Criminalisation and Criminal Responsibility in Australia brings together significant contributions across the two major axes structuring criminal law scholarly thinking and criminal law scholarship in the current era – criminalisation and criminal responsibility. The contributions to this collection have been written by some of Australia’s leading criminal law and procedure scholars and canvass the law in all the states and territories in Australia. As such, the collection provides a snapshot of key issues apparent across the Australian criminal justice landscape, and showcases up-to-date critical scholarly analysis of these issues.

Criminalisation and Criminal Responsibility in Australia is also available as an ebook.

1. Introduction – Thomas Crofts and Arlie Loughnan
2. Constituting Physical and Fault Elements: A NSW Case Study – David Brown
3. Criminalisation research in Australia: Building a foundation for normative theorising and principled law reform – Luke McNamara
4. Criminalisation, the development of the summary jurisdiction and Aboriginal people – Tanya Mitchell
5. Criminalisation and Drugs: What Should We Do About Cannabis? – Melanie Schwartz
6. Assault Causing Death Crimes as a Response to ‘One Punch’ and ‘Alcohol Fuelled’ Violence: A Critical Examination of Australian Laws – Julia Quilter
7. Criminalisation and Young People: How Should the Law Respond to Sexting? – Thomas Crofts
8. Criminalisation and Technology: What’s the Harm of Using Mobile Phones While Driving – Alex Steele
9. Complicity in Cyberspace: Applying doctrines of accessorial liability to online groups – Gregor Urbas
10. In accordance with modern notions’: Criminal Responsibility at the turn of the Twentieth Century – Arlie Loughnan
11. Criminal Responsibility and Family Violence: The Relationship between (Feminist) Academic Critique and Judicial Decision-making  – Heather Douglas
12. Criminal responsibility and Objective Fault Requirements: A Feminist Assessment of Reasonableness in Self-defence  – Stella Tarrant
13. Home invasion, excessive force and self-defence in The Walking Dead – Penny Crofts
14. The criminal law and nineteenth-century treatment of Aboriginal human remains – Stephen Gray
15. Proof of serial child sexual abuse: Case-law developments and recidivism data – David Hamer
16. Pre-Crime control measures: anti-association law – Andrew Dyer
17. The Policing of Immigration: Raids, Citizenship and the Criminal Law – Louise Boon-Kuo
18. Contemporary Challenges for the Delivery of International Criminal Justice: Where to the ICC – Mark Findlay

Edited by:

Thomas Crofts – Associate Professor, Sydney Law School, The University of Sydney

Arlie Loughnan – Associate Professor, Sydney Law School, The University of Sydney

Contributors:
David Brown – Emeritus Professor, School of Law, University of New South Wales
Luke McNamara – Professor, School of Law, University of Wollongong
Tanya Mitchell – Lecturer, School of Law, University of Sydney
Melanie Schwartz – Senior Lecturer, School of Law, University of New South Wales
Julia Quilter – Senior Lecturer, School of Law, University of Wollongong
Alex Steel – Associate Dean (Academic), School of Law, University of New South Wales
Gregor Urbas – Associate Professor, School of Law, University of Canberra
Heather Douglas – Professor, TC Beirne School of Law, The University of Queensland
Stella Tarrant – Associate Professor, School of Law, The University of Western Australia
Penny Crofts – Associate Professor, Faculty of Law, University of Technology, Sydney
Stephen Gray –Senior Lecturer, Faculty of Law, Monash University
David Hamer – Associate Professor, School of Law, University of Sydney
Andrew Dyer – Lecturer, School of Law, University of Sydney
Louise Boon-Kuo – Lecturer, School of Law, University of Sydney
Mark Findlay – Professor of Criminal Justice and Deputy Director of the Institute of Criminology, University of Sydney; Professor of Law, Singapore Management University

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

Read a sample chapter from Criminalisation and Criminal Responsibility in Australia:

Chapter 1: Introduction

"This impressive book adds wonderfully to the growing number of scholarly works on current Australian criminal justice practice. It brings together in one volume the most up to date research on criminalisation and criminal responsibility from a range of social, cultural and political perspectives. Policy-makers concerned with shaping the future of Australian criminal law well into the 21st century will need this book on their shelves."

Rick Sarre, Professor in the School of Law at University of South Australia and President of the Australian and New Zealand Society of Criminology

"Thomas Crofts and Arlie Loughnan have brought together a group of both established and next wave criminal law scholars to explore two main questions: when should the state use the criminal law to regulate behaviour and who should be held accountable for criminal actions? This collection provides much needed contextual and/or historical perspectives on offences that are under-explored such as public order crimes, summary offences and the possession and use of cannabis as well as new technology-related offences including sexting, complicity in cyberspace, webcam child sex tourism and using mobile devices while driving. It is a must-read for all those interested in theories and policies of criminalisation and criminal responsibility."

Bernadette McSherry, Foundation Director, Melbourne Social Equity Institute and Adjunct Professor of Law, Melbourne Law School, University of Melbourne; Adjunct Professor of Law, Monash University.