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Although Giorgio Agamben figures prominently in research examining sovereign state-based exclusion, his theories are marked by two commonly identified limitations. The absolute nature of Agamben's conceptualization of exclusion diminishes meaningful minority resistance, and his disembedded account of excised peoples as homo sacer hides the common racial basis of sovereign violence. Consequently, this article draws on the work of Achille Mbembé and Alexander G. Weheliye to reframe Agamben's sovereign exclusion as an everyday and contested process that is inseparable from the racial production of minorities. This reconceptualised framework is used to demonstrate how police violence towards Black Americans in the United States of America and the death of Aboriginal and Torres Strait Islander Peoples in custody in Australia is orientated towards the production of political communities. I argue that these cases of racial exclusion treat Bla(c)k people as homo sacer to define the colonial sovereignstate polities of the US and Australia in covert racial terms. [ABSTRACT FROM AUTHOR]

Spit hoods have been used for decades to reduce the ability of people to spit and bite police officers, corrective services officers, paramedics, doctors and nurses. However, historically and in public consciousness they have sinister resonances and often induce fear, panic and distress in persons to whom they are applied or in whose presence they are worn. Problematically frequently spit hoods have been used on detainees from ethnic minorities, including in Australia, on Indigenous persons, individuals with mental illnesses and children taken into custody. On a number of occasions spit hoods have been used with other forms of restraint and been associated with deaths in custody. This editorial reviews high profile cases internationally where spit hoods have played a role in precipitating deaths, important reports and reviews, including from coroners, ombudsmen and commissions of inquiry, into their abuse, and law reform in relation to spit hoods. It supports their abandonment and their replacement with other personal protective equipment options for maintaining custodians' and carers' occupational health and safety. [ABSTRACT FROM AUTHOR]

Between 1990 and the time of writing, 1,849 people have died in police custody or otherwise following police contact in England and Wales, with people from racially minoritised backgrounds over-represented in use of force and restraint related deaths. Drawing upon research undertaken by the authors, alongside bereaved families, this paper approaches these deaths as a form of institutional killings, surfacing the norms, cultures and values which systematically omit, obfuscate and mystify the violence of police action and inaction that eventuates these deaths. We contend that the police use of lethal force is therefore embedded and enmeshed within the processes, attitudes and behaviours of the police as an institution – both historically and in the present – which shapes how those killed encounter the police, how their deaths are (re)presented and how their bereaved families experience the processes which follow. The article argues that these processes follow a predictable pattern, with a similar lack of accountability also observable across other aspects of the criminal justice sector in relation to state deaths. [ABSTRACT FROM AUTHOR]

Forensic medicine has traditionally been understood as constituting a tension between medical and legal roles: a care-custody paradox. Rather than reinforcing this paradox, however, in this paper I will draw upon a study of Healthcare Professionals working within police custody suites in England in order to show the ways that they coproduce [Jasanoff, S., 2004. States of knowledge: the co-production of science and social order. London: Routledge] their work with the aim of simultaneously meeting the requirements of both their police (for instance PACE codes) and healthcare (for instance the Nursing and Midwifery Code of Practice) responsibilities. Focusing on acts of 'mundane care' [Brownlie, J. and Spandler, H., 2018. Materialities of mundane care and the art of holding one's own. Sociology of health and illness, 40 (2), 256–269], the typification of detainees and the use of detention cells as risk management tools, I will show that rather than undergoing an existential crisis, Healthcare Professionals mobilise coproduced practices in order to perform their work successfully, thereby further enabling police and detention officers to achieve their custody objectives. [ABSTRACT FROM AUTHOR]

Women's deaths in custody remain under‐researched around the world. This article reports on a large‐scale study on deaths in custody conducted in Australia that involved an analysis of 736 coroners' inquest reports dated between 1991 and 2020. Women were substantially under‐represented among this sample, comprising less than 5% of all deaths, but half of the women were Indigenous. While most of the women had a range of individual risk factors in common – such as a history of victimisation, mental illness and drug and alcohol use – the Indigenous women also experienced systemic racism from their custodians and the medical personnel to whom they were referred for treatment. While most coroners focused primarily on the cause of death, some made recommendations directed at addressing unconscious bias. This research supports calls for alternatives to detention for women and the decriminalisation of racialised offences such as public intoxication. [ABSTRACT FROM AUTHOR]

This article develops a framework to think sociologically about the containment of activism in contexts of state racism. It argues that normal everyday practices of the police and judicial system have mechanisms which contain challenges to their authority. It shows how state racism is embedded within the criminalisation of black people and enacted through policing. The analysis focuses on Scotland's first black death in police custody and the campaign formed by his family to establish the circumstances of the death. Sheku Bayoh died shortly after being arrested and restrained by up to nine police officers in Kirkcaldy, a small town on the east coast of Scotland, in May 2015. I pay attention to the role played by racism in the media's framing of Sheku's death, common in explaining deaths of black people at the hands of the police. [ABSTRACT FROM AUTHOR]

