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Can a 10-year-old be responsible for a crime? Here’s what brain science tells us

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/susan-m-sawyer-109573">Susan M. Sawyer</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> and <a href="https://theconversation.com/profiles/nandi-vijayakumar-1644262">Nandi Vijayakumar</a>, <a href="https://theconversation.com/institutions/deakin-university-757">Deakin University</a> The age a child can be arrested, charged and jailed in Australia is back in the spotlight. Last year, the Northern Territory became the first jurisdiction to raise the age of criminal responsibility from ten to 12. Now its new, tough-on-crime government has pledged to <a href="https://www.sbs.com.au/nitv/article/incoming-chief-minister-says-age-of-criminal-responsibility-to-be-lowered-to-10-years-old/a1xm9jy9c">return it to ten</a>. It comes after Victoria <a href="https://www.abc.net.au/news/2024-08-13/victoria-youth-justice-reform-criminal-age/104217160">walked back</a> its earlier commitment to raise the age to 14, settling instead on 12. But the United Nations Committee on the Rights of the Child says 14 should be the absolute <a href="https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-24-2019-childrens-rights-child">minimum</a>. It raised this age from its earlier recommendation (in 2007) of 12, citing a decade of new research into child and adolescent development. So what does the science say? What happens to the brain between ten and 14? And how much can those under 14 understand the consequences of their actions? <h2>Who is an adolescent?</h2> Our research shows adolescence is a <a href="https://pubmed.ncbi.nlm.nih.gov/30169257/">critical period</a> for development. It’s the time children’s experiences and explorations shape how they develop cognitive skills (including critical thinking and decision making), as well as social and emotional skills (including moral reasoning). Adolescence also lasts longer than we tend to think. Important brain development begins during late childhood, around eight to nine years. Intense changes then follow during early adolescence (ages ten to 14). But these changes continue well into the twenties, and full cognitive and emotional maturity is not usually reached until around age 24. However, everyone’s brain matures at a different rate. That means there is no definitive age we can say humans reach “adult” levels of cognitive maturity. What we do know is the period of early adolescence is critical. <h2>What does puberty do to the brain?</h2> Puberty is a defining feature of early adolescence. Most of us are familiar with the changes that occur to the body and reproductive systems. But the increase in puberty hormones, such as testosterone and oestrogen, also trigger changes to the brain. These hormones <a href="https://www.sciencedirect.com/science/article/abs/pii/S0306453017313252?via%3Dihub">increase most sharply</a> between ten and 15 years of age, although gradual changes continue into the early twenties. Puberty hormones change the structures in the brain which process emotions, including the amygdala (which encodes fear and stress) and ventral striatum (involved in reward and motivation). This makes adolescents particularly reactive to emotional rewards and threats. <a href="https://doi.org/10.1016/j.cortex.2019.04.024">Our research</a> has shown the brain’s sensitivity to emotions increases throughout early adolescence until around 14 or 15 years old. At the same time, changes in puberty have <a href="http://dx.doi.org/10.1037/pspp0000172">been linked</a> to increased sensation seeking and impulsive behaviours during early adolescence. This context is crucial when we discuss the behaviour of children in the ten to 14 age range. The way their brains change during this period makes them more sensitive and responsive to emotions, and more likely to be seeking experiences that are new and intense. <h2>How do adolescents make decisions?</h2> The emotional context of puberty influences how younger adolescents make decisions and understand their consequences. Decision making relies on several basic cognitive functions, including the brain’s flexibility, memory and ability to control impulses. These cognitive abilities – which together help us consider the consequences of our actions – undergo some of the <a href="https://doi.org/10.1523/JNEUROSCI.1741-13.2013">steepest development</a> between ages ten and 14. By age 15, the ability to make complex decisions has usually <a href="https://doi.org/10.1037/lhb0000315">reached adult maturity</a>. But adolescents at this age remain highly susceptible to emotions. So while their brain may be equipped to make a complex decision, their ability to think through the consequences, weighing up costs and benefits, can be clouded by emotional situations. For example, <a href="https://doi.org/10.1111/cdev.12085">research has shown</a> 13-14 year-olds were more distracted from completing a task and less able to control their behaviour when they viewed images that made them feel negative emotions. The social world of teenagers also has a significant impact on how they make decisions – especially in early adolescence. One study found that while older adolescents (aged 15-18) are more influenced by what adults think when weighing up risk, adolescents aged 12-14 <a href="https://journals.sagepub.com/doi/full/10.1177/0956797615569578">look to other teenagers</a>. Experiments <a href="https://doi.org/10.1177/0272431616648453">have also shown</a> adolescents aged 12-15 make riskier decisions when they are with peers than by themselves. Their brain responses also suggest they experience a greater sense of reward in taking those risks <a href="https://doi.org/10.1093/scan/nsy071">with peers</a>. <h2>How do teens understand the consequences of their actions?</h2> The concept of <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2122/Quick_Guides/MinimumAgeCriminalResponsibility">criminal responsibility</a> is based on whether a person is able to understand their action and know whether it is wrong. Moral reasoning – how people think about right and wrong – depends on the ability to understand another person’s mental state and adopt their perspective. These skills are in development <a href="https://doi.org/10.1016/j.biopsych.2020.09.012">across adolescence</a>. Research suggests it may take more effort for adolescent brains to process <a href="https://doi.org/10.1162/jocn.2009.21121">“social” emotions</a> such as guilt and embarrassment, compared to adults. This is similar when they make <a href="https://doi.org/10.1080/17470919.2014.933714">moral judgements</a>. This evidence suggests teenage brains may have to work harder when considering other people’s intentions and desires. Young adolescents have the cognitive ability to appreciate they made a bad decision, but it is more mentally demanding. And social rewards, emotions and the chance to experience something new all have a strong bearing on their decisions and actions in the moment — possibly more than whether it is right or wrong. <h2>Early adolescence is critical for the brain</h2> There are also a number of reasons adolescent brains may develop differently. This includes various forms of neurodisability such as acquired brain injury, fetal alcohol spectrum disorder, attention-deficit hyperactivity disorder (ADHD) and intellectual disability, as well as exposure to trauma. Teenagers with neurodevelopmental disorders will likely cope differently with decision making, social pressure, impulse control and risk assessment, and face <a href="https://www.mcri.edu.au/images/research/strategic-collaborations/Flagships/Neurodevelopment/Neurodevelopment_Flagship_Brochure.pdf">extra difficulties</a>. Across the world, they are <a href="https://www.thelancet.com/journals/lanpub/article/PIIS2468-2667(19)30217-8/fulltext">disproportionately incarcerated</a>. In Australia, Indigenous children and adolescents are incarcerated <a href="https://www.indigenoushpf.gov.au/measures/2-11-contact-with-the-criminal-justice-system#:%7E:text=On%20an%20average%20day%20in%202021%E2%80%9322%2C%20there%20were%3A,AIHW%202023d%3A%20Table%20S76a">in greater numbers</a> than their non-Indigenous peers. Each child matures differently, and some face extra challenges. But for every person, the period between ten and 14 is critical for developing the cognitive, social and emotional skills they’ll carry through the rest of their life.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/237552/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/susan-m-sawyer-109573">Susan M. Sawyer</a>, Professor of Adolescent Health The University of Melbourne; Director, Royal Children's Hospital Centre for Adolescent Health, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> and <a href="https://theconversation.com/profiles/nandi-vijayakumar-1644262">Nandi Vijayakumar</a>, Research Fellow, School of Psychology, <a href="https://theconversation.com/institutions/deakin-university-757">Deakin University</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/can-a-10-year-old-be-responsible-for-a-crime-heres-what-brain-science-tells-us-237552">original article</a>. </div>

Mind

Woman launches true crime podcast to find her father's killer

21 years ago, Madison McGhee's father was shot in cold blood. Madison was just six years old when her dad, John "JC" Cornelius McGhee, died, and was originally told he had passed away from a heart attack. However, when Madison was in high school, she began to ask questions about what really happened that night. "When I was 16 I had a weird feeling that something else was going on, so I asked my mum about a weird connection between my cousin and the death of my father," Madison told <a href="https://9now.nine.com.au/today/ice-cold-case-podcaster-hoping-to-solve-fathers-21-year-murder-mystery/a873da03-0198-4e34-b65c-cc3ced6e8cca" target="_blank" rel="noopener">Today Extra</a>. "And that's when my mum told me that there was another side of the story and that my dad had actually been murdered and it was a cold case, completely unsolved." Madison's father, who was a recovering drug addict and police informant, was shot in the head in the early hours of July 11th 2002 at his home in Ohio. His 16-year-old daughter and Madison's half-sister, Alyssa, was home at the time and found her father's body on the ground with a bullet hole in a nearby wall. Police investigated his death, but failed to find any evidence that could convict someone of his murder. After Madison discovered the real nature of her father's death, she began digging into the cold case and decided to try and solve the crime herself. In her efforts to find her father's killer, she launched a podcast called Ice Cold Case. "I started asking questions, diving into it and that's when I realised it was much more layered than even I could have imagined," she said. One line of theory by investigators was that JC's death was a home invasion gone wrong, but Madison said things just don't add up to support that. "When you dive into the police files, it's very clear that this is suspicious," she said. "A home invasion to my knowledge is usually very quick and something of value is stolen, but nothing was taken and this home invasion lasted for over 30 minutes. "It just seemed suspicious that someone would feel so comfortable to break into a house and stick around for that long and not steal anything at all - it feels like it was planned and very intentional." Madison admitted that is has been jarring looking into the death of her father, especially when no one has been held accountable, but she has put her own fears aside in the hopes of finding out what really happened. "I do feel a little uneasy putting myself out there in this very public way, but I just feel like justice for my dad is so much more important than worrying about my own safety if his killer is still out there," she said. "But I really want to find out what happened for him and for my own closure, so I have sort of pushed that to the side." Image credits: Today Extra

Legal

Can Israel and Hamas be held to account for alleged crimes against civilians?

