect and make the results easily accessible to research workers, and to all those concerned in this field. The participants at the Symposium were given a view of the extent of the problems envisaged for research by the future Centre. It is hoped that this initiative will be of concrete use to research workers, private organizations, public services and governments at many levels, and in many countries.

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From the mid-twentieth century, state and public conceptions of deviance and crime control have turned increasingly punitive (Hallett 115; Hutchinson 138). In a Western context, criminal justice has long been retributive, prioritising punishment over rehabilitation (Wenzel et al. 26). Within that context, there has been an increase in punitiveness—understood here as a measure of a punishment’s severity—the intention of which has been to help restore the moral imbalance created by offending while also deterring future crime (Wenzel et al. 26). Entangled with the global spread of neoliberal capitalism, punitiveness has become internationally pervasive to a near-hegemonic degree (Sparks qtd. in Jennings et al. 463; Unnever and Cullen 100).The punitive turn has troubling characteristics. Punitive policies can be expensive, and increased incarceration stresses the criminal justice system and leads to prison overcrowding (Hutchinson 135). Further, punitiveness is not only applied unequally across categories such as class, race, and age (Unnever and Cullen 105-06; Wacquant 212) but the effectiveness of punitive policy relative to its costs is contested (Bouffard et al. 466, 477; Hutchinson 139). Despite this, evidence suggests public demand is driving punitive policymaking, but that demand is only weakly related to crime rates (Jennings et al. 463).While discussion of punitiveness in the public sphere often focuses on measures such as boot camps for young offenders, increased incarceration, and longer prison sentences, punitiveness also has a darker side. Our research analysing discussion taking place on a large, regional, crime-focused online forum reveals a startling degree and intensity of violence directed at offenders and related groups. Members of the discussion forum do propose unsurprising measures such as incarceration and boot camps, but also an array of violent alternatives, including beating, shooting, dismemberment, and conversion into animal food. This article draws on our research to explore why discussion of punitiveness can be so intensely violent.Our research applies thematic analysis to seven discussion threads posted to a large regional online forum focused on crime, made between September and November 2017. One discussion thread per week of the study period was purposively sampled based on relevance to the topic of punitiveness, ultimately yielding 1200 individual comments. Those comments were coded, and the data and codes were reiteratively analysed to produce categories, then basic, organising, and global themes. We intended to uncover themes in group discussion most salient to punitiveness to gain insight into how punitive social interactions unfold and how those who demand punitiveness understand their interactions and experiences of crime. We argue that, in this online forum, the global theme—the most salient concept related to punitiveness—is a “subaltern citizenship”. Here, a clear division emerges from the data, where the group members perceive themselves as “us”—legitimate citizens with all attendant rights—in opposition to an external “them”, a besieging group of diverse, marginalised Others who have illegitimately usurped certain rights and who victimise citizens. Group members often deride the state as too weak and untrustworthy to stop this victimisation. Ironically, the external Others perceived by the group to hold power are themselves genuinely marginalised, though the group does not recognise or see that form of marginalisation as legitimate. In this essay, to preserve the anonymity of the forum and its members, we refer to them only as “the Forum”, located in “the City”, and refrain from direct quotes except for commonly used words or phrases that do not identify individuals.It is also important to note that the research described here deliberately focused on a specific group in a specific space who were concerned about specific groups of offenders. Findings and discussion, and the views on punitiveness described, cannot be generalised to the broader community. Nor do we suggest these views can be considered representative of all Forum members as we present here only a limited analysis of some violent discourse emerging from our research. Likewise, while our discussion often centres on youth and other marginalised groups in the context of offending, we do not intend to imply that offending is a characteristic of these groups.Legitimate CitizenshipCommonly, citizenship is seen as a conferred status denoting full and equal community membership and the rights and responsibilities dictated by community values and norms (Lister 28-29). Western citizenship norms are informed by neoliberal capitalist values: individual responsibility, an obligation to be in paid employment, participation in economic consumption, the sanctity of ownership, and that the principal role of government is to defend the conditions under which these norms can freely thrive (Walsh 861-62). While norms are shaped by laws and policy frameworks, they are not imposed coercively or always deployed consciously. These norms exist as shared behavioural expectations reproduced through social interaction and embodied as “common sense” (Kotzian 59). As much as Western democracies tend to a universalist representation of one, undifferentiated citizenship, it is clear that gender, race, sexual orientation, religion, ethnicity, and migrant status all exist in different relationships to citizenship as an identity category. Glass ceilings, stolen generations, same-sex marriage debates, and Australian Government proposals to strip citizenship from certain types of criminal offender all demonstrate that the lived experience of norms surrounding citizenship is profoundly unequal for some (Staeheli et al. 629-30). An individual’s citizenship status, therefore, more accurately exists on a spectrum between legitimacy—full community membership, possessing all rights and living up to all associated responsibilities—and illegitimacy—diminished membership, with contested rights and questionable fulfilment of associated responsibilities—depending on the extent of their deviation from societal norms.Discussing punitiveness, Forum members position themselves as “us”, that is, legitimate citizens. Words such as “we” and “us” are used as synonyms for society and for those whose behaviours are “normal” or “acceptable”. Groups associated with offending are described as “they”, “them”, and their behaviours are “not normal”, “disgusting”, “feral”, and merit the removal of “them” from civilisation, usually to “the middle of nowhere” or “the Outback”. Possession of legitimate citizenship is implicit in assuming authority over what is normal and who should be exiled for failing the standard.Another implicit assumption discernible in the data is that Forum members perceive the “normal we” as good neoliberal citizens. “We” work hard, own homes and cars, and take individual responsibility. There is a strong imputation of welfare dependency among offenders, the poor, and other suspect groups. Offending is presented as something curable by stripping offenders or their parents of welfare payments. Members earn their status as legitimate citizens by adhering to the norms of neoliberal citizenship in opposition to potential offenders to whom the benefits of citizenship are simply doled out.Forum members also frame their citizenship as legitimate by asserting ownership over community spaces and resources. This can be seen in their talking as if they, their sympathetic audience, and “the City” are the same (for example, declaring that “the City” demands harsher punishments for juvenile offenders). There are also calls to “take back” the streets, the City, and Australia from groups associated with offending. That a space can and should be “taken back” implies a pre-existing state of control interrupted by those who have no right to ownership. At its most extreme, the assertion of ownership extends to a conviction that members have the right to position offenders as enemies of the state and request that the army, the ultimate tool of legitimate state violence, be turned against them if governments and the criminal justice system are too “weak” or “soft” to constrain them.The Illegitimate OtherThroughout the data, perceived offenders are spoken of with scorn and hatred. “Perceived offenders” may include offenders and their family, youths, Indigenous people, and people of low socioeconomic status, and these marginalised groups are referenced so interchangeably it can be difficult to determine which is being discussed.Commenting on four “atsi [sic] kids” who assaulted an elderly man, group members asserted “they” should be shot like dogs. The original text gives no antecedents to indicate whether “they” is meant to indicate youths, Indigenous youths, or offenders in general. However, Australia has a colonial history of conflating crime and indigeneity and shooting Indigenous people to preserve white social order (Hill and Dawes 310, 312), a consequence of the tendency of white people to imagine criminals as black (Unnever and Cullen 106). It must be noted that the racial identity of individual Forum members is unknown. This does constitute a limitation in the original study, as identity categories such as race and class intersect and manifest in social interactions in complex ways. However, that does not prevent analysis of the text itself.In the Forum’s discursive space, “they” is used to denote offenders, Indigenous youths, youths, or the poor interchangeably, as if they were all a hom*ogeneous, mutually synonymous “Other”. Collectively, these groups are represented as so generally hopeless that they are imagined as choosing to offend so they will be sentenced to the comforts of “holiday camp” prisons where they can access luxuries otherwise beyond their reach: freedom from addicted parents, medical care, food, television, and computers. A common argument, that crime is an individual choice, is often based on the idea that prison is a better option for the poor than going home. As a result, offending by marginalised offenders is reconstructed as a rational choice or a failure of individual responsibility rather than a consequence of structural inequality.Further, parents of those in suspect populations are blamed for intergenerational maintenance of criminality. They are described as too drunk or drugged to care, too unskilled in parenting due to their presumed dreadful upbringing, or too busy enjoying their welfare payments to meet their responsibility to control their children or teach them the values and skills of citizenship. Comments imply parents probably participated in their children’s crimes even when no evidence suggests that possibility and that some groups simply cannot be trusted to raise disciplined children owing to their inherent moral and economic dissipation. That is, not just offenders but entire groups are deemed illegitimate, willing to enjoy benefits of citizenship such as welfare payments but unwilling or unable to earn them by engaging with the associated responsibilities. This is a frequent argument for why they deserve severely punitive punishment for deviance.However, the construction of the Other as illegitimate in Forum discussions reaches far beyond imagining them as lacking normative skills and values. The violence present on the Forum is startling in its intensity. Prevalent within the data is the reduction of people to insulting nicknames. Terms used to describe people range from the sarcastic— “little darlings”—through standard abusive language such as “bastards”, “sh*ts”, “dickhe*ds”, “lowlifes”, to dehumanising epithets such as “maggots”, “scum”, and “subhuman arsewipes”. Individually and collectively, “they” are relentlessly framed as less than human and even less than animals. They are “mongrels” and “vermin”. In groups, they are “packs”, and they deserve to be “hunted” or just shot from helicopters. They are