It's been 30 years since the tabling of the Royal Commission into Aboriginal Deaths in Custody and for Indigenous people things are worse than they have ever been when dealing with the justice industry. [ABSTRACT FROM AUTHOR]

Excited delirium, a diagnosis not found in the DSM and lacking clear criteria, has been used to explain fatalities of people in police custody, especially deaths of young Black men, and to exculpate police officers from responsibility. The label has also been invoked to justify the forceful restraint and sedation of people who may fail to obey the orders of law enforcement; ketamine, a dissociative anesthetic with potent sedative properties and a high rate of causing respiratory distress, is often used in these situations. This combination of a dubious diagnosis and a medication with serious side effects has set the stage for tragic outcomes. [ABSTRACT FROM AUTHOR]

George Floyd’s death at the knee of USA police sparked protests and renewed reporting of Indigenous deaths in custody in Australia. As the 30th anniversary of the release of the final report of the Australian Royal Commission into Aboriginal Deaths in Custody approaches, it is timely to update Wendy Bacon’s 2005 research on deaths in custody journalism. While most deaths in custody continue to pass in judicial and media silence, this article, written from a white journalism academic’s perspective, includes instances of in-depth reporting since 2005, journalism that meets the Royal Commission’s observation that journalism can contribute to justice for Aboriginal people when it places deaths in custody in their social and moral contexts. It also includes mini-case study of the news coverage of Mr Ward’s 2008 death, which demonstrates the relationship between governmental or judicial processes and announcements and patterns of coverage. It also notes the effect that First Nations journalists are having on the prevalence, perspectives and depth of deaths in custody journalism. Information and resources are provided for journalists and journalism students to more effectively report Indigenous deaths in custody, include Indigenous voices in their stories, and to better understand trauma and take care of themselves, their sources and their communities

At a critical juncture in carceral politics globally and in Australia, the rapid responses to the COVID-19 pandemic reveal the capacity for timely, systemic change in the justice system. Despite international best practice and the Black Lives Matter movement, this comment considers how the pandemic was a missed opportunity for governments to re-imagine the justice system to end the over-incarceration and deaths in custody of Aboriginal and Torres Strait Islander people. Australian governments' carceral, punitive policing and prison COVID-19 responses have disproportionately caused harm to, discriminated against and breached the rights of Aboriginal and Torres Strait Islander people; the full consequences of which are yet to be realised. [ABSTRACT FROM AUTHOR]

This introduction to the special issue of Race & Class on Race, Mental Health and State Violence by its guest-editors sets out the main themes and scope of the issue, and its genesis, together with a brief account of the contributions included. [ABSTRACT FROM AUTHOR]

George Floyd's death at the knee of USA police sparked protests and renewed reporting of Indigenous deaths in custody in Australia. As the 30th anniversary of the release of the final report of the Australian Royal Commission into Aboriginal Deaths in Custody approaches, it is timely to update Wendy Bacon's 2005 research on deaths in custody journalism. While most deaths in custody continue to pass in judicial and media silence, this article, written from a white journalism academic's perspective, includes instances of in-depth reporting since 2005, journalism that meets the Royal Commission's observation that journalism can contribute to justice for Aboriginal people when it places deaths in custody in their social and moral contexts. It also includes mini-case study of the news coverage of Mr Ward's 2008 death, which demonstrates the relationship between governmental or judicial processes and announcements and patterns of coverage. It also notes the effect that First Nations journalists are having on the prevalence, perspectives and depth of deaths in custody journalism. Information and resources are provided for journalists and journalism students to more effectively report Indigenous deaths in custody, include Indigenous voices in their stories, and to better understand trauma and take care of themselves, their sources and their communities. [ABSTRACT FROM AUTHOR]

Several commissions of inquiry have recommended the reform or abolition of laws that criminalise the use of offensive language in Australia. These criminal offences have been linked to the over-policing and deaths in custody of Indigenous Australians. Australian state and territory governments have not only ignored these recommendations; they have also added new weapons to the police officer's arsenal to control and punish swearing in public. Through an analysis of several case studies sourced from coronial inquiries and the Royal Commission into Aboriginal Deaths in Custody, this article argues that there is a need for urgent reform of laws that criminalise offensive language. [ABSTRACT FROM AUTHOR]

Mental health and substance misuse disorders are associated with unnatural deaths in prisoners. Deaths in Irish prisons between 2009 and 2014 were retrospectively analysed using coroner's findings, including post-mortem toxicology. There were 69 deaths in custody, 38 of which met inclusion criteria. All deaths by overdose (16) were positive for illicit drugs; 53% of deaths (8 of 15) due to hanging were also positive for illicit drugs, and 29% of deaths (2 of 7) from other causes were toxicology positive. In conclusion, 26 unnatural deaths (68%) were associated with use of illicit drugs, which are a major contributory factor to deaths of prisoners.