<a href="https://theconversation.com/profiles/amy-maguire-129609">Amy Maguire</a>, <a href="https://theconversation.com/institutions/university-of-newcastle-1060">University of Newcastle</a> <a href="https://www.redcross.org.au/ihl/">International humanitarian law</a> – the law of armed conflict – aims to constrain how wars are fought. It is designed to protect noncombatants and limit the means of warfare. As each hour brings news of further horror in the Israel-Hamas conflict, what role should international law be playing? And does it actually have any capacity to constrain the behaviour of the combatants? <h2>A humanitarian nightmare is unfolding</h2> On <a href="https://edition.cnn.com/2023/10/16/middleeast/israel-hamas-gaza-war-explained-week-2-mime-intl/index.html">October 7</a>, the Hamas militant group launched thousands of rockets against Israel in advance of a ground attack. Militants <a href="https://abcnews.go.com/International/live-updates/israel-gaza-hamas/?id=103804516#:%7E:text=ABC%20News%20Chief%20Global%20Affairs,war%20in%20Israel%20and%20Gaza.&text=At%20least%201%2C400%20people%20have,7%2C%20Israeli%20authorities%20said.">killed</a> more than 1,400 people and wounded 3,400 others in towns and kibbutzim across southern Israel. It was the <a href="https://theconversation.com/deadliest-day-for-jews-since-the-holocaust-spurs-a-crisis-of-confidence-in-the-idea-of-israel-and-its-possible-renewal-215507">deadliest day</a> for Jewish people since the Holocaust. Most of those killed were civilians, including many <a href="https://abcnews.go.com/International/horror-israeli-authorities-show-footage-hamas-atrocities-reporters-notebook/story?id=104015431#:%7E:text=It%20was%20part%20of%20the,injured%20in%20Israel%2C%20authorities%20said.">children</a> who were shot, blown up or burned to death. Hundreds of young people were also <a href="https://www.washingtonpost.com/world/2023/10/08/israel-festival-attack-gaza-militants/">massacred</a> at a music festival, and Hamas took around 200 <a href="https://www.reuters.com/world/middle-east/former-hamas-chief-meshaal-says-israeli-captives-include-high-ranking-officers-2023-10-16/">hostages</a> back to Gaza. Israel is responding to this attack with <a href="https://abcnews.go.com/International/live-updates/israel-gaza-hamas/?id=103804516#:%7E:text=ABC%20News%20Chief%20Global%20Affairs,war%20in%20Israel%20and%20Gaza.&text=At%20least%201%2C400%20people%20have,7%2C%20Israeli%20authorities%20said.">airstrikes</a>, which have to date <a href="https://www.wsj.com/livecoverage/israel-hamas-war-gaza-palestinians/card/latest-death-tolls-in-gaza-and-israel-xJRhBt04VQMocRuYUtsA">killed</a> at least 4,000 people in Gaza and injured thousands more. The vast majority of these casualties are Palestinian civilians. Israel has also rapidly mobilised around <a href="https://www.washingtonpost.com/world/2023/10/10/israel-military-draft-reservists/">360,000 reservists</a> in preparation for an anticipated ground offensive on Gaza. In recent days, a blast at a <a href="https://www.nytimes.com/2023/10/17/world/middleeast/gaza-hospital-explosion-israel.html">Gaza hospital</a> killed hundreds, including patients and displaced people seeking sanctuary. Hamas and several Arab states have <a href="https://www.theguardian.com/world/2023/oct/18/israel-faces-blame-from-regional-allies-over-gaza-hospital-deaths">blamed</a> Israel for the explosion, while Israel has <a href="https://www.nytimes.com/2023/10/17/world/middleeast/islamic-jihad-gaza-hospital-israel.html">blamed</a> Palestinian Islamic Jihad. The situation in Gaza is dire for people with urgent needs, including <a href="https://www.abc.net.au/news/2023-10-18/israel-gaza-war-live-updates-october-18/102989182?utm_campaign=abc_news_web&utm_content=link&utm_medium=content_shared&utm_source=abc_news_web#live-blog-post-55243">5,000 women</a> due to give birth this month and <a href="https://www.nytimes.com/2023/10/16/world/middleeast/gaza-evacuation-twin-babies-hospital.html#:%7E:text=The%20babies%2C%20Nuha%20and%20Fatin,of%20an%20Israeli%20ground%20invasion.">newborn babies</a> whose families cannot find drinking water to prepare formula. Meanwhile, Israel has <a href="https://www.theguardian.com/world/2023/oct/12/no-power-water-or-fuel-to-gaza-until-hostages-freed-says-israeli-minister">cut off</a> water, electricity and fuel supplies to Gaza and ordered a <a href="https://theconversation.com/gaza-is-being-strangled-why-israels-evacuation-order-violates-international-law-215787">total siege</a> of the territory. Israel has also ordered residents of northern Gaza to <a href="https://www.hrw.org/news/2023/10/16/why-israels-gaza-evacuation-order-so-alarming">evacuate</a> to the south. Aid agencies have been unable to provide desperately needed <a href="https://time.com/6324539/israel-gaza-humanitarian-aid-egypt-border/">humanitarian assistance</a> to civilians through the border crossing with Egypt. Prior to this latest horrific escalation, Gaza was already entrenched in a <a href="https://theconversation.com/gaza-has-been-blockaded-for-16-years-heres-what-a-complete-siege-and-invasion-could-mean-for-vital-supplies-215359">humanitarian crisis</a>. The situation now is beyond comprehension. <a href="https://www.abc.net.au/listen/programs/radionational-breakfast/gaza-610/102983118">Léo Cans</a>, the head of mission for Doctors Without Borders in Palestine, said hospitals are being overwhelmed and hundreds will die without electricity being restored: "This is something that is known and could be prevented just by letting fuel and supplies inside Gaza. What is ahead of us is beyond words […] at the end of the road it’s a big wall, and this big wall is full of dead people." <h2>Principles governing the conduct of war</h2> International humanitarian law is a pragmatic body of law. Its existence acknowledges the inevitability of armed conflict and it aims to mitigate war’s impact on people. International humanitarian law is not, in itself, concerned with the justifications for why combatants engage in war. It applies even in situations where a state is entitled to act in self-defence under broader international law. We are witnessing gross violations of fundamental humanitarian law principles in the conflict. Here are some examples: Distinction between civilians and combatants Attacks are considered <a href="https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51">unlawful</a> if they are: <ul> <li> directed specifically against civilians </li> <li> launched indiscriminately without distinction between civilians and combatants </li> <li> or directed at military targets but anticipated to cause harm to civilians disproportionate to the military advantage being sought. </li> </ul> Methods of warfare It is <a href="https://casebook.icrc.org/law/conduct-hostilities#iii_1">unlawful</a> to conduct war in a manner that causes unnecessary suffering. Attacks targeting civilians are fundamentally unnecessary and, therefore, illegal. Collective punishment The fourth Geneva Convention prohibits <a href="https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-33">collective punishment</a>: "No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited." This prohibition reflects the idea of <a href="https://guide-humanitarian-law.org/content/article/3/collective-punishment/">individual criminal responsibility</a> under international criminal law. Prosecutions for breaches of humanitarian law are directed towards individuals who can be proven responsible, rather than against states or populations. Humanitarian protection Common Article 3 of the Geneva Conventions requires <a href="https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-conventions.htm">humane protection</a> for all people in enemy hands. It prohibits murder and hostage-taking. It also requires the provision of humanitarian assistance to all people without distinction. Obligations of occupying powers It is arguable Israel is a de facto occupying power of the Gaza Strip because it has such a <a href="https://theconversation.com/gaza-is-being-strangled-why-israels-evacuation-order-violates-international-law-215787">high level of control</a> over people’s lives. For example, it has the ability to shut off supplies of essential life services. The argument Israel is occupying Gaza will be strengthened should Israel launch a ground invasion. As such, the rules of international humanitarian law on occupiers are also relevant. These include an obligation to <a href="https://ihl-databases.icrc.org/en/ihl-treaties/hague-conv-iv-1907/regulations-art-43#:%7E:text=Regulations%3A%20Art.