unworthy of life. “Oxygen thieves” is a repeated epithet, as is the idea that they should be dropped out at sea to drown. Other suggestions for punishment include firing squads, lethal injections, and feeding them to animals.It is difficult to imagine a more definitive denial of legitimacy than discursively stripping individuals and groups of their humanity (their most fundamental status) and their right to existence (their most fundamental right as living beings). The Forum comes perilously close to casting the Other as Agamben’s hom*o sacer, humans who live in a “state of exception”, subject to the state’s power but excluded from the law’s protection and able to be killed without consequence (Lechte and Newman 524). While it would be hyperbole to push this comparison too far—given Agamben had concentration camps in mind—the state of exception as a means of both excluding a group from society and exercising control over its life does resonate here.Themes Underlying PunitivenessOur findings indicate the theme most salient to punitive discussion is citizenship, rooted in persistent concerns over who is perceived to have it, who is not, and what should be done about those Others whose deviance renders their citizenship less legitimate. Citizenship norms—real or aspirational—of society’s dominant groups constitute the standards by which Forum members judge their experiences of and with crime, perceived offenders, the criminal justice system, and the state. However, Forum members do not claim a straightforward belonging to and sharing in the maintenance of the polity. Analysis of the data suggests Forum members consider their legitimate citizenship tainted by external forces such as politics, untrustworthy authorities and institutions, and the unconstrained excess of the illegitimate Other. That is, they perceive their citizenship to be simultaneously legitimate and undeservedly subaltern.According to Gramsci, subaltern populations are subordinate to dominant groups in political and civil society, lulled by hegemonic norms to cooperate in their own oppression (Green 2). Civil society supports the authority of political society and, in return, political society uses the law and criminal justice system to safeguard civil society’s interests against unruly subalterns (Green 7). Rights and responsibilities of citizenship reside within the mutual relationship between political and civil society. Subalternity, by definition, exists outside this relationship, or with limited access to it.Forum members position themselves as citizens within civil society. They lay emphatic claim to fulfilling their responsibilities as neoliberal citizens. However, they perceive themselves to be denied the commensurate rights: they cannot rely on the criminal justice system to protect them from the illegitimate Other. The courts are “soft”, and prisons are “camps” with “revolving doors”. Authorities pamper offenders while doing nothing to stop them from hurting their victims. Human rights are viewed as an imposition by the UN or as policy flowing from a political sphere lacking integrity and dominated by “do gooders”. Rights are reserved only for offenders. Legitimate citizens no longer even have the right to defend themselves. The perceived result is a transfer of rights from legitimate to illegitimate, from deserving to undeserving. This process elides from view the actual subalterns of Australian society—here, most particularly Indigenous people and the socioeconomically vulnerable—and reconstructs them as oppressors of the dominant group, who are reframed as legitimate citizens unjustly made subaltern.The Violence in PunitivenessOn the Forum, as in the broader world, a sense of “white victimisation”—the view, unsupported by history or evidence, that whites are an oppressed people within a structure systematically doling out advantage to minorities (King 89)—is a recurrent legitimising argument for punitiveness and vigilantism. Amid the shrinking social safety nets and employment precarity of neoliberal capitalism, competitiveness increases, and white identity forms around perceived threats to power and status incurred by “losing out” to minorities (Sacks and Lindholm 131). One 2011 study finds a majority of white US citizens believe themselves subject to more racism than black people (King 89). However, these assumptions of whiteness tend to be spared critical examination because, in white-dominated societies, whiteness is the common-sense norm in opposition to which other racial categories are defined (Petray and Collin 2). When whiteness is made the focus of critical questioning, white identities gain salience and imaginings of the “dark other” and besieged white virtues intensify (Bonilla-Silva et al. 232).With respect to feelings of punitiveness, Unnever and Cullen (118-19) find that the social cause for punitiveness in the United States is hostility towards other races, that harsh punishments, including the death penalty, are demanded and accepted by the dominant group because they are perceived to mostly injure “people they do not like” (Unnever and Cullen 119). Moreover, perception that a racial group is inherently criminal amplifies more generalised prejudices against them and diminishes the capacity of the dominant group to feel empathy for suffering inflicted upon them by the criminal justice system (Unnever and Cullen 120).While our analysis of the Forum supports these findings where they touch on crimes committed by Indigenous people, they invite a question. Why, where race is not a factor, do youths and the socioeconomically disadvantaged also inspire intensely violent punitiveness as described above? We argue that the answer relates to status. From this perspective, race becomes one of several categories of differentiation from legitimate citizenship through an ascription of low status.Wenzel, Okimoto, and Cameron (29) contend punitiveness, with respect to specific offences, varies according to the symbolic meaning the offence holds for the observer. Crimes understood as a transgression against status or power inspire a need for “revenge, punishment, and stigmatisation” (Wenzel et al. 41) and justify an increase in the punitiveness required (Wenzel et al. 29, 34). This is particularly true where an offence is deemed to make someone unfit for community membership, such that severe punishment serves as a symbolic marker of exile and a reaffirmation for the community of the violated values and norms (Wenzel et al. 41). Indeed, as noted, Forum posts regularly call for offenders to be removed from society, exiled to the outback, or shipped beyond Australia’s territorial waters.Further, Forum members’ perception of subaltern citizenship, with its assumption of legitimate citizenship as being threatened by undeserving Others, makes them view crime as implicitly a matter of status transgression. This is intensified by perception that the political sphere and criminal justice system are failing legitimate citizens, refusing even to let them defend themselves. Virulent name-calling and comparisons to animals can be understood as attempts by the group to symbolically curtail the undeservedly higher status granted to offenders by weak governments and courts. More violent demands for punishment symbolically remove offenders from citizenship, reaffirm citizen values, and vent anger at a political and criminal justice system deemed complicit, through weakness, in reducing legitimate citizens to subaltern citizens.ConclusionsIn this essay, we highlight the extreme violence we found in our analysis of an extensive online crime forum in a regional Australian city. We explore some explanations for violent public punitiveness, highlighting how members identify themselves as subaltern citizens in a battle against undeserving Others, with no support from a weak state. This analysis centres community norms and a problematic conception of citizenship as drivers of both public punitiveness and dissatisfaction with crime control policy and the criminal justice system. We highlight a real dissonance between community needs and public policy that may undermine effective policymaking. That is, evidence-based crime control policies, successful crime prevention initiatives, and falling crime rates may not increase public satisfaction with how crime is dealt with if policymakers pursue those measures without regard for how citizens experience the process.While studies such as that by Wenzel, Okimoto, and Cameron identify differences in status between legitimate citizens and offenders as amplifiers of punitiveness, we suggest the amplification may be mediated by the status relationship between legitimate citizens and authority figures within legitimate society. The offender and their crime may not contribute as much to the public’s outrage as commonly assumed. Instead, public punitiveness may predominantly arise from the perception that the political sphere, media, and criminal justice system respond to citizens’ experience of crime in ways that devalue the status of legitimate citizens. At least in the context of this regional city, this points to something other than successful crime control being integral to building more effective and satisfactory crime control policy: in this case, the need to rebuild trust between citizens and authority groups.ReferencesBonilla-Silva, Eduardo, Carla Goar, and David G. Embrick. “When Whites Flock Together: The Social Psychology of White Habitus.” Critical Sociology 32.2-3 (2006): 229–253.Bouffard, Jeff, Maisha Cooper, and Kathleen Bergseth. “The Effectiveness of Various Restorative Justice Interventions on Recidivism Outcomes among Juvenile Offenders.” Youth Violence and Juvenile Justice 15.4 (2017): 465–480.Green, Marcus. “Gramsci Cannot Speak: Presentations and Interpretations of Gramsci’s Concept of the Subaltern.” Rethinking Marxism 14.3 (2002): 1–24.Hallett, Michael. “Imagining the Global Corporate Gulag: Lessons from History and Criminological Theory.” Contemporary Justice Review 12.2 (2009): 113–127.Hill, Richard, and Glenn Dawes. “The ‘Thin White Line’: Juvenile Crime, Racialised Narrative and Vigilantism—A North Queensland Study.” Current Issues in Criminal Justice 11.3 (2000): 308–326.Hutchinson, Terry. “‘A Slap on the Wrist’? The Conservative Agenda in Queensland, Australia.” Youth Justice 15.2 (2015): 134–147.Jennings, Will, Stephen Farrall, Emily Gray, and Colin Hay. “Penal Populism and the Public Thermostat: Crime, Public Punitiveness, and Public Policy.” Governance: An International Journal of Policy, Administration, and Institutions 30.3 (2017): 463–481.King, Mike. “The ‘Knockout Game’: Moral Panic and the Politics of White Victimhood.” Race & Class 56.4 (2015): 85–94.Kotzian, Peter. “Good Governance and Norms of Citizenship: An Investigation into the System- and Individual-Level Determinants of Attachment to Civic Norms.” American Journal of Economics and Sociology 73.1 (2014): 58–83.Lechte, John, and Saul Newman. “Agamben, Arendt and Human Rights: Bearing Witness to the Human.” European Journal of Social Theory 15.4 (2012): 522–536.Lister, Ruth. “Citizenship: Towards a Feminist Synthesis.” Feminist Review 57 (1997): 28–48.Petray, Theresa L., and Rowan Collin. “Your Privilege is Trending: Confronting Whiteness on Social Media.” Social Media + Society 3.2 (2017): 1–10.Sacks, Michael A., and Marika Lindholm. “A Room without a View: Social Distance and the Structuring of Privileged Identity.” Working through Whiteness: International Perspectives. Ed. Cynthia Levine-Rasky. Albany, NY: State U of New York P, 2002. 129-151.Staeheli, Lynn A., Patricia Ehrkamp, Helga Leitner, and Caroline R. Nagel. “Dreaming the Ordinary: Daily Life and the Complex Geographies of Citizenship.” Progress in Human Geography 36.5 (2012): 628–644.Unnever, James D., and Francis T. Cullen. “The Social Sources of Americans’ Punitiveness: A Test of Three Competing Models.” Criminology 48.1 (2010): 99–129.Wacquant, Loïc. “Crafting the Neoliberal State: Workfare, Prisonfare, and Social Insecurity.” Sociological Forum 25.2 (2010): 197–220.Walsh, James P. “Quantifying Citizens: Neoliberal Restructuring and Immigrant Selection in Canada and Australia.” Citizenship Studies 15.6-7 (2011): 861–879.Wenzel, Michael, Tyler Okimoto, and Kate Cameron. “Do Retributive and Restorative Justice Processes Address Different Symbolic Concerns?” Critical Criminology 20.1 (2012): 25–44.

