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  • Professor Kathleen Daly
  • Curriculum vitae
  • Publications

Professor Kathleen Daly

Publications last updated October 2011.
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).

Recent key publications (updated October 2011)

  1. Defendants in the Circle: Nowra Circle Court, the Presence and Impact of Elders, and Re-Offending.  Brisbane:  School of Criminology and Criminal Justice, Griffith University, November 2009 (with Gitana Proietti-Scifoni).
  2. 'The Elders know...the white man don't know': offenders' views of the Nowra Circle Court. Indigenous Law Bulletin (2011) 7 (24) : 17-21 (with Gitana Proietti-Scifoni).
  3. Rape and attrition in the legal process: a comparative analysis of five countries.  In Michael Tonry (ed.) Crime and Justice: A Review of Research Vol. 39 (2010), pp. 565-650. Chicago: University of Chicago Press (with Brigitte Bouhours).
  4. Feminist perspectives in criminology:  a review with Gen Y in mind.   In Eugene McLaughlin and Tim Newburn (eds.) The Handbook of Criminological Theory (2010), pp. 225-246. London: Sage.
  5. 'One pair of shoes, one life': steps toward accountability for genocide in Srebrenica. International Journal of Transitional Justice (2011) 5(3): forthcoming (with Olivera Simic).
  6. Conventional and innovative justice responses to sexual violence. ACSSA Issues (2011) 12. Melbourne: Australian Institute of Family Studies.


Full publications list

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 researcher-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 (1998) 1(1): 21-45 (with Russ Immarigeon).
  5. South Australia Juvenile Justice and Criminal Justice (SAJJ-CJ) Technical Report No. 1: Project Overview and Research Instruments. Brisbane: School of Criminology and Criminal Justice, Griffith University, December 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 publication 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, September 2000 - revised July 2001). Punishment and Society (2002) 4(1): 55-79.
  14. Restorative Justice and Conferencing in Australia (original and update)
    • Restorative justice and conferencing in Australia. Trends and Issues in Crime and Criminal Justice No. 186 (2001), pp. 1-6. Canberra: Australian Institute of Criminology (with Hennessey Hayes).
    • Update Conferencing in Australia and New Zealand, table updated July 2005 (with Hennessey Hayes).
  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. Brisbane: 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.  In Victims and Mediation (2008), edited and published by Associação Portuguesa de Apoio à Vítima (APAV), Lisbon, with support from the European Union, pp. 15-35.
  25. The punishment debate in restorative justice. In Jonathan Simon and Richard Sparks (eds.) The Handbook of Punishment and Society (forthcoming). London: Sage Publications.

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 gathered and analysed 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; analyses of sentencing remarks in youth sexual assault cases; 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 them.  Part 2 (A) lists the publications relating to the race and gender politics of new justice practices and includes 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. Brisbane: 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.
  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. In James Ptacek (ed.) Feminism, Restorative Justice, and Violence Against Women (2010), pp. 150-74. 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: 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.
  21. Restorative Justice in Cases of Gendered Violence:  Views from Aotearoa Opinion Leaders. Gitana Proietti-Scifoni, BCCJ (Hons) thesis (School of Criminology and Criminal Justice, Griffith University, November 2008). For a publication arising from this thesis, see item 22 below.
  22. Gendered violence and restorative justice:  the views of New Zealand Opinion Leaders. Contemporary Justice Review (2010) 14 (3): 269-290 (with Gitana Proietti-Scifoni).
  23. Conferences and gendered violence: practices, politics, and evidence. In Estelle Zinsstag and Ingrid Vanfraechem (eds.) Conferencing and Restorative Justice: Challenges, Developments and Debates (forthcoming, 2012). Oxford: Oxford University Press.
Part 2 (B):  Indigenous sentencing courts and other justice practices
  1. Indigenous courts and justice practices in Australia, original and update.
    • Indigenous courts and justice practices in Australia. Trends and Issues in Crime and Criminal Justice No. 277 (2004), pp. 1-6. Canberra: Australian Institute of Criminology (with Elena Marchetti).
    • Update Indigenous sentencing courts in Australia, table updated July 2005 (with Elena Marchetti).
  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), pp. 3-30. Bingley, UK: Emerald Group Publishing. 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.
  8. Defendants in the Circle:  Nowra Circle Court, the Presence and Impact of Elders, and Re-Offending.  Brisbane:  School of Criminology and Criminal Justice, Griffith University, November 2009 (with Gitana Proietti-Scifoni).
  9. 'The Elders know...the white man don't know': offenders' views of the Nowra Circle Court. Indigenous Law Bulletin (2011) 7 (24) : 17-21 (with Gitana Proietti-Scifoni).