-,43,in%20force%20in%20the%20country.">protect</a> civilians from attacks and <a href="https://humanrights.gov.au/our-work/commission-general/international-covenant-civil-and-political-rights-human-rights-your#:%7E:text=opinions%20without%20interference.-,2.,other%20media%20of%20his%20choice.">respect their human rights</a>. <h2>Hamas and humanitarian law</h2> International humanitarian law applies to all combatants, whether they are state or non-state actors. UN independent experts say Hamas has clearly committed <a href="https://www.ohchr.org/en/press-releases/2023/10/israeloccupied-palestinian-territory-un-experts-deplore-attacks-civilians">war crimes</a>, including the murders and hostage-taking of Israeli civilians. Hamas also put Palestinian civilians in harm’s way by <a href="https://www.reuters.com/world/middle-east/hamas-tells-gaza-residents-stay-home-israel-ground-offensive-looms-2023-10-13/#:%7E:text=Eyad%20Al%2DBozom%2C%20spokesman%20for,your%20homes%2C%20and%20your%20places.">telling them</a> not to evacuate to southern Gaza, as ordered by Israel. The group has a history of using civilians as <a href="https://theconversation.com/how-the-laws-of-war-apply-to-the-conflict-between-israel-and-hamas-215493">human shields</a> as a <a href="https://stratcomcoe.org/cuploads/pfiles/hamas_human_shields.pdf">strategic tool</a> in conflicts with Israel. However, holding Hamas accountable for violating international humanitarian law is very challenging. As a non-state actor, Hamas is not a member of forums like the United Nations, where pressure may be brought to bear on member states. If individual Hamas militants are apprehended, they could be charged with <a href="https://www.thenewhumanitarian.org/interview/2023/10/17/how-have-israel-and-hamas-broken-laws-war">war crimes</a> and tried in Israeli courts or the International Criminal Court. Even though Hamas is a non-state actor, <a href="https://www.icc-cpi.int/victims/state-palestine">Palestine</a> has accepted the court’s jurisdiction. In fact, the International Criminal Court opened an <a href="https://www.lawfaremedia.org/article/where-does-the-icc-palestine-investigation-stand">investigation</a> into alleged war crimes in Palestine in 2021. The current Gaza conflict would fall within the court’s mandate and could lead it to direct greater energy to that ongoing investigation. The court’s chief prosecutor, Karim Khan, said on October 13: "We have jurisdiction for any Rome Statute crimes […] committed by Palestinians in Israel and also we have clear jurisdiction for any crimes committed by the forces of Israel in Palestine." <h2>Israel and humanitarian law</h2> Israel and its allies also have a complex relationship with international humanitarian law. One key issue is Israel’s right to self-defence in response to the October 7 attack by Hamas. International law confirms a state may use force to <a href="https://casebook.icrc.org/a_to_z/glossary/self-defence#:%7E:text=Self%2Ddefense%20in%20international%20law,Charter%20and%20customary%20international%20law.">defend</a> itself in response to an armed attack. Israel, the United States and other allies <a href="https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/10/10/remarks-by-president-biden-on-the-terrorist-attacks-in-israel-2/">contend</a> the Hamas attack triggered Israel’s <a href="https://www.foreignminister.gov.au/minister/penny-wong/speech/speech-senate-hamas-attacks-israel-senate-motion-parliament-house">right to self-defence</a>. But there is a distinction to be drawn between a state’s right to self-defence and what that right permits, in the sense of how war is conducted. For example, UN independent experts have <a href="https://www.ohchr.org/en/press-releases/2023/10/israeloccupied-palestinian-territory-un-experts-deplore-attacks-civilians">condemned</a> Israel’s “indiscriminate military attacks” against Palestinian civilians: "This amounts to collective punishment. There is no justification for violence that indiscriminately targets innocent civilians, whether by Hamas or Israeli forces. This is absolutely prohibited under international law and amounts to a war crime." Neither <a href="https://arabcenterdc.org/resource/the-international-criminal-courts-failure-to-hold-israel-accountable/">Israel</a> nor the <a href="https://www.hrw.org/news/2020/09/02/qa-international-criminal-court-and-united-states">United States</a> is a party to the International Criminal Court. Neither state would accept the court’s jurisdiction over its nationals. Indeed, the United States has <a href="https://www.state.gov/the-united-states-opposes-the-icc-investigation-into-the-palestinian-situation/">condemned</a> the court’s decision to open its investigation into alleged war crimes in Palestine. In time, the court may seek to hold Israeli nationals accountable for war crimes, but its capacity to do so seems very limited. <h2>What about the United Nations?</h2> UN Secretary-General Antonio Guterres has <a href="https://www.voanews.com/a/un-s-guterres-denounces-collective-punishment-of-palestinians/7315616.html">called</a> for an immediate ceasefire. He said the grievances of the Palestinian people after more than 50 years of occupation do not “justify the acts of terror committed by Hamas”. And he said the Hamas attack on October 7 does not “justify the collective punishment of the Palestinian people”. UN human rights chief Volker Türk has also <a href="https://www.ctvnews.ca/world/un-human-rights-lead-warns-of-consequences-for-breaching-humanitarian-law-amid-israel-hamas-war-1.6605453">warned</a> all parties that violations of humanitarian law will have consequences, and those who commit war crimes will be held accountable. But the <a href="https://www.un.org/securitycouncil/#:%7E:text=The%20Security%20Council%20has%20primary,to%20comply%20with%20Council%20decisions.">UN Security Council</a>, which is charged with maintaining international peace and security, has yet to agree on a <a href="https://news.un.org/en/story/2023/10/1142467">statement</a> on the conflict. The <a href="https://reliefweb.int/report/occupied-palestinian-territory/4-members-favour-5-against-security-council-rejects-russian-federations-resolution-calling-immediate-humanitarian-ceasefire-israel-palestine-crisis">debate</a> in the council since the latest escalation in this perpetual conflict demonstrates the deep diplomatic fault lines between the key global players and the warring parties. At this point, a sad reality is that international law and global institutions can do little to constrain the actions of the combatants on both sides or provide assistance to the millions at grave risk of harm.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/215705/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/amy-maguire-129609">Amy Maguire</a>, Associate Professor in Human Rights and International Law, <a href="https://theconversation.com/institutions/university-of-newcastle-1060">University of Newcastle</a> Image credits: Getty Images This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/can-israel-and-hamas-be-held-to-account-for-alleged-crimes-against-civilians-215705">original article</a>.