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The article covers the development of the institution of the provision of the witness's rights and lawful interests, the usual problems arising under the current legislation. In recent history of Uzbekistan there were several legal monuments which regulating relations in the criminal justice system, they play a special role in the administration of justice in the country. Their historical significance has served to promote public awareness of world-class procedural and legal institutions and the formation of perceptions in the field of justice and criminal practice as well as law enforcement practice. The existing legal sources in criminal law were the laws prepared and put into practice by the Bolshevik political ideology that came to the cause of the government coup in the Russian Empire in the 17th century. In general, during the Soviet period, criminal procedure codes were received and practiced four times in the area of Uzbekistan. The author reveals the criminal procedure aspects that directly influence the protection of the witness's rights and lawful interests. KEY WORDS: history, witness, rights and duties, status, institute, features, practice, national and foreign experience, criminal process, formation, analysis.

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In response to the increasing frequency of urban rebellions and rising crime rates, President Lyndon Johnson announced a War on Crime in 1965, inaugurating the modernization of criminal justice systems nationwide. Buoyed by federal monetary support from the newly formed Law Enforcement Assistance Administration (LEAA), Los Angeles County attempted to develop a massive information sharing system to efficiently track suspects and expedite criminal record file-sharing within the county’s criminal justice bureaucracy. However, both projects failed. The failure of the Regional Justice Information System (RJIS) and the Optimum Records Automation for Courts and Law Enforcement (ORACLE) reveals the contingency surrounding the development of massive surveillance systems during the War on Crime and shows that the modern criminal justice surveillance state was not inevitable. Ultimately, it exposes the limits of criminal justice modernization and surveillance during the largest federal investment in local crime control in U.S. history.

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Although most theoretical and policy approaches treat criminal behavior and child maltreatment as different issues, we examine the prevalence of those involved in both the criminal justice system and child protective services as perpetrators, assessing how several criminal career characteristics differ between dual-system and single-system offenders. Using longitudinal cohort data from the Queensland Cross-Sector Research Collaboration (QCRC), we found that while dual-system-involved offenders made up only 4% of the population, their proportion was much higher among those with a delinquent history, especially among females (males = 21%, females = 38%). Those involved with both systems were more serious offenders and child maltreatment perpetrators with respect to the number and versatility of system contacts. These findings suggest involvement in both the criminal justice and child welfare systems are part of an underlying vulnerability or predisposition toward antisocial behavior and represent an important overlap of service delivery that must be managed effectively.

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Rape is one of the most underreported crimes worldwide, not least because of the trauma facing complainants once the case goes to trial. The case of S v Zuma was a clear illustration of this problem. The court’s decision to allow Zuma’s lawyers to cross-examine the complainant about her sexual history (governed by section 227 of the Criminal Procedure Act) has far-reaching implications. The court’s failure to deal properly with section 227 has set a worrying precedent that is now binding on the lower courts where the majority of rape cases are heard. Moreover, the judgment does not reflect a consideration of the impact on the complainant’s right to human dignity, privacy and equality. This means the court missed an opportunity to align section 227 with the constitutional dictates that now govern the administration of justice in South Africa.

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Purpose This paper aims to examine sentencing decisions for drug-trafficking offences in the criminal courts of the city of Recife to address a gap in quantitative research on drug sentencing and incarceration in Brazil. Design/methodology/approach Using original data obtained from the Court of Justice for Pernambuco, the research used multivariate regression analysis to investigate the effect of case processing, offender, and offence characteristics on sentence length. Findings A key finding of the research is the influence of two legal factors on sentence length: admitting to a drug-trafficking offence and being categorized as “mitigated trafficking”. Results also indicate that first-time defendants were more likely to be categorized as mitigated trafficking, stressing the importance of criminal history on predicting sentencing outcomes. “Mitigated trafficking” is a distinct category of drug-trafficking created by the Drug Law nº. 11.343 (2006) to protect defendants considered novices in the illicit drug market from receiving longer imprisonment sentences. Practical implications The findings suggest that the policy strategy of having a legal distinction for a specific type of defendant appears to be effective in impacting sentence length for drug-trafficking convictions. Future research could explore how similar strategies could be adopted to influence sentencing for other vulnerable groups. However, focussing on a defendant records or prior convictions as an eligibility criterion could disproportionately impact defendants who are caught in a cycle of re-offending for socio-economic reasons or a need to finance a substance use disorder. Originality/value This research address a gap in quantitative sentencing research in Brazil and contributes to the broader literature by presenting results that are aligned with previous studies conducted in North America.

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Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75-76). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. The author extends thanks to Richard Neville, Margot Riley, Kirsten Thorpe, and Justine Wilson of the State Library of New South Wales for sharing their knowledge and offering their support. The author is also grateful to the reviewers for their careful reading of the manuscript and for making valuable suggestions. ReferencesAboriginal Heritage Tasmania. “Scarred Trees.” Aboriginal Cultural Heritage, 2012. 12 Sep. 2015 ‹http://www.aboriginalheritage.tas.gov.au/aboriginal-cultural-heritage/archaeological-site-types/scarred-trees›.Arthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Governor Davey’s [sic – actually Governor Arthur’s] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30]. Graphic Materials. Sydney: Mitchell Library, State Library of NSW, c. 1828-30.Bock, Thomas. Mathinna. Watercolour and Gouache on Paper. 23 x 19 cm (oval), c. 1840.Carroll, Khadija von Zinnenburg. Art in the Time of Colony: Empires and the Making of the Modern World, 1650-2000. Farnham, UK: Ashgate Publishing, 2014.Clark, Manning. History of Australia. Abridged by Michael Cathcart. Melbourne: Melbourne University Press, 1997 [1993]. Clements, Nicholas. The Black War: Fear, Sex and Resistance in Tasmania. St Lucia, Qld.: U of Queensland P, 2014.Colonial Times. “Hobart Town.” Colonial Times 5 Mar. 1830: 2.The Commissioners. Intercolonial Exhibition Official Catalogue. 2nd ed. Melbourne: Blundell & Ford, 1866.Darian-Smith, Kate, and Penelope Edmonds. “Conciliation on Colonial Frontiers.” Conciliation on Colonial Frontiers: Conflict, Performance and Commemoration in Australia and the Pacific Rim. Eds. Kate Darian-Smith and Penelope Edmonds. New York: Routledge, 2015. 1–14. Edmonds, Penelope. “‘Failing in Every Endeavour to Conciliate’: Governor Arthur’s Proclamation Boards to the Aborigines, Australian Conciliation Narratives and Their Transnational Connections.” Journal of Australian Studies 35.2 (2011): 201–18.———. “The Proclamation Cup: Tasmanian Potter Violet Mace and Colonial Quotations.” reCollections 5.2 (2010). 20 May 2015 ‹http://recollections.nma.gov.au/issues/vol_5_no_2/papers/the_proclamation_cup_›.Felton, Heather. “Mathinna.” Companion to Tasmanian History. Hobart: Centre for Tasmanian Historical Studies, University of Tasmania, 2006. 29 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/M/Mathinna.htm›.Gall, Jennifer. Library of Dreams: Treasures from the National Library of Australia. Canberra: National Library of Australia, 2011.Hull, Hugh M. “Tasmanian Hieroglyphics.” The Hobart Mercury 26 Nov. 1874: 3.James, P.D. Talking about Detective Fiction. New York: Alfred A. Knopf, 2009.Mace, Violet. Violet Mace’s Proclamation Jug. Glazed Earthernware. Launceston: Queen Victoria Museum and Art Gallery, 1928.———. Violet Mace’s Proclamation Cup. Glazed Earthernware. Canberra: National Museum of Australia, 1934.McCulloch, Samuel Clyde. “Sir George Gipps and Eastern Australia’s Policy toward the Aborigine, 1838-46.” The Journal of Modern History 33.3 (1961): 261–69.Morris, John. “Notes on a Message to the Tasmanian Aborigines in 1829, popularly called ‘Governor Davey’s Proclamation to the Aborigines, 1816’.” Australiana 10.3 (1988): 84–7.Nettelbeck, Amanda. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Newman, Terry. “Tasmania, the Name.” Companion to Tasmanian History, 2006. 16 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/T/Tasmania%20name.htm›.Reece, Robert H.W., in Amanda Nettelbeck. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Ryan, Lyndall. “The Black Line in Van Diemen’s Land: Success or Failure?” Journal of Australian Studies 37.1 (2013): 3–18.Savery, Henry. Quintus Servinton: A Tale Founded upon Events of Real Occurrence. Hobart Town: Henry Melville, 1830.Turnbull, Clive. Black War: The Extermination of the Tasmanian Aborigines. Melbourne: Sun Books, 1974 [1948].