People with serious mental disorders (PSMDs) are overrepresented both in prison deaths and during fatal encounters with the police in the community (deaths after police contact, DAPC). To identify common factors present across cases of who died during contact with the criminal justice system in Queensland, publicly available coroners reports were analysed (N = 38). The findings of the study indicated psychosis and mood disorders were the most common diagnosis in incarcerated PSMD deaths, and suicide was the most common cause of death for incarcerated PSMDs. Within incarcerated settings, access to healthcare records, medication compliance, risk assessment and monitoring, and safe housing of at‐risk prisoners may be potential areas to explore with regard to prevention. Similarly, PSMD DAPCs were more likely to be experiencing mood or psychosis disorders than other forms of mental disorder, and suicide and police shootings were the most common causes of death. In PSMD DAPC, inadequate mental health access, treatment noncompliance and comorbid substance use were included as potential areas that could direct research efforts toward prevention. [ABSTRACT FROM AUTHOR]

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Iain G McKinnon,1,2 Stuart DM Thomas,3–5 Heather L Noga,6 Jane Senior7 1Institute of Health and Society, Newcastle University, Academic Psychiatry, Campus for Ageing and Vitality, 2Northumberland Tyne and Wear NHS Foundation Trust, Newcastle upon Tyne, UK; 3School of Global, Urban and Social Studies, RMIT University, Melbourne, VIC, 4Legal Intersections Research Centre, University of Wollongong, Wollongong, NSW, 5Southern Clinical School, Monash University, Clayton, VIC, Australia; 6School of Criminology, Simon Fraser University, Burnaby, BC, Canada; 7Offender Health Research Network, University of Manchester, Manchester, UK Abstract: This paper is a scoping review of the available evidence regarding health care issues in police custody. It describes the types and prevalence of health disorders encountered in custody and provides an overview of current practice and recent innovations in police custody health care. In contrast to the health of prisoners, the health of police custody detainees has, until recently, received little academic or clinical attention. Studies on health care in police custody identified for this review are limited to a few geographical jurisdictions, including the UK, continental Europe, North America, and Australia. There are significant health concerns among police detainees including acute injury, chronic physical health problems, mental and cognitive disorders, and the risks associated with drug and alcohol intoxication or withdrawal. There is some evidence that deaths in police custody have reduced where attention has been paid to the latter issue. Police personnel continue to experience difficulties identifying detainees with health issues relevant to their safe detention, but research shows that the use of evidence-based screening tools improves detection of such morbidities. Innovations in police custody health care mainly relate to detainees with mental disorders, including improved identification of illness, timely access to mental health services, the protection of the rights of mentally disordered detainees, and the diversion of mentally disordered persons from the criminal justice system into appropriate health and social care interventions. There is a lack of rigorous research relating to interventions for physical health problems, protecting those at risk of substance withdrawal, and detainees with preexisting or peri-arrest injures. Research to improve the health of police custody detainees requires greater priority, focusing on case identification and service redesign to address high levels of morbidity and to facilitate health promotion and prevention activities. Keywords: police, vulnerable detainees, criminal justice system, deaths in custody, mentally disordered offenders, police health care innovations

In September 2018, the bodies of two Aboriginal boys were pulled from the Swan River in Perth, Australia. Trisjack Simpson, 17, and Chris Drage, 16, had run to the river as police pursued them on foot. They had been seen jumping fences. Their story is emblematic of how youth and crime are constructed in relation to each other; in particular, how certain young bodies come to be known as criminal - or, as more criminal than others. In this 'Contemporary Comment', the story of the boys provides a focus for critically interrogating the ways we conceive juvenile crime in Australia. It argues that mainstream discourses of young people and crime are often based on, and further entrench, a colonial ideology; and that radical reform of practices is both possible and needed. [ABSTRACT FROM AUTHOR]

Introduction: There are more than 10 million people imprisoned worldwide. These individuals experience a higher burden of communicable and noncommunicable disease, mental health and substance misuse problems than the general population and often come from marginalized and underserved groups in the community. Prisons offer an important opportunity for tackling health problems in a way that can deliver benefits to the individual and to the community. This paper focuses specifically on emerging health issues for prisons across the world. Sources of data: This paper uses sources of international data from published systematic reviews and research studies, the Ministry of Justice for England and Wales, the Prisons and Probations Ombudsmen Review and other United Kingdom government briefing papers. Areas of agreement: Deaths in custody are a key concern for the justice system as well as the health system. Areas of controversy: Suicide is the leading cause of mortality in prisons worldwide but non-communicable diseases, such as cardiovascular disease, are increasing in importance in high-income countries and are now the leading cause of mortality in prisons in England and Wales. Growing points: The prison population is ageing in most high-income countries. Older people in prison typically have multiple and complex medical and social care needs including reduced mobility and personal care needs as well as poor health. Areas timely for developing research: Further research is needed to understand the complex relationship between sentencing patterns, the ageing prison population and deaths in custody; to model its impact on prisons and healthcare provision in the future and to determine effective and costeffective models of care. Research into the health of prisoners is important in improving the health of prisoners but there is considerable variation in quantity and quality between countries. Recent innovations seek to address this disparity and facilitate the sharing of good practice. [ABSTRACT FROM AUTHOR]