Legal

Lucy Letby: it is not being ‘beige’, ‘average’ or ‘normal’ that makes her crimes so hard to understand

<a href="https://theconversation.com/profiles/lizzie-seal-183829">Lizzie Seal</a>, <a href="https://theconversation.com/institutions/university-of-sussex-1218">University of Sussex</a> In seeking to understand the crimes of Lucy Letby, the neonatal nurse who murdered seven babies in her care, a fixation about how “ordinary” she appears to be has emerged. At times like this, we seek answers, which perhaps explains the vague sense that understanding this apparent inconsistency can teach us a lesson for the future. But that is a circle that cannot be squared. Letby was sentenced to whole life imprisonment for the murders of seven babies carried out while she worked at Countess of Chester Hospital, in north-west England. She was found guilty of the attempted murder of six other babies and is suspected of having harmed more. She is variously described as a “serial killer” and a “serial killer nurse”. Letby meets the <a href="https://www.aic.gov.au/publications/tandi/tandi346">generally accepted criminological definition</a> of a serial killer – that is, someone who commits three or more murders on separate occasions which are not for revenge or material gain. Everyday understandings of serial killing are consistent with the criminological definition and, arguably, the “serial killer” is a compelling example of the overlap – and perhaps cross-pollination – between the academic and wider understandings of crime. Both academic and wider understandings of serial killing are shaped by portrayals and archetypes from fiction, film, television and true crime podcasts and documentaries. The ubiquity of portrayals of serial killers mean we reach for certain stock explanations of their actions. Quoting police officers involved in the investigation and former colleagues of Letby, news articles describe her as <a href="https://news.sky.com/story/who-is-lucy-letby-the-average-nurse-who-became-britains-most-prolific-child-killer-12943602">“average”</a> and <a href="https://www.thesun.co.uk/news/23003681/beige-lucy-letby-killer-nurse-death-toll/">“beige”</a>. Shock and confusion abound about the crimes of an “ordinary” young woman who did not stand out in terms of character or ability. The puzzle these descriptions create is how a “serial killer nurse” could possibly be someone so unremarkable. Letby lived in a three-bedroom semi-detached house, with a <a href="https://www.theguardian.com/uk-news/2023/aug/18/lucy-letby-the-beige-and-average-nurse-who-turned-into-a-baby-killer">“happy Prosecco season”</a> sign adorning the wall of her kitchen and a collection of soft toys in her bedroom. Although <a href="https://www.independent.co.uk/news/uk/crime/nurse-lucy-letby-motive-why-would-she-kill-babies-b2397008.html">motives were suggested</a> by the prosecution during her trial, they feel unsatisfactory. <h2>Looking for answers in the wrong place</h2> Our inability to parse “satisfying” explanations for Letby’s actions relates to her departure from accepted cultural scripts of serial killing. A prominent serial killer script is that of perceived deviance and transgression, whereby something pathological about the killer accounts for their personality and actions. Frequently, this pathology is along the lines of mental illness, as in one of the classic templates for modern cultural scripts of serial killing, Norman Bates in the film Psycho. Another recurrent portrayal is the serial killer who is motivated by sexual perversion. Lucy Letby’s apparent normality means she cannot be read through this script. The fact that <a href="https://link.springer.com/book/10.1007/978-3-030-87488-9">she is a woman</a> while serial killers are overwhelmingly male adds to this (although serial killing by women, including nurses, is <a href="https://www.dailymail.co.uk/news/article-12423909/Other-cases-missed-Detective-nailed-Beverley-Allitt-says-like-Lucy-Letby-read-book-chillingly-similar-Angel-Death-case-30-years-believes-killer-nurses-have.html">not without precedent</a>). <a href="https://link.springer.com/chapter/10.1057/9780230369061_6">Popular culture has taught us</a> that a serial killer is a certain type of person. They are often even glamorised in films and TV shows. In his <a href="https://www.goodreads.com/en/book/show/36061">1996 memoir My Dark Places</a>, the novelist James Ellroy comments on the figure of the serial killer in 1990s popular culture: “serial killers were very unprosaic. They were hip, slick and cool”. Ellroy’s comment gets to the heart of why Lucy Letby feels like a dissonant serial killer. She is prosaic. But this is a red herring. We may have absorbed tropes about serial killers but that does not mean we understand them or their motives in any more depth than we understand why Letby killed. There is nothing truly conclusive about saying someone killed for power or sexual gratification, just as there is nothing conclusive about any of the explanations offered for Letby’s actions. Our belief that we understand reasons for serial killing – and thereby deviations from those reasons such as appearing “ordinary” – is based on familiar but incomplete narratives. Our cultural scripts about serial killers do not offer good explanations for their crimes. In reality, it is incredibly unusual for someone like Lucy Letby to be a serial killer because it is incredibly unusual for anyone to be a serial killer.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/211960/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/lizzie-seal-183829">Lizzie Seal</a>, Professor of Criminology, <a href="https://theconversation.com/institutions/university-of-sussex-1218">University of Sussex</a> Image credits: Getty Images This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/lucy-letby-it-is-not-being-beige-average-or-normal-that-makes-her-crimes-so-hard-to-understand-211960">original article</a>.

Legal

“Enough is enough”: Karl's crime wave plea after family targeted

A number of Aussies are resorting to hiring their own private security to watch over their properties while they sleep as the country faces a major crime wave. Within 24 hours, a teenager was stabbed to death in Melbourne’s northwest and three young offenders have been charged over Facebook Marketplace robberies in Queensland. As the crime problem continues to worsen, Today co-host Karl Stefanovic revealed his own family have been targeted. “Enough is enough,” he demanded. "This has happened to me, it's happened to my family, I've had kids come to my house, doing things and I've got them on tape," a disgruntled Stefanovic continued. "It is only relatively minor offences, but if it is getting to that level for me, it is getting to that level across the country - we keep having to talk about it, keeping saying we've got to do something about it and nothing happens.” Stefanovic also emphasised the colossal impact these targeted attacks have on families, regardless of whether it’s a home invasion, car theft or robbery on the street. “Whenever the crime comes to their doorstep, whenever someone breaks into their car, whenever something happens that's close to home, it has a tremendous psychological impact,” he said. He agreed with authorities discouraging vigilante activities as a solution, however, noted that the problem is only getting worse. "That's my big concern, that's the big concern for a lot of authorities in various states," he said. "I don't understand how authorities can't see how significant an impact this is having on the day-to-day life of people, law-abiding citizens at home. "It's not stopping and that's the problem." Image credit: 9News / Today

Legal

"We cannot judge": Nat Barr's frank question on war crimes for Army veteran

Sunrise host Natalie Barr surprised viewers when she confronted a war veteran after he referred senior Australian Defence Force leaders to the International Criminal Court over alleged war crimes committed in Afghanistan. Glenn Kolomeitz, a military lawyer and army veteran, signed the referral alongside Senator Jacqui Lambie. The referral to The Hague had the criminal court examine the country’s high commanders “through the lens of command responsibility”. Kolomeitz and Lambie claimed senior commanders have avoided investigation over alleged war crimes in Afghanistan. “I've got to ask you. This is a question I get asked every time we discuss this general issue,” she said. “We trained these people to kill, and we trained them to operate in a war setting. None of us as civilians have any idea what that's like and we cannot judge them for when they go over there to war. What do you say to that?” Kolomeitz insisted that defence force personnel, regardless of rank, must be investigated if they’ve committed or covered up a criminal act. “I worked with these guys on a couple of rotations, and quite frankly, they are amazing advocates for our country, but if they've done the wrong thing, they must be properly investigated, and they must be vigorously prosecuted. That's the reality,” he said. “You can't ignore the commanders. You vigorously investigate and prosecute those who have done the wrong thing, including those with command responsibility.” The TV presenter then asked if an investigation was necessary for the chief of the defence force, Angus Campbell. Kolomeitz replied, “Every joint task force 633 commanders in that job during the period of the enquiry.” The army veteran drafted the letter that would be sent to the International Criminal Court. “If Australia does nothing about it, the ICC can potentially assume jurisdiction over the higher command and excise the higher command investigation from the ongoing investigation of junior soldiers,” he said. The 2020 Brereton report found “credible” evidence that 25 current or former Australian SAS soldiers unlawfully killed 39 Afghan civilians and prisoners between 2005 and 2016. The report strongly recommended administrative action be taken against ADF personnel where there is credible evidence of misconduct, but not enough for a criminal conviction. It ruled that senior commanders were not criminally to blame for the alleged crimes. Senator Lambie noted leadership had not been held to account for their actions. “The government is no doubt hoping this will all just go away,” she told the Senate. “They're hoping Australians will forget that when alleged war crimes in Afghanistan were investigated, our senior commanders got a free pass while our diggers were thrown under the bus. "Well, we don't forget. I won't forget. Lest we forget. “There is a culture of cover-up at the highest levels of the Australian Defence Force. It is the ultimate boys' club.” Image credit: Instagram/LinkedIn

Plane “crime” reignites long standing debate

A travel influencer has reignited the age-old debate over what personal items truly belong in a plane’s overhead lockers, after they called out passengers for filling the compartments with their jackets. Snapping a photo on the on-board “crime”, online observers were quick to chime in with their thoughts on the matter. Given the online discourse around the controversial jacket storage, a poll conducted by nine.com.au found that most people agreed that there was nothing wrong with the action. While most people agreed that filling up the lockers with jackets is a frustrating move, an overwhelming 90% agreed that it was fine to do. "I thought that was exactly what an overhead locker was for???" one reader commented. However, according to globetrotters Matt and Hillary, who posted the original video on TikTok, doing so is a "crime". "If you plan to fly in 2023, please don't be the people who fill up an entire overhead cabinet with your jackets. It's an absolute waste of space. They could sit on your lap or most airlines have hooks." Instead, a more common gripe for travellers, according to the online poll, was the size of some people's 'carry on' luggage. "I think it's time the airlines stamped out some of the sizes of cases that get taken on as hand luggage," one person said. "Jackets and small bags should be the only items in the overhead locker. Too many people bring way too much carry-on luggage and take up the space of others, I might add this is my pet peeve when flying anywhere," another agreed. "It amazes me that folks get on aeroplanes with suitcases or sacks they expect to squeeze into the overhead lockers without any thought or consideration for their fellow travellers," was another frustrated reply. Image credits: TikTok