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Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circ*mstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. Wise, Jenny, and Lesley McLean. “Pack of Thieves: The Visual Representation of Prisoners and Convicts in Dark Tourist Sites.” The Palgrave Handbook of Incarceration in Popular Culture. Eds. Marcus K. Harmes, Meredith A. Harmes, and Barbara Harmes. Switzerland: Palgrave Macmillan, 2020. 555-73.

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Abstract:

Introduction Crime fiction is one of the world’s most popular genres. Indeed, it has been estimated that as many as one in every three new novels, published in English, is classified within the crime fiction category (Knight xi). These new entrants to the market are forced to jostle for space on bookstore and library shelves with reprints of classic crime novels; such works placed in, often fierce, competition against their contemporaries as well as many of their predecessors. Raymond Chandler, in his well-known essay The Simple Art of Murder, noted Ernest Hemingway’s observation that “the good writer competes only with the dead. The good detective story writer […] competes not only with all the unburied dead but with all the hosts of the living as well” (3). In fact, there are so many examples of crime fiction works that, as early as the 1920s, one of the original ‘Queens of Crime’, Dorothy L. Sayers, complained: It is impossible to keep track of all the detective-stories produced to-day [sic]. Book upon book, magazine upon magazine pour out from the Press, crammed with murders, thefts, arsons, frauds, conspiracies, problems, puzzles, mysteries, thrills, maniacs, crooks, poisoners, forgers, garrotters, police, spies, secret-service men, detectives, until it seems that half the world must be engaged in setting riddles for the other half to solve (95). Twenty years after Sayers wrote on the matter of the vast quantities of crime fiction available, W.H. Auden wrote one of the more famous essays on the genre: The Guilty Vicarage: Notes on the Detective Story, by an Addict. Auden is, perhaps, better known as a poet but his connection to the crime fiction genre is undisputed. As well as his poetic works that reference crime fiction and commentaries on crime fiction, one of Auden’s fellow poets, Cecil Day-Lewis, wrote a series of crime fiction novels under the pseudonym Nicholas Blake: the central protagonist of these novels, Nigel Strangeways, was modelled upon Auden (Scaggs 27). Interestingly, some writers whose names are now synonymous with the genre, such as Edgar Allan Poe and Raymond Chandler, established the link between poetry and crime fiction many years before the publication of The Guilty Vicarage. Edmund Wilson suggested that “reading detective stories is simply a kind of vice that, for silliness and minor harmfulness, ranks somewhere between crossword puzzles and smoking” (395). In the first line of The Guilty Vicarage, Auden supports Wilson’s claim and confesses that: “For me, as for many others, the reading of detective stories is an addiction like tobacco or alcohol” (406). This indicates that the genre is at best a trivial pursuit, at worst a pursuit that is bad for your health and is, increasingly, socially unacceptable, while Auden’s ideas around taste—high and low—are made clear when he declares that “detective stories have nothing to do with works of art” (406). The debates that surround genre and taste are many and varied. The mid-1920s was a point in time which had witnessed crime fiction writers produce some of the finest examples of fiction to ever be published and when readers and publishers were watching, with anticipation, as a new generation of crime fiction writers were readying themselves to enter what would become known as the genre’s Golden Age. At this time, R. Austin Freeman wrote that: By the critic and the professedly literary person the detective story is apt to be dismissed contemptuously as outside the pale of literature, to be conceived of as a type of work produced by half-educated and wholly incompetent writers for consumption by office boys, factory girls, and other persons devoid of culture and literary taste (7). This article responds to Auden’s essay and explores how crime fiction appeals to many different tastes: tastes that are acquired, change over time, are embraced, or kept as guilty secrets. In addition, this article will challenge Auden’s very narrow definition of crime fiction and suggest how Auden’s religious imagery, deployed to explain why many people choose to read crime fiction, can be incorporated into a broader popular discourse on punishment. This latter argument demonstrates that a taste for crime fiction and a taste for justice are inextricably intertwined. Crime Fiction: A Type For Every Taste Cathy Cole has observed that “crime novels are housed in their own section in many bookshops, separated from literary novels much as you’d keep a child with measles away from the rest of the class” (116). Times have changed. So too, have our tastes. Crime fiction, once sequestered in corners, now demands vast tracts of prime real estate in bookstores allowing readers to “make their way to the appropriate shelves, and begin to browse […] sorting through a wide variety of very different types of novels” (Malmgren 115). This is a result of the sheer size of the genre, noted above, as well as the genre’s expanding scope. Indeed, those who worked to re-invent crime fiction in the 1800s could not have envisaged the “taxonomic exuberance” (Derrida 206) of the writers who have defined crime fiction sub-genres, as well as how readers would respond by not only wanting to read crime fiction but also wanting to read many different types of crime fiction tailored to their particular tastes. To understand the demand for this diversity, it is important to reflect upon some of the appeal factors of crime fiction for readers. Many rules have been promulgated for the writers of crime fiction to follow. Ronald Knox produced a set of 10 rules in 1928. These included Rule 3 “Not more than one secret room or passage is allowable”, and Rule 10 “Twin brothers, and doubles generally, must not appear unless we have been duly prepared for them” (194–6). In the same year, S.S. Van Dine produced another list of 20 rules, which included Rule 3 “There must be no love interest: The business in hand is to bring a criminal to the bar of justice, not to bring a lovelorn couple to the hymeneal altar”, and Rule 7 “There simply must be a corpse in a detective novel, and the deader the corpse the better” (189–93). Some of these directives have been deliberately ignored or have become out-of-date over time while others continue to be followed in contemporary crime writing practice. In sharp contrast, there are no rules for reading this genre. Individuals are, generally, free to choose what, where, when, why, and how they read crime fiction. There are, however, different appeal factors for readers. The most common of these appeal factors, often described as doorways, are story, setting, character, and language. As the following passage explains: The story doorway beckons those who enjoy reading to find out what happens next. The setting doorway opens widest for readers who enjoy being immersed in an evocation of place or time. The doorway of character is for readers who enjoy looking at the world through others’ eyes. Readers who most appreciate skilful writing enter through the doorway of language (Wyatt online). These doorways draw readers to the crime fiction genre. There are stories that allow us to easily predict what will come next or make us hold our breath until the very last page, the books that we will cheerfully lend to a family member or a friend and those that we keep close to hand to re-read again and again. There are settings as diverse as country manors, exotic locations, and familiar city streets, places we have been and others that we might want to explore. There are characters such as the accidental sleuth, the hardboiled detective, and the refined police officer, amongst many others, the men and women—complete with idiosyncrasies and flaws—who we have grown to admire and trust. There is also the language that all writers, regardless of genre, depend upon to tell their tales. In crime fiction, even the most basic task of describing where the murder victim was found can range from words that convey the genteel—“The room of the tragedy” (Christie 62)—to the absurd: “There it was, jammed between a pallet load of best export boneless beef and half a tonne of spring lamb” (Maloney 1). These appeal factors indicate why readers might choose crime fiction over another genre, or choose one type of crime fiction over another. Yet such factors fail to explain what crime fiction is or adequately answer why the genre is devoured in such vast quantities. Firstly, crime fiction stories are those in which there is the committing of a crime, or at least the suspicion of a crime (Cole), and the story that unfolds revolves around the efforts of an amateur or professional detective to solve that crime (Scaggs). Secondly, crime fiction offers the reassurance of resolution, a guarantee that from “previous experience and from certain cultural conventions associated with this genre that ultimately the mystery will be fully explained” (Zunshine 122). For Auden, the definition of the crime novel was quite specific, and he argued that referring to the genre by “the vulgar definition, ‘a Whodunit’ is correct” (407). Auden went on to offer a basic formula stating that: “a murder occurs; many are suspected; all but one suspect, who is the murderer, are eliminated; the murderer is arrested or dies” (407). The idea of a formula is certainly a useful one, particularly when production demands—in terms of both quality and quantity—are so high, because the formula facilitates creators in the “rapid and efficient production of new works” (Cawelti 9). For contemporary crime fiction readers, the doorways to reading, discussed briefly above, have been cast wide open. Stories relying upon the basic crime fiction formula as a foundation can be gothic tales, clue puzzles, forensic procedurals, spy thrillers, hardboiled narratives, or violent crime narratives, amongst many others. The