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 two 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 developed and developing world, and 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.  Other relevant theoretical papers are included here.

  1. Rape and attrition in the legal process: a comparative analysis of five countries.  In Michael Tonry (ed.) Crime and Justice: A Review of Research Vol. 39 (2010), pp. 565-650. Chicago: University of Chicago Press (with Brigitte Bouhours).
  2. Feminist perspectives in criminology:  a review with Gen Y in mind.   In Eugene McLaughlin and Tim Newburn (eds.) The Handbook of Criminological Theory (2010), pp. 225-246. London: Sage. 
  3. Reparation and restoration. In Michael Tonry (ed.) Oxford Handbook of Crime and Criminal Justice (2011), pp. 207-253. Oxford:  Oxford University Press (with Gitana Proietti-Scifoni).
  4. Formal and informal justice responses to youth sex offending (prepared for Research-Policy-Practice Symposium on Preventing Youth Sexual Violence and Abuse, Griffith University, South Bank Auditorium, April 2010, substantially revised September 2011).
  5. 'One pair of shoes, one life': steps toward accountability for genocide in Srebrenica. International Journal of Transitional Justice (2011) 5(3): forthcoming (with Olivera Simic).
  6. Conventional and innovative justice responses to sexual violence. ACSSA Issues (2011) 12. Melbourne: Australian Institute of Family Studies.
  7. Youth sex offending, recidivism, and restorative justice: comparing court and conference cases (revised 6 September 2011). Paper currently under review (with Brigitte Bouhours, Roderic Broadhurst, and Nini Loh).

Other Publications and Book Reviews

  1. The war on sex offenders: community notification in perspective. Australian and New Zealand Journal of Criminology (2001) 34(3): 256-76 (with Lyn Hinds).
  2. Pile it on: more texts on RJ. Theoretical Criminology (2004) 8(4): 499-507.
  3. Books and edited collections on restorative justice. 1994-2003 (with Brigitte Bouhours, May 2004).
  4. 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).  For a new edition of this chapter, see Publication 7.
  5. In an abusive state:  how neoliberalism appropriated the feminist movement against sexual violence. Bumiller, Kristin (2008) Book Review. Theoretical Criminology (2009) 13(2): 269-71.
  6. Shake it up baby: practising rock 'n' roll criminology (revised 30 April). In Mary Bosworth and Caroline Hoyle (eds.) What is Criminology? (2011), pp. 111-124.  Oxford: Oxford University Press.
  7. Innovative justice processes: restorative justice, Indigenous justice, and therapeutic jurisprudence.  In Marinella Marmo, Willem de Lint, and Darren Palmer (eds.) Crime and Justice: A Guide to Criminology (4th ed.) (2012), pp. 455-481. Sydney: Lawbook Company (with Elena Marchetti).
  8. Aims of the criminal justice system.  In Marinella Marmo, Willem de Lint, and Darren Palmer (eds.) Crime and Justice: A Guide to Criminology (4th ed.) (2012), pp. 289-406. Sydney: Lawbook Company.

Selected plenary addresses and conference papers

  1. Of numbers and narrative.  Prepared for Law and Society Annual Meeting, Amsterdam, June 1991.
  2. What would have been justice? Remarks prepared for the Plenary on Sexual Harassment in the Thomas Hearings, Law and Society Annual Meeting, 27-31 May 1992.
  3. Seeking justice in the 21st century: the contested politics of race and gender. Professorial lecture presented at the Queensland College of Art, Griffith University, South Bank, 21 April 2005.
  4. Racializing restorative justice: lessons from Indigenous justice practices. Powerpoint presentation, Second Restorative Justice Conference, San Antonio, Texas, 13-15 May 2009. 
  5. Formal and informal justice responses to youth sex offending. Prepared for Research-Policy-Practice Symposium on Preventing Youth Sexual Violence and Abuse, Griffith University, South Bank Auditorium, April 2010 (substantially revised September 2011).
  6. Contextualizing sexual violence in a global perspective. Prepared for the 3rd National Conference on Restorative Justice, Campbell University, Raleigh, North Carolina, 8 June 2011.
  7. Innovative justice responses to sexual violence. Prepared for the AIJA Criminal Justice in Australia and New Zealand - Issues and Challenges for Judicial Administration Conference, Sydney, 7-9 September 2011.

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