Travel Tips

Ben Roberts-Smith’s furious phone call to fellow soldier

A livid Ben Roberts-Smith has berated a fellow soldier he believed had been speaking to the media about war allegations, demanding he “stick to the f**king code”, newly released audio has revealed. Nine’s 60 Minutes played a recording of the exchange between Roberts-Smith and a fellow SAS member known as “Soldier M” in 2018 amid a media frenzy. Soldier M is a relative of Australia’s most wealthy individual, billionaire Gina Rineheart, and prior to the phone call, Roberts-Smith had sent him a threatening legal letter, with the mining magnate CC’d in. “Yeah, it’s RS, mate,” Mr Roberts-Smith says in the audio. “Because I know you’ve talked s**t about me, right? I know that. “I’ve got no ill will towards anyone that has no ill will towards me, it’s real simple. So you know, like, I’m 100 per cent, I stick to the f**king code, mate, 100 per cent, and I have. So all the s**t that’s going on, I’m still probably the only c**t that hasn’t f**king spoken. “I don’t trust you, mate, I haven’t been able to trust you for a long time. You say we’re mates. We used to be actually, but for some f**king reason I’ve just become the centre of all evil for you and the group of people … “You’ve got a young child, I’ve got a f**king family, I want to move on, I’m so sick of f**king army, the unit and all the bulls**t. Just remember I was minding my own business, just trying to do my job, and I get attacked by all these f**king journalists. I haven’t spoken a word about it to anyone in the unit.” On June 1 Roberts-smith lost his lengthy defamation trial against Nine newspapers’ The Sydney Morning Herald, The Age and The Canberra Times. Following the verdict, The Australian War Memorial has faced calls to <a href="https://www.oversixty.com.au/news/news/australian-war-memorial-urged-to-remove-ben-roberts-smith-s-uniform-from-display" target="_blank" rel="noopener">remove the decorated soldier’s uniform</a> from its display. The 22-week trial saw 32 current and former SAS members provide evidence. One of the 32, known as “Person Y”, who has never spoken to the media, appeared anonymously on 60 Minutes on June 4. “You don’t win insurgencies on body counts, yet here is a guy who thinks he’s going to win the war by killing as many people as possible,” he told the program. “We are not above the law, we are not above the rules of engagement, but I think for him he felt he was above all that, that the rules don’t apply. Many people are having a hard time reconciling the fact that someone they thought was a national hero is in fact the complete opposite, proven to be a bully, a liar and a murderer. “It’s a tough pill to swallow, especially for a country that’s believed the lies for so long. “I think they thought they were above the law, that they were not going to be caught, that it was a free-for-all. “I think I could say on behalf of every guy who took the witness stand that none of us wanted to be there, that’s just not who we are.” One day after the verdict was reached, Seven CEO James Warburton revealed Roberts-Smith had resigned from the network. “We thank Ben for his commitment to Seven and wish him all the best,” he said. Image credit: Getty

Legal

5 crime books you need to read

If you love a good whodunit crime thriller, our list of five must-read titles will be sure to get your heart racing. 1. Disclaimer byRenee Knight When filmmaker Catherine finds a book on her bedside that tells in graphic detail about the day she took on the burden of a huge secret, she must decide whether to confront what happened that day, or keep it all hidden. The New York Times called it ‘an outstandingly clever and twisty tale.’ 2. Fallout by Paul Thomas The fifth book in the series about maverick cop Tito Ihaki, Fallout is hit New Zealand crime writer Paul Thomas’s fast moving sequel to Death on Demand. Ihaki agrees to look into a cold case as a favour to his boss, but in return he wants permissions to investigate his own father’s death. 3. Friday on My Mind by Nicci French When a body is found floating in the Thames, identifying the victim seems simple enough when a hospital wrist band is found with the name Dr. F Klein. But Doctor Klein is alive and well and finds herself the number one suspect to the murder. The fifth book in the powerful Frieda Klein series sees the psychotherapist trying to clear her name as well as save her own life. 4. Gun Street Girl by Adrian McKinty Book four and the last of the series about Detective Sean Duffy, a Catholic cop in a Protestant constabulary. As he investigates a gruesome double murder and suicide, Duffy finds evidence that suggests that things may not be as clear as they seem. The Boston Globe calls it ‘one of the best books of 2015.’ 5. An Untamed State by Roxane Gay The debut novel is a gripping read that is hard to put down once you begin the journey. A mother’s perfect life is turned upside down when she is kidnapped by armed men in Haiti. When her wealthy father refuses to pay the ransom, Mireille is forced to endure abuse and torment by a man who fights against all that she represents. Related links: <a href="http://www.oversixty.co.nz/entertainment/books/2015/11/short-classic-novels/">10 short classic books for the weekend</a> <a href="http://www.oversixty.co.nz/entertainment/books/2015/11/banned-childrens-books/">8 children’s books that caused controversy</a> <a href="http://www.oversixty.co.nz/entertainment/books/2015/11/real-books-are-better/">Why real books will always be best</a> Image credit: Shutterstock

Books

Prince Harry accused of war crimes

Prince Harry has been accused by Iran of war crimes after coming out and claiming he killed 25 Afghans when serving. The royal included the shocking figure in his newly released book Spare in which he revealed that he killed 25 Taliban fighters while serving for the British Army in Afghanistan. In his book, Prince Harry wrote that he thought of the people he killed as “chess pieces”. This in turn has since seen the Iranian regime slamming the royal for his words amid tensions with the UK government over the execution of a British national by Tehran. "The British regime, whose Royal Family member sees the killing of 25 innocent people as removal of chess pieces and has no regrets over the issue, and those who turn a blind eye to this war crime, are in no position to preach others on human rights,” Iran's foreign ministry tweeted. <blockquote class="twitter-tweet"> The British regime, whose royal family member, sees the killing of 25 innocent people as removal of chess pieces and has no regrets over the issue, and those who turn a blind eye to this war crime, are in no position to preach others on human rights. — Iran Foreign Ministry 🇮🇷 (@IRIMFA_EN) <a href="https://twitter.com/IRIMFA_EN/status/1615182547666833409?ref_src=twsrc%5Etfw">January 17, 2023</a></blockquote> Dual Iranian-British citizen Ali Reza Akbari, a former senior defence ministry official, was executed by the regime for spying. His death has been condemned by UK Prime Minister Rishi Sunak who called the act “cowardly”. "This was a callous and cowardly act, carried out by a barbaric regime with no respect for the human rights of their own people," he said. <blockquote class="twitter-tweet"> 1/3- Mr. Harry! The ones you killed were not chess pieces, they were humans; they had families who were waiting for their return. Among the killers of Afghans, not many have your decency to reveal their conscience and confess to their war crimes. <a href="https://t.co/zjDwoDmCN1">pic.twitter.com/zjDwoDmCN1</a> — Anas Haqqani(انس حقاني) (@AnasHaqqani313) <a href="https://twitter.com/AnasHaqqani313/status/1611315062018543616?ref_src=twsrc%5Etfw">January 6, 2023</a></blockquote> There are now fears that Prince Harry has put himself in danger after revealing his killings after serving in the British Army for 10 years during two tours of Afghanistan, one from 2007 to 2008 and the other from 2012 to 2013. Images: Twitter

News

"It's going to lead to more crime": Controversial new law passes

The ACT has decriminalised small amounts of nine illicit drugs, including cocaine, heroin and speed, making it the first Australian jurisdiction to do so. The Drugs of Dependence (Personal Use) Bill Amendment was first introduced into parliament in early 2021 by backbencher Michael Pettersson, with the bill being passed by the ACT Legislative Assembly on Thursday. "Today is an important day," Mr Pettersson said, thanking his colleagues for “voting a better way”. "Today's bill is not a radical revolution; it is a gradual evolution of our existing laws." The bill is an expansion of the existing Simple Cannabis Offence Notice (SCON) scheme, which has resulted in the decriminalisation of small amounts of cannabis since 1992. In 2019, the ACT passed a law that allows individuals to possess and grow small amounts of cannabis for personal use. "Today we have expanded that framework ... the many benefits of that scheme for many years will now be applied to a wider range of substances that will capture more Canberrans - with the ultimate goal of making it easier for them to access the help they need," Mr Pettersson said. <blockquote class="twitter-tweet"> Big day in the Assembly. <a href="https://twitter.com/hashtag/Canberra?src=hash&ref_src=twsrc%5Etfw">#Canberra</a> <a href="https://t.co/fbV7TYZ1dg">pic.twitter.com/fbV7TYZ1dg</a> — Michael Pettersson (@PetterssonMLA) <a href="https://twitter.com/PetterssonMLA/status/1583013847614468096?ref_src=twsrc%5Etfw">October 20, 2022</a></blockquote> The new law means that people found with personal amounts of nine types of illicit drugs won’t be criminally prosecuted - avoiding up to two years in prison - with police granted the ability to fine people in possession of drugs instead. People found with illicit drugs can also choose to attend a drug diversion program rather than face the $100 fine. However, the law changes don’t affect offences for trafficking drugs. The ACT government announced in-principle support of the bill in June. "Illicit drugs are harmful, and the ACT government will continue to take a strong stance against drug dealers. This bill does not change that view,” ACT Health Minister Rachel Stephen-Smith said at the time. “The government and ACT Policing will continue to work to reduce supply and prosecute dealers and traffickers through the justice system." Ms Stephen-Smith said that there was evidence to show that criminalising drug use doesn’t reduce drug use and that it should be treated as a health issue. "Treating drug addiction as a health issue improves outcomes for everyone in the community," she said. Following the change, the government said a 12-month implementation period would be used to train frontline workers, including police, and bolster oversight arrangements. Jeremy Hanson, the deputy leader of the Canberra Liberals, condemned the “radical” move, claiming that it would lead to more crime. "It wasn't taken to the community. It's going to lead to more crime. It's going to lead to more carnage on our roads," he told the ABC. "It's not going to change the number of people going into the criminal justice system, and it's not going to fix the problem that we have now, which is not enough people being able to access treatment." Despite this, evidence from Australia and other countries has shown that decriminalising drugs <a href="https://adf.org.au/talking-about-drugs/law/decriminalisation/decriminalisation-detail/" target="_blank" rel="noopener">doesn’t result in increased use</a>. Image: Getty Images

