Book Review: Findlay, M., Odgers, S., & Yeo, S. (2005). Australian Criminal Justice (3rd ed.). Victoria, Australia: Oxford University Press. Pp. 412

• DOI: 10.1177/1057567707310577
• Author: Jennifer Ross
• Published date: 01 December 2007
• Date: 01 December 2007
• Subject Matter: Articles

management through restorative justice can promote the same sort of oppression. Roger Matthews

(chapter 11) proposes that the practice of restorative justice should divorce itself from the theory of

reintegrative shaming. Shaming is one of the major theoretical foundations of restorative justice. Matthews

argues that the restorative justice practices that use shaming as the foundation further stigmatize

marginalized groups in society. This process, especially if institutionalized, will perpetuate the negative

labeling of marginalized groups.

Morris Jenkins

University of Toledo, Ohio

Findlay, M., Odgers, S., & Yeo, S. (2005). Australian Criminal Justice (3rd ed.). Victoria,

Australia: Oxford University Press. Pp. 412.

DOI: 10.1177/1057567707310577

The third edition of Australian Criminal Justice begins by asserting that since the publication of

the 2nd edition 6 years before Australian courts have decreased individual rights within the criminal

justice system (CJS) and increased punishments “for the sake of community welfare and protection”

(p. xvi). The authors continue, “[i]f . . . the condition of a nation’s criminal justice system is a

barometer of a nation’s civilisation, Australia as a civilised nation is in steep decline” (p. xvii). The

purpose of this edition is to explain the workings of the Australian CJS and critically assess the indi-

vidual rights that have been granted, removed, or infringed upon. This is done throughout by making

suggestions concerning the changes needed to extend the rights of the individual within the system.

With the exception of the first and final chapters, the chapters in this book represent stages in the

CJS through which a hypothetical accused would pass. The first chapter, “Criminal Responsibility”,

provides background criminological knowledge surrounding issues such as the functions of criminal

law, the elements of crime, and categories of criminal law. This introduction is provided to make the

book accessible to a wider audience, according to the authors’ stated intention. Often, concepts have

been explained in a simplistic manner but have also included more sophisticated evidence such as

case law, criminal legislation, and United Nations’ Covenants that have been ratified by Australia.

The book, therefore, can be comprehended by individuals outside of the criminal justice field while

supplying enough detail and specificities to be useful and interesting to those inside the criminological

discipline.

The chapters through the body of the book follow the course of the CJS from investigation (chapters

2, 3), pre-trial (chapter 4), trial (chapters 5, 6), through punishment and sentencing (chapters 7 and

8, respectively), and appeals (chapter 9).

Chapter 2 (“Investigation”) focuses on police process from the call for service to the police inter-

rogation. In particular, this chapter examines alternatives to arrest, such as infringement notices, “on

the spot fines,” and court appearance notices (p. 45). However, it is noted that these alternatives “do

not address the problem of excessive use of the arrest power as an instrument of control” (p. 45).

The authors site examples of arrest for offenses such as using offensive language as inappropriate

and leading to unnecessary repercussions. The book consistently illuminates examples, such as this,

where powers are taken away from the individual and instilled within the justice system.

Chapter 3 (“The New Investigators”) discusses new methods used for crime control. However,

rather than the expected discussion on new technologies used by the police, the chapter focuses on

the proliferation of organizations developed by the Australian CJS to combat crime, such as the

Australian Crime Commission and the Independent Commission Against Corruption. This chapter

is the most technically difficult for readers whose experience falls outside of the CJS.

358 International Criminal Justice Review