In this article I explore one core feature of contemporary campaigns for justice for Ireland's Magdalen women concerning their deaths and disappearances, which continue to be denied by a State that has only recently started to acknowledge civilian deaths in other contexts such as armed conflict. I examine the treatment of the disappeared and deceased Magdalen women in the economic and political context of the Irish use of religious institutions and consider the significance of this regime for women's citizenship in the postcolonial nation-building processes of the twentieth century. I aim to illustrate the connections between gender, violence and citizenship that are implicated in outcomes for justice for Magdalen survivors and victims, as well as conceptions of Irish women's citizenship in general. In this discussion I consider the Magdalen campaigns for justice as significant for the individual women and families involved, as well as the entire nation's conception of self as represented in history. [ABSTRACT FROM AUTHOR]

THIS edition of Pacific Journalism Review began with a theme around ‘Endangered Journalists’. However, by the time it was into full editorial production it was clear that this was also about the global silence and injustice imposed on West Papua and the ‘endangered’ indigenous people in this mountainous land on the cusp of Asia and the Pacific. While the edition layout was being prepared, remarkable events were happening in West Papua and elsewhere in Indonesia this year around the historically significant anniversary date of 1 May 2016 – fifty-three years after a United Nations Temporary Executive Authority (UNTEA) handed power over the former Dutch colony in West New Guinea to Jakarta with a mandate to rule until such time as the Papuan people decided on their future in a free vote.

Critical reflexivity is a relatively recent strand in journalism studies. It has its advocates, but there are few models. This article offers one possible model, of one moment of practice: an interview with the mother-in-law of an Australian Indigenous woman who died an avoidable death in prison. The critically reflexive approach taken in this research accommodates the individual, social, objective and subjective elements in a practice, and uses the tools provided by Pierre Bourdieu’s theory of practice and Donald Schön’s work on reflective practice and the reflective practitioner. Together, these approaches provide different but complementary conceptual, ana­lytical, practice-based and narrative tools for making journalism practice, and journalists in the practice, an object of study. Critical reflexivity, by adding an inside perspective, is a valid method by which to add to the range of journalism studies that examine journalism from the outside. Such research allows for an inter-weaving of context, self, relationships, others, theory, history, facts, values and experiences, expanding and enriching our understanding of journalism practice and its place in society. Caption: Figure 1: 'The girl in Cell 4' article opening page of HQ, March/April 1997.

Competing Interests: Conflicts of interest The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper.

One of the most significant, independent, political films made in the UK was Injustice – about black deaths in custody from 1993–1999. Despite attempts by the police to suppress the film and refusal by television to show it, it was eventually screened in hundreds of community venues, cinemas and won many awards at film festivals. Ultimately it was viewed by the Attorney General, who then called for a review of decision-making over prosecutions. A founder of Migrant Media, the radical documentary group which made the film, discusses how the group formed, its vision of filmmaking, its struggles with officialdom, and how it helped form community resistance models including the United Families and Friends Campaign on deaths in custody. This article is based on an interview for the book Dying for Justice (IRR, 2015) which carried an abridged version. It provides a unique insider perspective on the role of contemporary, radical, community-embedded filmmaking.1 [ABSTRACT FROM PUBLISHER]

The Australian Institute of Criminology ('AIC') is the Australian Government's designated monitoring body responsible for reporting on deaths in custody in Australia under the National Deaths in Custody Program ('NDICP'). Although the Border Crossing Observatory1 has recorded the deaths of 77 persons in Australian immigration custody since 2000, these deaths are not included in NDICP annual reporting. In Australia, official deaths in custody monitoring and reporting have only accounted for those people who have died while in the custodial settings of prison, juvenile detention, and police custody (Lyneham, Joudo-Larson and Beacroft 2010). Official monitoring and reporting of deaths in custody in Australia does not consider, account for or report on deaths that occur in Australian onshore and offshore immigration detention centres, or deaths that occur while authorities attempt to take a suspected unlawful non-citizen into immigration custody, either in the process of offshore interdiction or on the mainland. We argue that deaths within these immigration custodial settings should be included under existing arrangements for monitoring and reporting in the interests of accountability and equity under the Australian border control regime. [ABSTRACT FROM AUTHOR]