Legal

Crime scene established after suspected murder-suicide at retirement village

An elderly couple who were found dead in their unit at an Adelaide retirement village have been identified, with police treating their deaths as a murder-suicide. Barbara and Dennis Willshire, both 92, were found on Wednesday morning by a staff member during morning rounds, though police say it is unclear when the couple died. After the staff member raised the alarm, police and paramedics were called to the unit, which is part of a larger retirement and nursing home precinct in Glynde. The quiet village quickly became a crime scene, with major crime detectives working all day to piece together what happened in the leadup to the couple’s death. Superintendent Matt Nairn of South Australia Police said it was believed that the man killed his wife and then himself, though a full investigation would be conducted. “We believe it is a murder-suicide and, at this stage, we believe the man has killed potentially his wife and then taken his own life,” Nairn said. He added that there was nothing untoward known about the couple’s relationship and that their children had been notified. “As you can imagine, this is very tragic for a family,” Nairn said. Barbara and Dennis were known for being social and their deaths have sent shockwaves through their community, with neighbours saying it was “one of those things you don’t face every day”. “Living in a courtyard like this you get to know people,” one neighbour said. “Very sorry for everyone. It’s one of those things you don’t face every day,” another said. The couple’s best friends of 30 years, who moved into a neighbouring unit to be close to them, were particularly affected. “We did a lot of things together as older people,” the couple said. “It’s a big shock to us… it’s hard to accept. “If you wanted to know anything you asked Dennis because he was a very bright person.” Dennis and Barbara’s friends also said Barbara has become increasingly unwell over the past four months. “She was very unwell and Dennis was very distressed about the whole situation, she’d been unwell for about three months,” one said. “It’s hard to accept that they’ve gone… I still can’t believe it.” A spokesperson for Lutheran Homes Group, which operates the retirement village, told the ABC the pair had been living independently in the unit where they were found, and that the village was offering both pastoral and counselling support for those who needed it. “Pastoral support is being offered to residents, as well as counselling support for staff. Our thoughts and prayers are with the family and our Glynde community at this difficult time,” they said. If you are experiencing a personal crisis or thinking about suicide, you can call Lifeline 131 114 or beyondblue 1300 224 636 or visit lifeline.org.au or beyondblue.org.au. Image: Nine News

News

Hollywood actor spotted next to crime scene

Hollywood actor Dev Patel has been spotted speaking to police next to a crime scene in Adelaide. The Lion and Slumdog Millionaire actor, who lives in Adelaide with his Aussie girlfriend, was at Gouger Street in the Adelaide CBD around 8.45pm on Monday. Police were called following reports of a man and woman fighting in the street which then continued to a nearby service station. Witnesses attempted to break the pair up before the woman allegedly stabbed the man in the chest. Paramedics arrived and treated him at the scene before taking him to the Royal Adelaide Hospital. His injuries are not considered life threatening. Following investigations, police arrested a 34-year-old woman and charged her with aggravated assault causing harm. Police say the incident is not random and the pair are known to each other. Image: 7News

Legal

“May justice be done”: Ben Roberts-Smith’s trial comes to an end

The defamation trial launched by Ben Roberts-Smith against Nine newspapers has come to an end after four years, with Justice Anthony Besanko left with the final task of condemning or clearing the war veteran’s name. Mr Roberts-Smith’s lawyers are hoping that finding in their client’s favour will see his name cleared and result in the largest defamation payout in history, while a finding in favour of his journalist opponents could validate their claims he committed “the most heinous acts of criminality” while serving in the SAS. The lengthy case drew to a close on Wednesday after over 100 days of evidence, more than $25 million in legal fees and two weeks of closing speeches. Arthur Moses SC, Mr Roberts-Smith’s barrister, used his closing statement to push the fact that Nine had the burden of proof to prove their claims the Victoria Cross recipient had murdered unarmed prisoners, “(Nine) published allegations and stories as fact that condemned Mr Roberts-Smith as being guilty of the most heinous acts of criminality that could be made against a member of the Australian Defence Force, and indeed any citizen,” Mr Moses said. “It depends upon recollection of events that occurred during missions more than 10 years ago… Recollections which are contradicted either by their own witnesses, our witnesses and Defence Force documents.” “They have urged upon the court a case which is one of mere suspicion, surmise and guesswork to condemn a man, who served his nation with great distinction, as a war criminal.” Mr Moses called on Justice Besanko to reject Nine’s case “in all forms”. Meanwhile, Nicholas Owens SC, representing Nine, closed his case by returning to the claims and counterclaims, including the question of Mr Roberts-Smith’s motive in killing six detained Afghans when he had transported hundreds of others safely back to Australia bases, which Mr Roberts-Smith said Nine had left unanswered. When he opened his case in June 2021, Mr Owens said that even “the most brutal, vile member of the Taliban imaginable” can’t be killed once detained and “to do so is murder”. On Wednesday, he returned to this point and said Mr Roberts-Smith killed the detainees simply because they were “enemy combatants”. “We say that was a powerful motive that operated in relation to all of these incidents… it was a motive to kill Taliban insurgents regardless of the lawfulness of doing so,” Mr Owens told the court. Justice Besanko thanked lawyers on both sides, as well as the legal team for the Commonwealth government who had been on-hand every single day in court to keep highly classified material out of the public sphere. With the trial conducting itself in a combination of open and closed court, with sensitive information and testimonies being held in closed court, the full scope of evidence Justice Besanko must consider isn’t well-known. It is also unknown just how long it will take Justice Besanko to reach a verdict, given the sheer volume of evidence and documents, but it is expected to take many months. Nick McKenzie, one of the journalists Mr Roberts-Smith launched his case against, took to social media following the trial’s conclusion to summarise the claims made against Mr Roberts-Smith and call for justice to be done. <blockquote class="twitter-tweet"> Roberts-Smith trial is now over, save for judgment. 4 years ago RS launched it. Such stress for all involved: SAS eye witnesses who accuse RS of murders/cliffkicking of innocent Afghan father, Afghans who witnessed the same, brave woman who spoke up about DV. May justice be done. — Nick McKenzie (@Ageinvestigates) <a href="https://twitter.com/Ageinvestigates/status/1552124223669149696?ref_src=twsrc%5Etfw">July 27, 2022</a></blockquote> “Roberts-Smith trial is now over, save for judgement,” the Age journalist wrote. “4 years ago RS (Roberts-Smith) launched it. Such stress for all involved: SAS eye witnesses who accuse RS of murders/kicking of innocent Afghan father, Afghans who witnessed the same, brave woman who spoke up about (domestic violence). “May justice be done.” Image: Getty Images

Legal

Why women make up more than 80 per cent of true crime podcast listeners

It’s been a running joke for a while that most true crime podcast listeners are female. But it has now been revealed that young women make up a whopping 80 per cent of true crime podcast listeners. Dr Julia Shaw, a criminal psychologist and co-host of the true crime and science podcast Bad People, said the simple reason was due to women’s experiences. She explained that growing up, women are told to keep an eye out for any danger such as a man staring at you for too long or following you home. “Women seem particularly interested in the intricacies of the criminal mind,” she told The Daily Mail. “There is a real drive to understand the 'why', not just the 'how' of the crime.” Claire Bord, a publisher at Bookouture concurred with Dr Shaw’s statement explaining how easy it was for women to “resonate” with the situation. “These kind of storylines tap into dark themes that resonate with readers because we can see ourselves in these everyday scenarios and then imagine what could happen,” she said. “I also think there are aspects of the dark themes explored in psychological thrillers, and indeed true crime, that can speak deeply to readers who have experienced difficult times in their own lives.” Image: Shutterstock

Mind

Giving ex-prisoners public housing cuts crime and re-incarceration – and saves money