settings can be quiet villages or busy metropolises, landscapes that readers actually inhabit or that provide a form of affordable tourism. These stories can be set in the past, the here and now, or the future. Characters can range from Edgar Allan Poe’s C. Auguste Dupin to Dashiell Hammett’s Sam Spade, from Agatha Christie’s Miss Jane Marple to Kerry Greenwood’s Honourable Phryne Fisher. Similarly, language can come in numerous styles from the direct (even rough) words of Carter Brown to the literary prose of Peter Temple. Anything is possible, meaning everything is available to readers. For Auden—although he required a crime to be committed and expected that crime to be resolved—these doorways were only slightly ajar. For him, the story had to be a Whodunit; the setting had to be rural England, though a college setting was also considered suitable; the characters had to be “eccentric (aesthetically interesting individuals) and good (instinctively ethical)” and there needed to be a “completely satisfactory detective” (Sherlock Holmes, Inspector French, and Father Brown were identified as “satisfactory”); and the language descriptive and detailed (406, 409, 408). To illustrate this point, Auden’s concept of crime fiction has been plotted on a taxonomy, below, that traces the genre’s main developments over a period of three centuries. As can be seen, much of what is, today, taken for granted as being classified as crime fiction is completely excluded from Auden’s ideal. Figure 1: Taxonomy of Crime Fiction (Adapted from Franks, Murder 136) Crime Fiction: A Personal Journey I discovered crime fiction the summer before I started high school when I saw the film version of The Big Sleep starring Humphrey Bogart and Lauren Bacall. A few days after I had seen the film I started reading the Raymond Chandler novel of the same title, featuring his famous detective Philip Marlowe, and was transfixed by the second paragraph: The main hallway of the Sternwood place was two stories high. Over the entrance doors, which would have let in a troop of Indian elephants, there was a broad stained-glass panel showing a knight in dark armour rescuing a lady who was tied to a tree and didn’t have any clothes on but some very long and convenient hair. The knight had pushed the visor of his helmet back to be sociable, and he was fiddling with the knots on the ropes that tied the lady to the tree and not getting anywhere. I stood there and thought that if I lived in the house, I would sooner or later have to climb up there and help him. He didn’t seem to be really trying (9). John Scaggs has written that this passage indicates Marlowe is an idealised figure, a knight of romance rewritten onto the mean streets of mid-20th century Los Angeles (62); a relocation Susan Roland calls a “secular form of the divinely sanctioned knight errant on a quest for metaphysical justice” (139): my kind of guy. Like many young people I looked for adventure and escape in books, a search that was realised with Raymond Chandler and his contemporaries. On the escapism scale, these men with their stories of tough-talking detectives taking on murderers and other criminals, law enforcement officers, and the occasional femme fatale, were certainly a sharp upgrade from C.S. Lewis and the Chronicles of Narnia. After reading the works written by the pioneers of the hardboiled and roman noir traditions, I looked to other American authors such as Edgar Allan Poe who, in the mid-1800s, became the father of the modern detective story, and Thorne Smith who, in the 1920s and 1930s, produced magical realist tales with characters who often chose to dabble on the wrong side of the law. This led me to the works of British crime writers including Arthur Conan Doyle, Agatha Christie, and Dorothy L. Sayers. My personal library then became dominated by Australian writers of crime fiction, from the stories of bushrangers and convicts of the Colonial era to contemporary tales of police and private investigators. There have been various attempts to “improve” or “refine” my tastes: to convince me that serious literature is real reading and frivolous fiction is merely a distraction. Certainly, the reading of those novels, often described as classics, provide perfect combinations of beauty and brilliance. Their narratives, however, do not often result in satisfactory endings. This routinely frustrates me because, while I understand the philosophical frameworks that many writers operate within, I believe the characters of such works are too often treated unfairly in the final pages. For example, at the end of Ernest Hemingway’s A Farewell to Arms, Frederick Henry “left the hospital and walked back to the hotel in the rain” after his son is stillborn and “Mrs Henry” becomes “very ill” and dies (292–93). Another example can be found on the last page of George Orwell’s Nineteen Eighty-Four when Winston Smith “gazed up at the enormous face” and he realised that he “loved Big Brother” (311). Endings such as these provide a space for reflection about the world around us but rarely spark an immediate response of how great that world is to live in (Franks Motive). The subject matter of crime fiction does not easily facilitate fairy-tale finishes, yet, people continue to read the genre because, generally, the concluding chapter will show that justice, of some form, will be done. Punishment will be meted out to the ‘bad characters’ that have broken society’s moral or legal laws; the ‘good characters’ may experience hardships and may suffer but they will, generally, prevail. Crime Fiction: A Taste For Justice Superimposed upon Auden’s parameters around crime fiction, are his ideas of the law in the real world and how such laws are interwoven with the Christian-based system of ethics. This can be seen in Auden’s listing of three classes of crime: “(a) offenses against God and one’s neighbor or neighbors; (b) offenses against God and society; (c) offenses against God” (407). Murder, in Auden’s opinion, is a class (b) offense: for the crime fiction novel, the society reflected within the story should be one in “a state of grace, i.e., a society where there is no need of the law, no contradiction between the aesthetic individual and the ethical universal, and where murder, therefore, is the unheard-of act which precipitates a crisis” (408). Additionally, in the crime novel “as in its mirror image, the Quest for the Grail, maps (the ritual of space) and timetables (the ritual of time) are desirable. Nature should reflect its human inhabitants, i.e., it should be the Great Good Place; for the more Eden-like it is, the greater the contradiction of murder” (408). Thus, as Charles J. Rzepka notes, “according to W.H. Auden, the ‘classical’ English detective story typically re-enacts rites of scapegoating and expulsion that affirm the innocence of a community of good people supposedly ignorant of evil” (12). This premise—of good versus evil—supports Auden’s claim that the punishment of wrongdoers, particularly those who claim the “right to be omnipotent” and commit murder (409), should be swift and final: As to the murderer’s end, of the three alternatives—execution, suicide, and madness—the first is preferable; for if he commits suicide he refuses to repent, and if he goes mad he cannot repent, but if he does not repent society cannot forgive. Execution, on the other hand, is the act of atonement by which the murderer is forgiven by society (409). The unilateral endorsem*nt of state-sanctioned murder is problematic, however, because—of the main justifications for punishment: retribution; deterrence; incapacitation; and rehabilitation (Carter Snead 1245)—punishment, in this context, focuses exclusively upon retribution and deterrence, incapacitation is achieved by default, but the idea of rehabilitation is completely ignored. This, in turn, ignores how the reading of crime fiction can be incorporated into a broader popular discourse on punishment and how a taste for crime fiction and a taste for justice are inextricably intertwined. One of the ways to explore the connection between crime fiction and justice is through the lens of Emile Durkheim’s thesis on the conscience collective which proposes punishment is a process allowing for the demonstration of group norms and the strengthening of moral boundaries. David Garland, in summarising this thesis, states: So although the modern state has a near monopoly of penal violence and controls the administration of penalties, a much wider population feels itself to be involved in the process of punishment, and supplies the context of social support and valorization within which state punishment takes place (32). It is claimed here that this “much wider population” connecting with the task of punishment can be taken further. Crime fiction, above all other forms of literary production, which, for those who do not directly contribute to the maintenance of their respective legal systems, facilitates a feeling of active participation in the penalising of a variety of perpetrators: from the issuing of fines to incarceration (Franks Punishment). Crime fiction readers are therefore, temporarily at least, direct contributors to a more stable society: one that is clearly based upon right and wrong and reliant upon the conscience collective to maintain and reaffirm order. In this context, the reader is no longer alone, with only their crime fiction novel for company, but has become an active member of “a moral framework which binds individuals to each other and to its conventions and institutions” (Garland 51). This allows crime fiction, once viewed as a “vice” (Wilson 395) or an “addiction” (Auden 406), to be seen as playing a crucial role in the preservation of social mores. It has been argued “only the most literal of literary minds would dispute the claim that fictional characters help shape the way we think of ourselves, and hence help us articulate more clearly what it means to be human” (Galgut 190). Crime fiction focuses on what it means to be human, and how complex humans are, because stories of murders, and the men and women who perpetrate and solve them, comment on what drives some people to take a life and others to avenge that life which is lost and, by extension, engages with a broad community of readers around ideas of justice and