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This chapter examines the differing ways in which the criminal responsibility of children has been understood in English and Australian common law. The doctrine of “doli incapax” has for many centuries worked to establish a presumption in law that children between the ages of around 10 and 14 are incapable of forming criminal intent, unless it can be shown that they are capable of ‘guilty knowledge’ about their actions. In this approach, children are presumed to be ‘naughty’ until it can be shown that they are ‘bad’. However, events such as the murder of James Bulger in 1993 have led to the abolition of the doctrine in the UK, and its questioning in Australia. The chapter will outline how and why the law’s distinction between adults and children in relation to crime has become unstable, and explain the implications of the legal conception of childhood for the sociology of childhood more broadly. It will also explore how a closer look at the history of the doli incapax presumption sheds considerable light on the central and active role played by the judiciary and the legal profession, as opposed to other social and professional groups, in the development of a particular legal construction of childhood.

Archive footage is now a staple of much cinematic and broadcast production. This chapter explores some of the ways in which archival material has been recycled and considers some of the tensions between filmmakers, archivists, and audiences throughout the process of research, production, and screening. It considers some of the controversies associated with the repositioning of material in short-form, narrative and documentary filmmaking, particularly in relation to content that was never intended for exhibition in the public sphere. Drawing upon Benjaminian ideas of accessing authenticity in a form that has been reproduced, it considers the responsibility of both filmmaker and viewer in critiquing moving image content that has borrowed, self-consciously or surreptitiously, from earlier filmic forms. It concludes by making recommendations for an ethical approach to recycling archival material in research contexts that are pertinent to the burgeoning field of academic creative practice, with a particular focus on the stakeholders involved and a reasonable contextual positioning of the source material in its remediated form.

The manner in which the media reports crime stories and criminal behaviour, and how it portrays offenders, impacts upon the public perception of the type of services available to those requiring treatment, containment or training in the centres in which we work. News reporting not only shapes the views of the general public but also places in the spotlight those who work within these services.This paper examines the position of crime, and criminal or deviant behaviour in the hierarchy of newsworthiness and explores some ways in which public services are protecting themselves from the dangers of unwanted media attention.