“Going home” is a classic metaphor for exiting prison. But most people exiting prison in Australia either expect to be homeless, or don’t know where they will be staying when released. Our <a href="https://www.ahuri.edu.au/research/final-reports/361">recent research for AHURI</a> (the Australian Housing and Urban Research Institute) shows post-release housing assistance is a potentially powerful lever in arresting the imprisonment–homelessness cycle. We found ex-prisoners who get public housing have significantly better criminal justice outcomes than those who receive private rental assistance only. The benefit, in dollars terms, of public housing outweighs the cost. <h2>The imprisonment-homelessness connection</h2> There is strong evidence linking imprisonment and homelessness. Post-release homelessness and unstable housing is a <a href="https://www.ahuri.edu.au/research/final-reports/46">predictor of reincarceration</a>. And prior imprisonment is a <a href="https://melbourneinstitute.unimelb.edu.au/__data/assets/pdf_file/0007/2202865/Scutella_et_al_Journeys_Home_Research_Report_W6.pdf">known predictor of homelessness</a>. It is a vicious cycle. People in prison often contend with: <ul> <li>mental health conditions (40%)</li> <li>cognitive disability (33%)</li> <li>problematic alcohol or other drug use (up to 66%) and </li> <li>past homelessness (33%). </li> </ul> People with such complex support needs are often deemed “too difficult” for community-based support services and so end up entangled in the criminal justice system. Also, prisons are themselves places of stress and suffering. So people leaving prison a high-needs group for housing assistance and support. There are about 43,000 people in <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/latest-release">prison in Australia</a>. Over the year there will be even more prison releases (because some people exit and enter multiple times). According to the <a href="https://www.aihw.gov.au/reports/prisoners/health-australia-prisoners-2018/summary">latest published data</a>: <ul> <li>only 46% of releasees expect to go to their own home (owned or rented) on release</li> <li>more expect to be in short-term or emergency accommodation (44%) or sleeping rough (2%), or </li> <li>they don’t know where they will stay. </li> </ul> Ex-prisoners are the fastest growing client group for Australia’s <a href="https://www.aihw.gov.au/reports/australias-welfare/homelessness-and-homelessness-services">Specialist Homelessness Services</a>. Over the past decade, <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/latest-release">imprisonment rates in Australia</a> have been rising. Meanwhile, <a href="https://www.pc.gov.au/research/ongoing/report-on-government-services/2021/housing-and-homelessness/housing">funding for social housing</a> – public housing provided by state governments, and the community housing provided by non-profit community organisations – has been declining in real terms. We must turn both those trends around. <h2>The difference public housing makes</h2> In our research, we investigated the effect of public housing on post-release pathways. We analysed data about a sample of people with complex support needs who had been in prison in NSW. The de-identified data show peoples’ contacts before and after prison with various NSW government agencies, including criminal justice institutions and DCJ Housing, the state public housing provider. We compared 623 people who received a public housing tenancy at some point after prison with a similar number of people who were eligible for public housing but received private rental assistance only (such as bond money). On a range of measures, the public housing group had better criminal justice outcomes. The charts below compare the number of police incidents for each group. The first chart shows recorded police incidents for the private rental assistance group, which gradually rose over the period for which we have data. The second chart shows police incidents for the public housing group: they also had a rising trend, until they received public housing (year 0 on the x-axis), after which police incidents went down 8.9% per year. For the housed group: <ul> <li>court appearances were down 7.6% per year</li> <li>proven offences (being found guilty of something at trial) were down 7.6% per year</li> <li>time in custody was down 11.2% per year</li> <li>time on supervised orders (court orders served in the community, including parole) initially increased, then went down 7.8% per year</li> <li>justice costs per person, following an initial decrease of A$4,996, went down a further $2,040 per year per person.</li> </ul> When we put a dollar value on these benefits, providing a public housing tenancy is less costly than paying Rent Assistance in private rental (net benefit $5,000) or assisting through Specialist Homelessness Services (net benefit $35,000). Unfortunately, public housing is in very short supply. For our public housing group, the average time between release and public housing was five years. Others are never housed. <h2>Post-release pathways are fraught</h2> We interviewed corrections officers, reintegration support workers, housing workers, and people who had been in prison, across three states. They were unanimous: there is a dearth of housing options for people exiting prison. A Tasmanian ex-prisoner, who lived in a roof-top tent on his car on release, said, "You basically get kicked out the door and kicked in the guts and they say, ‘Go do whatever you need to do, see ya’." Planning for release is often last-minute. A NSW reintegration support worker told us, "It’s not coordinated. We’ll get a prison ringing up on the day of release saying, ‘Can you pick this woman up?’ on the day of release, when they knew it was coming months in advance. There’s no planning." A housing worker in Victoria described those next steps as a series of unstable, short-term arrangements, beset by pitfalls, "They could easily be waiting a couple of years, realistically. And for them that’s a long time, and so far off in the distance it’s difficult to conceive of. And a long time in which for things could go wrong in their lives – to be homeless or back in prison, all sorts of things … What they do in the meantime: they couch surf, stay with family, stay in motels, stay in cars/stolen cars, stay with friends, sleep rough, all those things." A Tasmanian corrections officer told us, "People want to come back to custody because they’ve then got a roof over their head. They don’t have to worry; they’re getting fed, they can stay warm." <h2>It’s not just about housing support</h2> Community sector organisations specialising in supporting people in contact with the criminal justice system, such as the <a href="https://www.crcnsw.org.au/">Community Restorative Centre (CRC)</a> in NSW, do extraordinary work providing services and support that aim to break entrenched cycles of disadvantage and imprisonment. However, this sector’s funding has been turbulent, marked by short-term programs. In <a href="https://www.crcnsw.org.au/wp-content/uploads/2021/11/CRC-AOD-Evaluation-final-report-1Dec21.pdf">another project</a> by some members of this research team, we saw the difference CRC made to 275 of its clients over a number of years. This evaluation found supported clients had 63% fewer custody episodes than a comparison group – a net cost saving to government of $10-16 million. These support services would be even more effective if clients had more stable housing. As it is, specialist alcohol and other drug case workers are often spending their time dealing with clients’ housing crises. Secure, affordable public housing is an anchor for people exiting prison as they work to build lives outside of the criminal justice system. It is also a stable base from which to receive and engage with support services. It pays to invest in both. Image credits: Getty Images This article originally appeared on <a href="https://theconversation.com/giving-ex-prisoners-public-housing-cuts-crime-and-re-incarceration-and-saves-money-180027" target="_blank" rel="noopener">The Conversation</a>.

Real Estate

“Did we just witness an execution?”: New details in Ben Roberts-Smith trial

A former SAS soldier <a href="https://au.news.yahoo.com/court-told-roberts-smith-execution-163125145.html" target="_blank" rel="noopener">has told</a> a Sydney court that he saw Ben Roberts-Smith throw an unarmed Afghan prisoner on the ground before opening fire on the man’s back. The witness, codenamed Person 24, told the Federal Court that right after the event, he turned to another soldier referred to as Person 14. “Did we just witness an execution?” he recalled asking Person 14. Mr Roberts-Smith has strenuously denied the allegation, having said the person he killed during that 2009 mission - dubbed Whiskey 108 - was an insurgent, and that it was within the rules of engagement. However, Person 24 said the unarmed prisoner had a prosthetic leg, and that he later saw another colleague pack it into his backpack after the man was executed. He earlier told the court that he watched the Victoria Cross recipient march out of the compound carrying the man in his arms, parallel to the ground. “It appeared he had come off his feet,” Person 24 said, and was held either by his pants or the back of his shirt. “(Mr Roberts-Smith) marched approximately 15 metres, directly out from that entrance, dropped the man on the ground and immediately began with a machine gun burst into his back.” The witness recalled watching Mr Roberts-Smith shoot eight to ten rounds of ammunition into the prisoner, who was making a “grunting noise”, and that he couldn’t have missed seeing it as it was “right in my field of view”. He said he felt Mr Roberts-Smith had been treated unfairly and only agreed to testify because of what happened to his friend, referred to as Person Four. Person 24 alleged a patrol commander known as Person Five boasted that “we’re going to blood the rookie” at Australia’s base in Tarin Kowt. The court previously heard that Person Four, as a young and inexperienced soldier, was ordered to execute a prisoner to “get a kill under his name”. Person 24, who was medically discharged from the army in 2017, said the alleged killing negatively impacted Person Four over time and denied lying about evidence. Monday’s testimony was the latest in the defamation trial Mr Roberts-Smith launched against The Age, The Sydney Morning Herald and The Canberra Times over reports he allegedly committed war crimes while serving in Afghanistan between 2006 and 2012. It continues before Justice Anthony Besanko. Image: Getty Images