punishment. It is, furthermore, argued here that the idea of the story is one of the more important doorways for crime fiction and, more specifically, the conclusions that these stories, traditionally, offer. For Auden, the ending should be one of restoration of the spirit, as he suspected that “the typical reader of detective stories is, like myself, a person who suffers from a sense of sin” (411). In this way, the “phantasy, then, which the detective story addict indulges is the phantasy of being restored to the Garden of Eden, to a state of innocence, where he may know love as love and not as the law” (412), indicating that it was not necessarily an accident that “the detective story has flourished most in predominantly Protestant countries” (408). Today, modern crime fiction is a “broad church, where talented authors raise questions and cast light on a variety of societal and other issues through the prism of an exciting, page-turning story” (Sisterson). Moreover, our tastes in crime fiction have been tempered by a growing fear of real crime, particularly murder, “a crime of unique horror” (Hitchens 200). This has seen some readers develop a taste for crime fiction that is not produced within a framework of ecclesiastical faith but is rather grounded in reliance upon those who enact punishment in both the fictional and real worlds. As P.D. James has written: [N]ot by luck or divine intervention, but by human ingenuity, human intelligence and human courage. It confirms our hope that, despite some evidence to the contrary, we live in a beneficent and moral universe in which problems can be solved by rational means and peace and order restored from communal or personal disruption and chaos (174). Dorothy L. Sayers, despite her work to legitimise crime fiction, wrote that there: “certainly does seem a possibility that the detective story will some time come to an end, simply because the public will have learnt all the tricks” (108). Of course, many readers have “learnt all the tricks”, or most of them. This does not, however, detract from the genre’s overall appeal. We have not grown bored with, or become tired of, the formula that revolves around good and evil, and justice and punishment. Quite the opposite. Our knowledge of, as well as our faith in, the genre’s “tricks” gives a level of confidence to readers who are looking for endings that punish murderers and other wrongdoers, allowing for more satisfactory conclusions than the, rather depressing, ends given to Mr. Henry and Mr. Smith by Ernest Hemingway and George Orwell noted above. Conclusion For some, the popularity of crime fiction is a curious case indeed. When Penguin and Collins published the Marsh Million—100,000 copies each of 10 Ngaio Marsh titles in 1949—the author’s relief at the success of the project was palpable when she commented that “it was pleasant to find detective fiction being discussed as a tolerable form of reading by people whose opinion one valued” (172). More recently, upon the announcement that a Miles Franklin Award would be given to Peter Temple for his crime novel Truth, John Sutherland, a former chairman of the judges for one of the world’s most famous literary awards, suggested that submitting a crime novel for the Booker Prize would be: “like putting a donkey into the Grand National”. Much like art, fashion, food, and home furnishings or any one of the innumerable fields of activity and endeavour that are subject to opinion, there will always be those within the world of fiction who claim positions as arbiters of taste. Yet reading is intensely personal. I like a strong, well-plotted story, appreciate a carefully researched setting, and can admire elegant language, but if a character is too difficult to embrace—if I find I cannot make an emotional connection, if I find myself ambivalent about their fate—then a book is discarded as not being to my taste. It is also important to recognise that some tastes are transient. Crime fiction stories that are popular today could be forgotten tomorrow. Some stories appeal to such a broad range of tastes they are immediately included in the crime fiction canon. Yet others evolve over time to accommodate widespread changes in taste (an excellent example of this can be seen in the continual re-imagining of the stories of Sherlock Holmes). Personal tastes also adapt to our experiences and our surroundings. A book that someone adores in their 20s might be dismissed in their 40s. A storyline that was meaningful when read abroad may lose some of its magic when read at home. Personal events, from a change in employment to the loss of a loved one, can also impact upon what we want to read. Similarly, world events, such as economic crises and military conflicts, can also influence our reading preferences. Auden professed an almost insatiable appetite for crime fiction, describing the reading of detective stories as an addiction, and listed a very specific set of criteria to define the Whodunit. Today, such self-imposed restrictions are rare as, while there are many rules for writing crime fiction, there are no rules for reading this (or any other) genre. People are, generally, free to choose what, where, when, why, and how they read crime fiction, and to follow the deliberate or whimsical paths that their tastes may lay down for them. Crime fiction writers, past and present, offer: an incredible array of detective stories from the locked room to the clue puzzle; settings that range from the English country estate to city skyscrapers in glamorous locations around the world; numerous characters from cerebral sleuths who can solve a crime in their living room over a nice, hot cup of tea to weapon wielding heroes who track down villains on foot in darkened alleyways; and, language that ranges from the cultured conversations from the novels of the genre’s Golden Age to the hard-hitting terminology of forensic and legal procedurals. Overlaid on these appeal factors is the capacity of crime fiction to feed a taste for justice: to engage, vicariously at least, in the establishment of a more stable society. Of course, there are those who turn to the genre for a temporary distraction, an occasional guilty pleasure. There are those who stumble across the genre by accident or deliberately seek it out. There are also those, like Auden, who are addicted to crime fiction. So there are corpses for the conservative and dead bodies for the bloodthirsty. There is, indeed, a murder victim, and a murder story, to suit every reader’s taste. References Auden, W.H. “The Guilty Vicarage: Notes on The Detective Story, By an Addict.” Harper’s Magazine May (1948): 406–12. 1 Dec. 2013 ‹http://www.harpers.org/archive/1948/05/0033206›. Carter Snead, O. “Memory and Punishment.” Vanderbilt Law Review 64.4 (2011): 1195–264. Cawelti, John G. Adventure, Mystery and Romance: Formula Stories as Art and Popular Culture. Chicago: U of Chicago P, 1976/1977. Chandler, Raymond. The Big Sleep. London: Penguin, 1939/1970. ––. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Christie, Agatha. The Mysterious Affair at Styles. London: HarperCollins, 1920/2007. Cole, Cathy. Private Dicks and Feisty Chicks: An Interrogation of Crime Fiction. Fremantle: Curtin UP, 2004. Derrida, Jacques. “The Law of Genre.” Glyph 7 (1980): 202–32. Franks, Rachel. “May I Suggest Murder?: An Overview of Crime Fiction for Readers’ Advisory Services Staff.” Australian Library Journal 60.2 (2011): 133–43. ––. “Motive for Murder: Reading Crime Fiction.” The Australian Library and Information Association Biennial Conference. Sydney: Jul. 2012. ––. “Punishment by the Book: Delivering and Evading Punishment in Crime Fiction.” Inter-Disciplinary.Net 3rd Global Conference on Punishment. Oxford: Sep. 2013. Freeman, R.A. “The Art of the Detective Story.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1924/1947. 7–17. Galgut, E. “Poetic Faith and Prosaic Concerns: A Defense of Suspension of Disbelief.” South African Journal of Philosophy 21.3 (2002): 190–99. Garland, David. Punishment and Modern Society: A Study in Social Theory. Chicago: U of Chicago P, 1993. Hemingway, Ernest. A Farewell to Arms. London: Random House, 1929/2004. ––. in R. Chandler. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Hitchens, P. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003. James, P.D. Talking About Detective Fiction. New York: Alfred A. Knopf, 2009. Knight, Stephen. Crime Fiction since 1800: Death, Detection, Diversity, 2nd ed. New York: Palgrave Macmillian, 2010. Knox, Ronald A. “Club Rules: The 10 Commandments for Detective Novelists, 1928.” Ronald Knox Society of North America. 1 Dec. 2013 ‹http://www.ronaldknoxsociety.com/detective.html›. Malmgren, C.D. “Anatomy of Murder: Mystery, Detective and Crime Fiction.” Journal of Popular Culture Spring (1997): 115–21. Maloney, Shane. The Murray Whelan Trilogy: Stiff, The Brush-Off and Nice Try. Melbourne: Text Publishing, 1994/2008. Marsh, Ngaio in J. Drayton. Ngaio Marsh: Her Life in Crime. Auckland: Harper Collins, 2008. Orwell, George. Nineteen Eighty-Four. London: Penguin Books, 1949/1989. Roland, Susan. From Agatha Christie to Ruth Rendell: British Women Writers in Detective and Crime Fiction. London: Palgrave, 2001. Rzepka, Charles J. Detective Fiction. Cambridge: Polity, 2005. Sayers, Dorothy L. “The Omnibus of Crime.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 71–109. Scaggs, John. Crime Fiction: The New Critical Idiom. London: Routledge, 2005. Sisterson, C. “Battle for the Marsh: Awards 2013.” Black Mask: Pulps, Noir and News of Same. 1 Jan. 2014 http://www.blackmask.com/category/awards-2013/ Sutherland, John. in A. Flood. “Could Miles Franklin turn the Booker Prize to Crime?” The Guardian. 1 Jan. 2014 ‹http://www.guardian.co.uk/books/2010/jun/25/miles-franklin-booker-prize-crime›. Van Dine, S.S. “Twenty Rules for Writing Detective Stories.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 189-93. Wilson, Edmund. “Who Cares Who Killed Roger Ackroyd.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1944/1947. 390–97. Wyatt, N. “Redefining RA: A RA Big Think.” Library Journal Online. 1 Jan. 2014 ‹http://lj.libraryjournal.com/2007/07/ljarchives/lj-series-redefining-ra-an-ra-big-think›. Zunshine, Lisa. Why We Read Fiction: Theory of Mind and the Novel. Columbus: Ohio State UP, 2006.

