Publications

Professor Kathleen Daly


Papers/reports available on-line and by links (in PDF format)

Important notice to users of this website

The papers on this website are made available as a service to interested readers.  When they become published, the full citation to the published version of the article or book chapter is given.  Users are kindly requested to use the published citation, and to reference the page numbers in the published version of the article or book chapter.  One exception is paper #17, under Part 1 publications (see the note in that website entry).

Part 1: Papers and reports arising from research on conferencing, including the SAJJ project (1998-99) and recidivism studies

  1. Diversionary conferences in Australia: a reply to the optimists and skeptics (prepared for American Society of Criminology Annual Meetings, Chicago, Nov 1996).
  2. Restorative justice: moving past the caricatures (prepared for Institute of Criminology, Sydney Law School, Apr 1998).
  3. The (r)evolution of restorative justice through researchers-practitioner relations (prepared for Youth Justice in Focus Conference, Wellington, Oct 1998) Ethics and Justice (1999) 2(1): 14-20. Also appeared in: Allison Morris and Gabrielle Maxwell (1999) (eds.) Youth Justice in Focus Conference Proceedings. Institute of Criminology, Victoria University of Wellington.
  4. The past, present, and future of restorative justice: some critical reflections. The Contemporary Justice Review 1 (1): 21-45 (1998) (with Russ Immarigeon).
  5. South Australia Juvenile Justice (SAJJ) Technical Report No. 1: Project Overview and Research Instruments (School of Criminology and Criminal Justice, Griffith University, Dec 1998). Also available at the AIC website.
  6. Restorative justice in diverse and unequal societies (prepared for Flinders University Symposium on Criminal Justice in Diverse Societies, Adelaide, Dec 1998) Law in Context (2000) 17(1): 167-90.
  7. Revisiting the relationship between retributive and restorative justice (prepared for Restorative Justice and Civil Society, Australian National University, Canberra, Feb 1999) In Heather Strang and John Braithwaite (eds.) Restorative Justice: Philosophy to Practice (2001), pp. 33-54, Aldershot, England: Dartmouth/Ashgate.
  8. Does punishment have a place in restorative justice? (prepared for Australian and New Zealand Society of Criminology Meeting, Perth, Sept 1999).
  9. What is the future of the Youth Court? Reflecting on the relationship of informal and formal justice (remarks to Australian and New Zealand Senior Youth court judges and magistrates, Adelaide, Oct 1999).
  10. Punishment and restorative justice: the views of young people (prepared for American Society of Criminology Annual Meeting, Toronto, Nov 1999).
  11. Restorative justice in Australia and New Zealand, Criminal Justice Matters (spring 2000) 39: 27-28. This publications has been removed from the website, superseded by more accurate updated information in publications 13, 14 and 18.
  12. Sexual assault and restorative justice (prepared for Restorative Justice and Family Violence, Australian National University, Canberra, July 2000). This is the fourth and final revision (December 2001). In Heather Strang and John Braithwaite (eds.) Restorative Justice and Family Violence (2002), pp. 62-88. Cambridge: Cambridge University Press.
  13. Restorative justice: the real story (plenary presentation, Scottish Criminology Conference, Edinburgh, Sept 2000 - revised July 2001). Punishment and Society (2002) 4(1): 55-79.
  14. Restorative Justice and Conferencing in Australia (original and update)
  15. Restorative justice in Australia and New Zealand: variations, research findings, and prospects. In Allison Morris and Gabrielle Maxwell (eds.) Restoring Justice for Juveniles: Conferencing, Mediation and Circles (2001), chapter 4, pp. 59-84. Oxford: Hart Publishing.
  16. South Australia Juvenile Justice (SAJJ) Technical Report No. 2: Research Instruments in Year 2 (1999) and Background Notes (School of Criminology and Criminal Justice, Griffith University, April 2001). Also available on the AIC website.
  17. Making variation a virtue: evaluating the potential and limits of restorative justice (prepared for the Fourth International Conference on Restorative Justive for Juveniles, Oct 2000, Tuebingen, substantially revised Nov 2001). In Elmar Weitekamp and Hans-Jurgen Kerner (eds.) Restorative Justice in Context: International Practice and Directions (2002), pp. 23-50. Devon, England: Willan Publishing. Note: the published version contains many errors: refer to the web version or request the errata sheet from Willan Publishing.
  18. Youth justice conferencing and re-offending. Justice Quarterly (2003) 20(4): 725-64 (with Hennessey Hayes).
  19. Restorative justice and conferencing. In Adam Graycar and Peter Grabosky (eds.) Handbook of Australian Criminology (2002), pp. 294-331. Cambridge: Cambridge University Press (with Hennessey Hayes).
  20. Mind the gap: restorative justice in theory and practice (prepared for the Cambridge Seminar on Restorative Justice, Cambridge and Toronto, 2000-01, substantially revised January 2002). In Andrew von Hirsch, Julian Roberts, Anthony E. Bottoms, Kent Roach, and Mara Schiff (eds.) Restorative Justice and Criminal Justice: Competing or Reconcilable Paradigms? (2003), pp. 219-36. Oxford: Hart Publishing.
  21. Conferencing and re-offending in Queensland. Australian and New Zealand Journal of Criminology (2004) 37(2): 167-91 (with Hennessey Hayes).
  22. The limits of restorative justice. In Dennis Sullivan and Larry Tifft (eds.) Handbook of Restorative Justice: A Global Perspective (2006), pp. 134-45. New York: Routledge.
  23. Girls, peer violence and restorative justice.  Australian and New Zealand Journal of Criminology (2008) 41(1): 109-37.
  24. Entries and endings:  victims' journeys with justice. To appear in Victims and Mediation, edited and published by Associação Portuguesa de Apoio à Vítima (APAV), Lisbon, with support from the European Union  (forthcoming 2008, in English and Portuguese).

