Annotated Bibliography
Vickers, Lee. “The Second Closet: Domestic Violence in Lesbian and Gay Relationships: A Western Australian Perspective.” Murdoch University Electronic Journal of Law 3, no. 4 (1996): 1-7.
The article gives a comprehensive encounter of the gays and how they are currently being neglected in the society. It explains what same sex domestic violence is by defining it as the violence that starts in an intimate relationship involving same sex. There is a generic definition of violence that gives a specific explanation whether the relationship is heterosexual or homosexual in nature. This article explains this concept using a lesbian relationship as an example; where only one party to the relationship needs to control the other and this is mostly reported as violence. In the case of gays, the article is very conversant in the way it describes same sex violence; with regards to this, violence in gay marriages or relationships involves any form of torture or forceful chastise that leaves the other partner physically or emotionally disturbed.
Australia has been reported to have the highest rates of same sex related violence in the society. The society and the government have remained silent on the issues of same sex violence and this has caused partners to adopt underground means of settling scores. Lack of judicial and legal frameworks has contributed to high prevalence of deaths related to same sex violence. The article is very informative since outlines a couple of the reasons behind the rampant increase in cases of negligence and lack of concern, especially from the government. One of the reasons cited is that the society has not yet recognized gays and hence it is hard to stand up for their rights, not even in a court of law. In addition, the article gives an account of how negligent criminal law has turned out to be, in terms of helping and according human rights to affected individuals who are in same sex marriages. It starts by analyzing police attitude, claiming law officers are biased; in addition, the article points out that state law is biased since it is against sodomy and same sex relationships; making it hard for a law enforcing officer to get fully involved in a same sex relationship.
The article is also very specific when it comes to presentation of the cases at the courts. At the courts, most of the victims are reluctant to expose their sexual orientation and they consider having the case heard in private rooms to conceal their sexual orientation. However, the article adds that there are increased efforts to make sure the society is sensitized, to enable it to accept and recognize same sex marriage. This has been done through review of marriage bills and other important aspects concerning same sex marriages.
Spooner, Catherine, Hall Wayne, and Mattick Richard P. “An Overview of Diversion Strategies for Australian Drug-Related Offenders.” Informa Healthcare 20, no. 3 (2001): 281-294.
The article is explicit in the way it gives an account of how drug related offenders in Australia have been diverted from facing criminal justice. Some of the offenders diverted from facing criminal justice are individuals found engaging in illegal activities such as drinking while driving. The paper states that there are a number of efforts made by judicial and legal systems that are focused on ensuring that offenders do not face criminal law. Some of the efforts are; pre-arrest, which is the process that follows after an offence is detected. Police introduce fines, cautions or warnings, which could be in form of referrals or educative classes. The other tactic used to evade facing criminal justice is the pretrial process, where charges are made outside a court; the evasive tactic is applied in form of bails, discretion of the prosecutor or conferencing. The article adds that there could be pre-sentence delays in submitting justice to the accused together with post-sentence efforts that include suspension of sentences and non custodial sentences. Before the release of an accused person from a sentence on parole basis, there are many efforts that are done to ensure that victims are not subjected to further accusations on the offence committed. However, the article does not give an account of the efforts being done by the Australian government to correct these loopholes.