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IntroductionIn 1802 George Howe (1769-1821), the recently appointed Government Printer, published Australia’s first book. The following year he established Australia’s first newspaper; an enterprise that ran counter to all the environmental factors of the day, including: 1) issues of logistics and a lack of appropriate equipment and basic materials to produce a regularly issued newspaper; 2) issues resulting from the very close supervision of production and the routine censorship by the Governor; and 3) issues associated with the colony’s primary purposes as a military outpost and as a penal settlement, creating conflicts between very different readerships. The Sydney Gazette was, critically for Howe, the only newspaper in the infant city for over two decades. Alternative voices would not enter the field of printed media until the 1820s and 1830s. This article briefly explores the birth of an Australian industry and looks at how a very modest newspaper overcame a range of serious challenges to ignite imaginations and lay a foundation for media empires.Government Printer The first book published in Australia was the New South Wales General Standing Orders and General Orders (1802), authorised by Governor Philip Gidley King for the purposes of providing a convenient, single-volume compilation of all Government Orders, issued in New South Wales, between 1791 and 1802. (As the Australian character has been described as “egalitarian, anti-authoritarian and irreverent” [D. Jones 690], it is fascinating that the nation’s first published book was a set of rules.) Prescribing law, order and regulation for the colony the index reveals the desires of those charged with the colony’s care and development, to contain various types of activities. The rules for convicts were, predictably, many. There were also multiple orders surrounding administration, animal husbandry as well as food stuffs and other stores. Some of the most striking headings in the index relate to crime. For example, in addition to headings pertaining to courts there are also headings for a broad range of offences from: “BAD Characters” to “OFFENSIVE Weapons – Again[s]t concealing” (i-xii). The young colony, still in its teenage years, was, for the short-term, very much working on survival and for the long-term developing ambitious plans for expansion and trade. It was clear though, through this volume, that there was no forgetting the colony of New South Wales was first, and foremost, a penal settlement which also served as a military outpost. Clear, too, was the fact that not all of those who were shipped out to the new colony were prepared to abandon their criminal careers which “did not necessarily stop with transportation” (Foyster 10). Containment and recidivism were matters of constant concern for the colony’s authorities. Colonial priorities could be seen in the fact that, when “Governor Arthur Phillip brought the first convicts (548 males and 188 females) to Port Jackson on 26 January 1788, he also brought a small press for printing orders, rules, and regulations” (Goff 103). The device lay dormant on arrival, a result of more immediate concerns to feed and house all those who made up the First Fleet. It would be several years before the press was pushed into sporadic service by the convict George Hughes for printing miscellaneous items including broadsides and playbills as well as for Government Orders (“Hughes, George” online). It was another convict (another man named George), convicted at the Warwick Assizes on March 1799 (Ferguson vi) then imprisoned and ultimately transported for shoplifting (Robb 15), who would transform the small hand press into an industry. Once under the hand of George Howe, who had served as a printer with several London newspapers including The Times (Sydney Gazette, “Never” 2) – the printing press was put to much more regular use. In these very humble circ*mstances, Australia’s great media tradition was born. Howe, as the Government Printer, transformed the press from a device dedicated to ephemera as well as various administrative matters into a crucial piece of equipment that produced the new colony’s first newspaper. Logistical Challenges Governor King, in the year following the appearance of the Standing Orders, authorised the publishing of Australia’s first newspaper, The Sydney Gazette and New South Wales Advertiser. The publication history of The Sydney Gazette, in a reflection of some of the challenges faced by the printer, is erratic. First published on a Saturday from 5 March 1803, it quickly changed to a Sunday paper from 10 April 1803. Interestingly, Sunday “was not an approved day for the publication of newspapers, and although some English publishers had been doing so since about 1789, Sunday papers were generally frowned upon” (Robb 58). Yet, as argued by Howe a Sunday print run allowed for the inclusion of “the whole of the Ship News, and other Incidental Matter, for the preceeding week” (Sydney Gazette, “To the Public” 1).The Sydney Gazette and New South Wales Advertiser Vol. 1, No. 1, 5 March 1803 (Front Page)Call Number DL F8/50, Digital ID a345001, State Library of New South WalesPublished weekly until 1825, then bi-weekly until 1827 before coming out tri-weekly until 20 October 1842 (Holden 14) there were some notable pauses in production. These included one in 1807 (Issue 214, 19 April-Issue 215, 7 June) and one in 1808-1809 (Issue 227, 30 August-Issue 228, 15 May) due to a lack of paper, with the latter pause coinciding with the Rum Rebellion and the end of William Bligh’s term as Governor of New South Wales (see: Karskens 186-88; Mundle 323-37). There was, too, a brief attempt at publishing as a daily from 1 January 1827 which lasted only until 10 February of that year when the title began to appear tri-weekly (Kirkpatrick online; Holden 14). There would be other pauses, including one of two weeks, shortly before the final issue was produced on 20 October 1842. There were many problems that beset The Sydney Gazette with paper shortages being especially challenging. Howe regularly advertised for: “any quantity” of Spanish paper (e.g.: Sydney Gazette, “Wanted to Purchase” 4) and needing to be satisfied “with a variety of size and colour” (P.M. Jones 39). In addition, the procurement of ink was so difficult in the colony, that Howe often resorted to making his own out of “charcoal, gum and shark oil” (P.M. Jones 39).The work itself was physically demanding and papers printed during this period, by hand, required a great deal of effort with approximately “250 sheets per hour … [the maximum] produced by a printer and his assistant” (Robb 8). The printing press itself was inadequate and the subject of occasional repairs (Sydney Gazette, “We Have” 2). Type was also a difficulty. As Gwenda Robb explains, traditionally six sets of an alphabet were supplied to a printer with extras for ‘a’, ‘e’, ‘r’ and ‘t’ as well as ‘s’. Without ample type Howe was required to improvise as can be seen in using a double ‘v’ to create a ‘w’ and an inverted ‘V’ to represent a capital ‘A’ (50, 106). These quirky work arounds, combined with the use of the long-form ‘s’ (‘∫’) for almost a full decade, can make The Sydney Gazette a difficult publication for modern readers to consume. Howe also “carried the financial burden” of the paper, dependent, as were London papers of the late eighteenth century, on advertising (Robb 68, 8). Howe also relied upon subscriptions for survival, with the collection of payments often difficult as seen in some subscribers being two years, or more, in arrears (e.g.: Sydney Gazette, “Sydney Gazette” 1; Ferguson viii; P.M. Jones 38). Governor Lachlan Macquarie granted Howe an annual salary, in 1811, of £60 (Byrnes 557-559) offering some relief, and stability, for the beleaguered printer.Gubernatorial Supervision Governor King wrote to Lord Hobart (then Secretary of State for War and the Colonies), on 9 May 1803: it being desirable that the settlers and inhabitants at large should be benefitted by useful information being dispersed among them, I considered that a weekly publication would greatly facilitate that design, for which purpose I gave permission to an ingenious man, who manages the Government printing press, to collect materials weekly, which, being inspected by an officer, is published in the form of a weekly newspaper, copies of which, as far as they have been published, I have the honor to enclose. (85)In the same letter, King wrote: “to the list of wants I have added a new fount of letters which may be procured for eight or ten pounds, sufficient for our purpose, if approved of” (85). King’s motivations were not purely altruistic. The population of the colony was growing in Sydney Cove and in the outlying districts, thus: “there was an increasing administrative need for information to be disseminated in a more accessible form than the printed handbills of government orders” (Robb 49). There was, however, a need for the administration to maintain control and the words “Published By Authority”, appearing on the paper’s masthead, were a constant reminder to the printer that The Sydney Gazette was “under the censorship of the Secretary to the Governor, who examined all proofs” (Ferguson viii). The high level of supervision, worked in concert with the logistical difficulties described above, ensured the newspaper was a source of great strain and stress. All for the meagre reward of “6d per copy” (Ferguson viii). This does not diminish Howe’s achievement in establishing a newspaper, an accomplishment outlined, with some pride, in an address printed on the first page of the first issue:innumerable as the Obstacles were which threatened to oppose our Undertaking, yet we are happy to affirm that they were not insurmountable, however difficult the task before us.The utility of a PAPER in the COLONY, as it must open a source of solid information, will, we hope, be universally felt and acknowledged. (Sydney Gazette, “Address” 1)Howe carefully kept his word and he “wrote nothing like a signature editorial column, nor did he venture his personal opinions, conscious always of the powers of colonial officials” (Robb 72). An approach to reportage he passed to his eldest son and long-term assistant, Robert (1795-1829), who later claimed The Sydney Gazette “reconciled in one sheet the merits of the London Gazette in upholding the Government and the London Times in defending the people” (Walker 10). The censorship imposed on The Sydney Gazette, by the Governor, was lifted in 1824 (P.M. Jones 40), when the Australian was first published without permission: Governor Thomas Brisbane did not intervene in the new enterprise. The appearance of unauthorised competition allowed Robert Howe to lobby for the removal of all censorship restrictions on The Sydney Gazette, though he was careful to cite “greater dispatch and earlier publication, not greater freedom of expression, as the expected benefit” (Walker 6). The sudden freedom was celebrated, and still appreciated many years after it was given:the Freedom of the Press has now been in existence amongst us on the verge of four years. In October 1824, we addressed a letter to the Colonial Government, fervently entreating that those