Part 2: Papers and reports arising from research on the SAJJ-CJ project (2001-03) and on the gender and race politics of new justice practices (2004-06)

The South Australia Juvenile Justice and Criminal Justice (SAJJ-CJ) Project on Conferencing and Sentencing is gathering and analysing data on the race and gender politics of new justice practices in Australia (South Australia and Queensland) and New Zealand. Sub-studies include an archival study of sexual offence cases finalised in Youth court and by conference and formal caution; interview studies of victim advocacy groups and of Indigenous and non-Indigenous women's views on restorative justice in handling cases of sexual and gendered violence; and observational and interview studies of urban Indigenous sentencing courts and other justice practices in more remote areas of Australia. Both projects have been funded by the ARC.

The publications arising from these projects are presented below in two sections, although there is some overlap between the sections.  Part 2 (A) lists the publications relating to the race and gender politics of new justice practices and include research papers on the use of restorative justice in cases of sexual violence.  Part 2 (B) lists publications relating to Indigenous courts and other justice practices in Australia.

Part 2 (A):  Race and gender politics of new justice practices and RJ in cases of gendered violence
  1. Sexual offence cases finalised in court, by conference, and by formal caution in South Australia for young offenders, 1995-2001, Final Report (School of Criminology and Criminal Justice, Griffith University, August 2003). Note: This report is superseded by publication 9.
  2. Gendered violence and restorative justice: the views of victim advocates. Violence Against Women (2005) 11(5): 603-38 (with Sarah Curtis-Fawley).
  3. See Part 2 (B), paper 1 for this publication.
  4. South Australia Juvenile Justice and Criminal Justice (SAJJ-CJ) Technical Report No. 3: Sexual Assault Archival Study (SAAS), An Archival Study of Sexual Offence Cases Disposed of in Youth Court and by Conference and Formal Caution, 3rd edition, revised, expanded, and updated. Brisbane, Queensland: School of Criminology and Criminal Justice, Griffith University, July 2007.
  5. See Part 2 (B), paper 2 for this publication.
  6. Restorative justice for victims of sexual assault. In Karen Heimer and Candace Kruttschnitt (eds.) Gender and Crime: Patterns of Victimization and Offending (2006), pp. 230-65. New York: New York University Press (with Sarah Curtis-Fawley).
  7. A tale of two studies: restorative justice from a victim's perspective. In Elizabeth Elliott and Robert Gordon (eds.) New Directions in Restorative Justice: Issues, Practice, Evaluation (2005) pp. 153-74. Cullompton, UK: Willan Publishing.
  8. Restorative justice and sexual assault: an archival study of court and conference cases. Lecture presented by K. Daly, October and November 2004, to University of Cambridge, Oxford University, University of Strathclyde, and the London School of Economics. This lecture is superseded by Publication 9.
  9. Restorative justice and sexual assault: an archival study of court and conference cases. British Journal of Criminology (2006) 46(2): 334-56, doi:10.1093/bjc/azi071.
  10. Feminist engagement with restorative justice. Theoretical Criminology Special Issue on 'Gender, Race, and Restorative Justice' (2006) 10(1):9-28 (with Julie Stubbs).
  11. Feminist theory, feminist and anti-racist politics, and restorative justice. In Gerry Johnstone and Daniel van Ness (eds.) Handbook of Restorative Justice (2007), pp. 149-70. Cullompton: Willan Publishing (with Julie Stubbs).
  12. What does a modernised justice system mean to women? Remarks prepared for the Victims Support Agency Forum, 14 September 2005, Melbourne Town Hall.
  13. Adolescent Sex Offending: An Analysis of Judicial Sentencing Remarks. Brigitte Bouhours, BA (Hons) thesis (School of Criminology and Criminal Justice, Griffith University, June 2006). For publications arising from this thesis, see items (14) and (15) below.
  14. Youth sex offenders in court: an analysis of judicial sentencing remarks. Punishment and Society (2007) 9(4): 371-94 (with Brigitte Bouhours).