Legal

Multiple bombshells dropped in Ben Roberts-Smith case

Multiple bombshells have been <a href="https://www.9news.com.au/national/ben-roberts-smith-trial-hears-of-affair-sas-member-meeting-with-journalists/65690ba6-80c6-4052-ac14-a77b22086ca1" target="_blank" rel="noopener">dropped</a> in Ben Roberts-Smith’s defamation trial, with a slew of documents released, a soldier considering no longer giving evidence, and a serving SAS member admitting he met with two Nine Newspaper journalists also involved in the trial.New documents have been released by the court which give an insight into Mr Roberts-Smith’s relationships with his former wife, Emma Roberts, and a woman who has accused him of domestic violence.The documents contain marriage counselling notes between Mr Roberts-Smith and Ms Roberts, medical records for the decorated soldier, and numerous text exchanges between him and a married woman known as Person 17.Person 17 claimed she was assaulted by Mr Roberts-Smith at Hotel Realm in Canberra in 2018.Mr Roberts-Smith has denied the claims, insisting she had fallen down stairs at an event they attended at Parliament House.Some of the texts showed the intensity of their feelings and relationship prior to the incident.“Your amazing (sic), you make me feel like I never have before,” Mr Roberts-Smith wrote to her.“I know. As hard as I find being away from you - it’s the lying and pretending that’s doing my head in,” Person 17 replied.The court heard that a month later, Person 17 hired a car and drove to Mr Roberts-Smith’s marital home to expose their relationship and confront his wife.“What have you done, this is outright blackmail,” Mr Roberts-Smith wrote to Person 17.“No. It most certainly is not blackmail. I’m not asking for or expecting anything from you,” she replied.“Please don’t waste your time with intimidation or payback either. The benefit of seeing what you were capable of a few weeks back & knowing the threats you’ve made to me since is that I immediately put in place ‘insurance’ in the event that anything should happen to me or my family.“I know you will blame me but I hope you’ll remember that we’re in this position because of what we’ve BOTH done.”<img src="https://oversixtydev.blob.core.windows.net/media/2022/02/text-exchange1.png" alt="" width="657" height="716" />A text exchange between Person 17 (red) and Mr Roberts-Smith (blue) after she arrived at his marital home and confronted his wife about their affair. Image: Federal CourtMr Roberts-Smith has denied ever threatening Person 17, telling the court she had lied on multiple occasions while his lawyers <a href="https://www.news.com.au/national/courts-law/court-releases-chat-logs-photos-of-ben-robertssmiths-alleged-affair/news-story/b339aa26dc7035ac7cc42c2c5ad54c4b" target="_blank" rel="noopener">describe</a> her as “fabulist”.The court also heard a confession from a serving SAS member, who was forced to admit he met with two Nine Newspaper journalists who are also being sued by Mr Roberts-Smith.The SAS member claimed one of those catchups was a complete blur, denying that he shared information about Mr Roberts-Smith.With a former soldier also considering pulling the pin on giving evidence, the high-stakes trial is set to continue over the coming days.Image: 9NEWS

Legal

Another country makes it a crime to remain unvaccinated against COVID-19

Image: Getty Austria has officially made vaccinations mandatory for its adult population. The controversial law was passed in the country’s parliament last month. It takes effect from next month, after which anyone who refuses to be vaccinated faces a criminal record and a fine of up to 3,600 euros (about A$5,500). The only exceptions are pregnant women and those who have a medical exemption. The country joins Ecuador, Tajikistan, Turkmenistan, Indonesia and Micronesia in making it a crime not to have a Covid-19 vaccination. <h2>A ‘parliamentary democracy’</h2> To date, there have been about 14,000 Covid-related deaths and 1.5 million cases in the country which has a total population of about 9 million. Austria describes itself a parliamentary democracy, and on the Government’s website this is defined as meaning: “…That everyone should be able to voice their opinion and defend their interests in a spirit of mutual respect. In Parliament this is done by the different parties, the rules governing legislation and parliamentary control. If decisions were only left to the majority, democracy would be in danger of being reduced to voting. In this case only those who know how to win a majority for themselves would be able to safeguard their interests.” But there are thousands of Austrians who oppose the new laws and who have been taking to the streets in protest. The Government has also introduced a lottery to ‘incentivise’ anyone wavering in their decision making or lagging in their efforts to be vaccinated against Covid-19. The prizes are vouchers worth 500 euro (about $750) to spend on recreational activities such as sporting events, restaurants, hotels, and shopping. <h2>Paving the way to totalitarianism</h2> About 72% of Austria’s population is already vaccinated. The country is in the middle of an outbreak (as are most countries right now, including those with high vaccination rates), recording its highest ever case numbers last week. Those who have still not had the jab and are opposed to mandatory vaccinations have expressed concerns that laws are not democratic and ignore ‘basic fundamental rights’. Others have expressed concerns about any potential long-term effect of vaccines which have not yet been fully researched and documented. The laws are the toughest yet in Europe. <h2>Apathy and the ‘boiling frog’ </h2> The world looked on in astonishment when France introduced draconian vaccination mandates last year, refusing entry to shops and cafes, cinemas, restaurants, sports arenas and other venues for people who aren’t vaccinated, threatening those who broke the rules with fines of $10,000 eros and a prison term. The streets erupted in violent protest, yet the laws passed. Businesses have been suffering as a result. Many Australians too, have been guilty of looking at the experience of other countries and thinking, “that won’t happen here,” and yet it has, in various forms. We’ve had lockdowns and lockouts, ‘no jab, no job’ mandates, inter-state border closures, travel restrictions, curfews and very heavy-handed law enforcement. The economy has been decimated. Mental health problems are on the rise. There has, and continues to be, much condemnation of anyone who has protested against mandated health policies, or Government ‘coercion’, strict laws and extensive government powers in the past 18 months. There is deep social division and a lot of criticism hurled at those people who choose not to be vaccinated, with a narrative that continually perpetuates “anti-vaxxers” as “covid-deniers” which isn’t necessarily always the case, but which does provide a convenient way to shrug off any in-depth consideration for the over-reach of some of these ‘pandemic management’ tactics and the resulting slow erosion of human rights. <h2>Health or Government control? </h2> It’s incredulous to believe that democratic governments around the world, including our own, are taking such an authoritarian stance, particularly with regard to vaccines, and are by comparison, putting much less emphasis on or investment in treatments and cures for Covid-19. At some point, when the basic tenets of democracy are so seriously threatened, the question has to be asked whether or not the introduction of these laws is founded on a desire to swiftly and effectively manage a health crisis, or if they are about increasing Government power and control, under the guise of “for the greater good.” This article originally appeared on <a href="https://www.sydneycriminallawyers.com.au/blog/another-country-makes-it-a-crime-not-to-have-a-covid-19-vaccine/">Sydney Criminal Lawyers</a>.

Legal

Crime-fighting algorithm to take up the battle against illegal drugs?

<div> <div class="copy"> he answer to drug forensics might be AI, according to a new <a rel="noreferrer noopener" href="https://dx.doi.org/10.1038/s42256-021-00407-x" target="_blank">report</a> published in Nature Machine Intelligence. Researchers from the University of British Columbia (UBC), Canada, have trained a computer to predict <a rel="noreferrer noopener" href="https://cosmosmagazine.com/people/high-times-at-new-years/" target="_blank">designer drugs</a> based on specific common molecules, even before the drugs hit the market. Clandestine chemists are constantly manufacturing new and dangerous psychoactive drugs that law enforcement agencies struggle to keep up with. Many of these designer drugs can lead to irreparable mental damage and/or even death. “The vast majority of these designer drugs have never been tested in humans and are completely unregulated,” says author Dr Michael Skinnider. “They are a major public health concern to emergency departments across the world.” <h2>The algorithm behind drug forensics</h2> The algorithm used by the computer, called deep neural network, generated 8.9 million potential designer drugs that could be identified from a unique molecular make-up if they popped up in society. The researchers then compared this data set to newly emerging designer drugs and found that 90% of the 196 new drugs were in the predicted data set. “The fact that we can predict what designer drugs are likely to emerge on the market before they actually appear is a bit like the 2002 sci-fi movie, Minority Report, where foreknowledge about criminal activities about to take place helped significantly reduce crime in a future world,” explains senior author Dr David Wishart from the University of Alberta, Canada. “Essentially, our software gives law enforcement agencies and public health programs a head start on the clandestine chemists, and lets them know what to be on the lookout for.” With this level of prediction, forensic scanning of drugs can be cut from months to days. The algorithm also learned which molecules were more and less likely to appear. “We wondered whether we could use this probability to determine what an unknown drug is—based solely on its mass—which is easy for a chemist to measure for any pill or powder using mass spectrometry,” says UBC’s Dr Leonard Foster, an internationally recognised expert on mass spectrometry. Using only mass, the algorithm was able to correctly identify the molecular structure of an unknown drug in a single guess around 50% of the time, but the accuracy increased to 86% as more measurements were considered. “It was shocking to us that the model performed this well, because elucidating entire chemical structures from just an accurate mass measurement is generally thought to be an unsolvable problem,” says Skinnider. “And narrowing down a list of billions of structures to a set of 10 candidates could massively accelerate the pace at which new designer drugs can be identified by chemists.” The researchers say this AI could also help identify other new molecules, such as in <a rel="noreferrer noopener" href="https://cosmosmagazine.com/health/new-test-for-performance-enhancing-drug-cheats/" target="_blank">sports doping</a> or novel molecules in the blood and urine. “There is an entire world of chemical ‘dark matter’ just beyond our fingertips right now,” says Skinnider. “I think there is a huge opportunity for the right AI tools to shine a light on this unknown chemical world.” Image credits: Getty Images</div> <div id="contributors"> This article was originally published on <a rel="noopener" href="https://cosmosmagazine.com/technology/ai/crime-fighting-algorithm-to-take-up-the-battle-against-illegal-drugs/" target="_blank">cosmosmagazine.com</a> and was written by Deborah Devis. </div> </div>

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“Did we just witness an execution?”: New details in Ben Roberts-Smith trial

Multiple bombshells dropped in Ben Roberts-Smith case

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Crime-fighting algorithm to take up the battle against illegal drugs?

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