shackles, under which the Press had long laboured, might be removed. Our prayer was attended to, and the Sydney Gazette, feeling itself suddenly introduced to a new state of existence, demonstrated to the Colonists the capabilities that ever must flow from the spontaneous exertions of Constitutional Liberty. (Sydney Gazette, “Freedom” 2)Early Readerships From the outset, George Howe presented a professional publication. The Sydney Gazette was formatted into three columns with the front page displaying a formal masthead featuring a scene of Sydney and the motto “Thus We Hope to Prosper”. Gwenda Robb argues the woodcut, the first produced in the colony, was carved by John W. Lewin who “had plenty of engraving skills” and had “returned to Sydney [from a voyage to Tahiti] in December 1802” (51) while Roger Butler has suggested that “circ*mstances point to John Austin who arrived in Sydney in 1800” as being the engraver (91). The printed text was as vital as the visual supports and every effort was made to present full accounts of colonial activities. “As well as shipping and court news, there were agricultural reports, religious homilies, literary extracts and even original poetry written by Howe himself” (Blair 450). These items, of course, sitting alongside key Government communications including General Orders and Proclamations.Howe’s language has been referred to as “florid” (Robb 52), “authoritative and yet filled with deference for all authority, pompous in a stiff, affected eighteenth century fashion” (Green 10) and so “some of Howe’s readers found the Sydney Gazette rather dull” (Blair 450). Regardless of any feelings towards authorial style, circulation – without an alternative – steadily increased with the first print run in 1802 being around 100 copies but by “the early 1820s, the newspaper’s production had grown to 300 or 400 copies” (Blair 450).In a reflection of the increasing sophistication of the Sydney-based reader, George Howe, and Robert Howe, would also publish some significant, stand-alone, texts. These included several firsts: the first natural history book printed in the colony, Birds of New South Wales with their Natural History (1813) by John W. Lewin (praised as a text “printed with an elegant and classical simplicity which makes it the highest typographical achievement of George Howe” [Wantrup 278]); the first collection of poetry published in the colony First Fruits of Australian Poetry (1819) by Barron Field; the first collection of poetry written by a Australian-born author, Wild Notes from the Lyre of a Native Minstrel (1826) by Charles Tompson; and the first children’s book A Mother’s Offering to Her Children: By a Lady, Long Resident in New South Wales (1841) by Charlotte Barton. The small concern also published mundane items such as almanacs and receipt books for the Bank of New South Wales (Robb 63, 72). All against the backdrop of printing a newspaper.New Voices The Sydney Gazette was Australia’s first newspaper and, critically for Howe, the only newspaper for over two decades. (A second paper appeared in 1810 but the Derwent Star and Van Diemen’s Land Intelligencer, which only managed twelve issues, presented no threat to The Sydney Gazette.) No genuine, local rival entered the field until 1824, when the Australian was founded by barristers William Charles Wentworth and Robert Wardell. The Monitor debuted in 1826, followed the Sydney Herald in 1831 and the Colonist in 1835 (P.M. Jones 38). It was the second title, the Australian, with a policy that asserted articles to be: “Independent, yet consistent – free, yet not licentious – equally unmoved by favours and by fear” (Walker 6), radically changed the newspaper landscape. The new paper made “a strong point of its independence from government control” triggering a period in which colonial newspapers “became enmeshed with local politics” (Blair 451). This new age of opinion reflected how fast the colony was evolving from an antipodean gaol into a complex society. Also, two papers, without censorship restrictions, without registration, stamp duties or advertisem*nt duties meant, as pointed out by R.B. Walker, that “in point of law the Press in the remote gaol of exile was now freer than in the country of origin” (6). An outcome George Howe could not have predicted as he made the long journey, as a convict, to New South Wales. Of the early competitors, the only one that survives is the Sydney Herald (The Sydney Morning Herald from 1842), which – founded by immigrants Alfred Stephens, Frederick Stokes and William McGarvie – claims the title of Australia’s oldest continuously published newspaper (Isaacs and Kirkpatrick 4-5). That such a small population, with so many pressing issues, factions and political machinations, could support a first newspaper, then competitors, is a testament to the high regard, with which newspaper reportage was held. Another intruder would be The Government Gazette. Containing only orders and notices in the style of the London Gazette (McLeay 1), lacking any news items or private advertisem*nts (Walker 19), it was first issued on 7 March 1832 (and continues, in an online format, today). Of course, Government orders and other notices had news value and newspaper proprietors could bid for exclusive rights to produce these notices until a new Government Printer was appointed in 1841 (Walker 20).Conclusion George Howe, an advocate of “reason and common sense” died in 1821 placing The Sydney Gazette in the hands of his son who “fostered religion” (Byrnes 557-559). Robert Howe, served as editor, experiencing firsthand the perils and stresses of publishing, until he drowned in a boating accident in Sydney Harbour, in 1829 leaving the paper to his widow Ann Howe (Blair 450-51). The newspaper would become increasingly political leading to controversy and financial instability; after more changes in ownership and in editorial responsibility, The Sydney Gazette, after almost four decades of delivering the news – as a sole voice and then as one of several alternative voices – ceased publication in 1842. During a life littered with personal tragedy, George Howe laid the foundation stone for Australia’s media empires. His efforts, in extraordinary circ*mstances and against all environmental indicators, serve as inspiration to newspapers editors, proprietors and readers across the country. He established the Australian press, an institution that has been described asa profession, an art, a craft, a business, a quasi-public, privately owned institution. It is full of grandeurs and faults, sublimities and pettinesses. It is courageous and timid. It is fallible. It is indispensable to the successful on-going of a free people. (Holden 15)George Howe also created an artefact of great beauty. The attributes of The Sydney Gazette are listed, in a perfunctory manner, in most discussions of the newspaper’s history. The size of the paper. The number of columns. The masthead. The changes seen across 4,503 issues. Yet, consistently overlooked, is how, as an object, the newspaper is an exquisite example of the printed word. There is a physicality to the paper that is in sharp contrast to contemporary examples of broadsides, tabloids and online publications. Concurrently fragile and robust: its translucent sheets and mottled print revealing, starkly, the problems with paper and ink; yet it survives, in several collections, over two centuries since the first issue was produced. The elegant layout, the glow of the paper, the subtle crackling sound as the pages are turned. The Sydney Gazette and New South Wales Advertiser is an astonishing example of innovation and perseverance. It provides essential insights into Australia’s colonial era. It is a metonym for making words matter. AcknowledgementsThe author offers her sincere thanks to Geoff Barker, Simon Dwyer and Peter Kirkpatrick for their comments on an early draft of this paper. The author is also grateful to Bridget Griffen-Foley for engaging in many conversations about Australian newspapers. ReferencesBlair, S.J. “Sydney Gazette and New South Wales Advertiser.” A Companion to the Australian Media. Ed. Bridget Griffen-Foley. North Melbourne: Australian Scholarly Publishing, 2014.Butler, Roger. Printed Images in Colonial Australia 1801-1901. Canberra: National Gallery of Australia, 2007.Byrnes, J.V. “Howe, George (1769–1821).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 557-559. Ferguson, J.A. “Introduction.” The Sydney Gazette and New South Wales Advertiser: A Facsimile Reproduction of Volume One, March 5, 1803 to February 26, 1804. Sydney: The Trustees of the Public Library of New South Wales in Association with Angus & Robertson, 1963. v-x. Foyster, Elizabeth. “Introduction: Newspaper Reporting of Crime and Justice.” Continuity and Change 22.1 (2007): 9-12.Goff, Victoria. “Convicts and Clerics: Their Roles in the Infancy of the Press in Sydney, 1803-1840.” Media History 4.2 (1998): 101-120.Green, H.M. “Australia’s First Newspaper.” Sydney Morning Herald, 11 Apr. 1935: 10.Holden, W. Sprague. Australia Goes to Press. Detroit: Wayne State UP, 1961. “Hughes, George (?–?).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 562. Isaacs, Victor, and Rod Kirkpatrick. Two Hundred Years of Sydney Newspapers. Richmond: Rural Press, 2003. Jones, Dorothy. “Humour and Satire (Australia).” Encyclopedia of Post-Colonial Literatures in English. 2nd ed. Eds. Eugene Benson and L.W. Conolly. London: Routledge, 2005. 690-692.Jones, Phyllis Mander. “Australia’s First Newspaper.” Meanjin 12.1 (1953): 35-46. Karskens, Grace. The Colony: A History of Early Sydney. Crows Nest: Allen & Unwin, 2010. King, Philip Gidley. “Letter to Lord Hobart, 9 May 1803.” Historical Records of Australia, Series 1, Governors’ Despatches to and from England, Volume IV, 1803-1804. Ed. Frederick Watson. Sydney: Library Committee of the Commonwealth Parliament, 1915.Kirkpatrick, Rod. Press Timeline: 1802 – 1850. Canberra: National Library of Australia, 2011. 6 Jan. 2017 <https://www.nla.gov.au/content/press-timeline-1802-1850>. McLeay, Alexander. “Government Notice.” The New South Wales Government Gazette 1 (1832): 1. Mundle, R. Bligh: Master Mariner. Sydney: Hachette, 2016.New South Wales General Standing Orders and General Orders: Selected from the General Orders Issued by Former Governors, from the 16th of February, 1791, to the 6th of September, 1800. Also, General Orders Issued by Governor King, from the 28th of September, 1800, to the 30th of September, 1802. Sydney: Government Press, 1802. Robb, Gwenda. George Howe: Australia’s First Publisher. Kew: Australian Scholarly Publishing, 2003.Spalding, D.A. Collecting Australian Books: Notes for Beginners. 1981. Mawson: D.A. Spalding, 1982. The Sydney Gazette and New South Wales Advertiser. “Address.” 5 Mar. 1803: 1.———. “To the Public.” 2 Apr. 1803: 1.———. “Wanted to Purchase.” 26 June 1803: 4.———. “We Have the Satisfaction to Inform Our Readers.” 3 Nov. 1810: 2. ———. “Sydney Gazette.” 25 Dec. 1819: 1. ———. “The Freedom of the Press.” 29 Feb. 1828: 2.———. “Never Did a More Painful Task Devolve upon a Public Writer.” 3 Feb. 1829: 2. Walker, R.B. The Newspaper Press in New South Wales, 1803-1920. Sydney: Sydney UP, 1976.Wantrup, Johnathan. Australian Rare Books: 1788-1900. Sydney: Hordern House, 1987.