  15. Judicial censure and moral communication to youth sex offenders.
    Justice Quarterly (2008) 25(3): 496-522 (with Brigitte Bouhours). 
  16. Restorative justice and youth violence towards parents. To appear in James Ptacek (ed.) Feminism, Restorative Justice, and Violence Against Women (2009, forthcoming). New York: Oxford University Press (with Heather Nancarrow).
  17. South Australia Juvenile Justice and Criminal Justice (SAJJ-CJ) Technical Report No. 4: In-Depth Study of Sexual Assault and Family Violence Cases. Brisbane, Queensland: School of Criminology and Criminal Justice, Griffith University, February 2007 (with Brigitte Bouhours and Sarah Curtis-Fawley).
  18. See Part 2 (B), paper 3 for this publication.
  19. See Part 2 (B), paper 4 for this publication.
  20. Setting the record straight and a call for radical change: a reply to Annie Cossins on restorative justice and child sex offences.  British Journal of Criminology (2008) 48(4): 359-78.
Part 2 (B):  Indigenous sentencing courts and other justice practices
  1. Indigenous courts and justice practices in Australia, original and update.
  2. In Search of Justice in Domestic and Family Violence. Heather Nancarrow, MA (Hons) thesis (School of Criminology and Criminal Justice, Griffith University, October 2003). For a publication arising from this thesis, see Theoretical Criminology (2006) 10(1): 87-106.
  3. Indigenous sentencing courts: towards a theoretical and jurisprudential model. Sydney Law Review (2007) 29(3): 415-43 (with Elena Marchetti).
  4. Seeking justice in the 21st century: towards an intersectional politics of justice. In Holly E. Ventura Miller (ed.) Restorative Justice: From Theory to Practice (Sociology of Crime, Law, and Deviance Series, Vol. 11) (2008), Bingley, UK: Emerald Group Publishing.  pp. 3-30. This publication is an update and expansion of a Professorial Lecture presented in April 2005, Griffith University, South Bank campus.
  5. Racializing Restorative Justice:  Lessons from Indigenous Justice Practices. Plenary address to the Second Restorative Justice Conference, San Antonio, Texas, 13-15 May 2009.
  6. Racializing Restorative Justice:  Lessons from Indigenous Justice Practices. Powerpoint presentation, Second Restorative Justice Conference, San Antonio, Texas, 13-15 May 2009.
  7. Analysis of Australian Indigenous imprisonment and demographic information. Brisbane: School of Criminology and Criminal Justice, Griffith University, April 2009.

Part 3: Papers and reports arising from research project on innovative justice responses to sexual violence (2008-11)

This project investigates the emergence, operation, and impact of innovative  justice responses to victims of sexual violence for a global sample of countries over 2 decades (1990-2009).  It expands the scale and scope of my previous research on restorative and Indigenous justice in Australia, New Zealand, and Canada by including a wider set of nations and justice practices in the global north and south, in different socio-political contexts (conflict, post-conflict, and peace).  This project is funded by the ARC.   For a short description of the project, click here

  1. Rape and attrition in the legal process: a comparative analysis of five countries. Paper under review, revised March 2009 (with Brigitte Bouhours).
    Appendices.
  2. Supporting Documentation for the Attrition Study of Five Countries, Appendices A to E. Brisbane: School of Criminology and Criminal Justice, Griffith University, April 2009 (with Brigitte Bouhours).
  3. Rape and attrition in the legal process: a comparative analysis of five countries. Powerpoint presentation, 2008 (with Brigitte Bouhours).

Other Restorative Justice Related Publications

  1. Pile it on: more texts on RJ. Theoretical Criminology (2004) 8(4): 499-507.
  2. Books and edited collections on restorative justice. 1994-2003 (with Brigitte Bouhours, May 2004).
  3. New visions of justice. In Andrew Goldsmith, Mark Israel, and Kathleen Daly (eds.) Crime and Justice: A Guide to Criminology (3rd ed.) (2006), pp. 439-64. Sydney: Law Book Company (with Hennessey Hayes and Elena Marchetti).

Other Papers

School of Criminology and Criminal Justice

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