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Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy
Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy
Terry Goldsworthy
In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:
1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime
2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals
3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation
4. How …
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Rebecca Sharpless
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
Brendan M. Conner
Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Brendan M. Conner
Starr, Singleton, And The Prosecutor's Role, David Sklansky
Starr, Singleton, And The Prosecutor's Role, David Sklansky
David A Sklansky
This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Barry A Krisberg
No abstract provided.
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky
David A Sklansky
No abstract provided.
The Criminal Law And The Luck Of The Draw, Sanford Kadish
The Criminal Law And The Luck Of The Draw, Sanford Kadish
Sanford Kadish
No abstract provided.
How The Justice System Fails Us After Police Shootings, Caren Morrison
How The Justice System Fails Us After Police Shootings, Caren Morrison
Caren Myers Morrison
No abstract provided.
Out Of The Shadows: The Rise Of Domestic Violence In Australia, Terry Goldsworthy, Matthew Raj
Out Of The Shadows: The Rise Of Domestic Violence In Australia, Terry Goldsworthy, Matthew Raj
Matthew Raj
Once a hidden crime, domestic violence has in recent years emerged as a mainstream criminal justice issue in Australia. Cases such as Queensland man Gerard Baden-Clay’s murder of his wife Allison and the death of Luke Batty in Victoria at the hands of his father have attracted unprecedented media attention and put the spectre of domestic violence firmly back in the spotlight. But how prevalent is domestic violence and what is the cost to Australian society?
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
François Tanguay-Renaud
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …
Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos
Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos
Benjamin L Berger
After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration. Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter's influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice in …
Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos
Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos
Benjamin L Berger
Building on Martin Friedland's acclaimed and innovative course materials, this new edition of Criminal Law and Procedure provides a valuable teaching tool for introductory courses on criminal law and criminal justice. Students are provided with an overview of the entire criminal process, from police investigation to sentencing.
Shredded Fish Redux, Robert Sanger
Shredded Fish Redux, Robert Sanger
Robert M. Sanger
The Yates case, in which certiorari had been granted to the United States Court of Appeals for the Eleventh Circuit had been discussed in a previous column of Criminal Justice. The article was entitled “Shredded Fish” because the sea captain in Yates was prosecuted under the document shredding provisions of the Sarbanes-Oxley Act of 2002 for destroying fish. That case has now been decided by the United States Supreme Court in Yates v. United States, on February 25, 2015. The case involves the rule of lenity as well as a discussion of overcriminalization.
Promoting Diversity In The Criminal Justice System, R. Michael Cassidy
Promoting Diversity In The Criminal Justice System, R. Michael Cassidy
R. Michael Cassidy
Science Is Not Waiting For The Courts, Robert Sanger
Science Is Not Waiting For The Courts, Robert Sanger
Robert M. Sanger
The Forensic Science Community and the federal government are moving far beyond the courts in an effort to improve the quality of scientific evidence and expert testimony in the courts. Major events in forensics have caused a top to bottom reconsideration of what should count as expert testimony. Last month, the National Institute of Standards and Technology (NIST) and the federal Department of Justice (DOJ) convened the first set of meetings of the Organization of Scientific Area Committees (OSAC). This is a forward-looking approach to forensic science.
The first OSAC meetings were held on February 16 and 17, 2015, at …
Blind Justice, Andrea Lyon
Confronting Cops In Immigration Court, Mary Holper
Confronting Cops In Immigration Court, Mary Holper
Mary Holper
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott Howe
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott Howe
Scott W. Howe
In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.
I …
Deselecting Biased Juries, Scott W. Howe
Deselecting Biased Juries, Scott W. Howe
Scott W. Howe
Critics of peremptory-challenge systems commonly contend that they inevitably inflict “inequality harm” on many excused persons and should be abolished. Ironically, the Supreme Court fueled this argument with its decision in Batson v. Kentucky by raising and endorsing the inequality claim sua sponte and then purporting to solve it with an approach that preserved peremptories. This Article shows, however, that the central problem is something other than inequality harm to excused persons. The central problem is the harm to disadvantaged litigants when their opponents use peremptories to secure a one-sided jury. This problem can arise often—whenever a venire is slanted …
On The Very Idea Of Transitional Justice, Jens Ohlin
On The Very Idea Of Transitional Justice, Jens Ohlin
Jens David Ohlin
The phrase "transitional justice" has had an amazingly successful career at an early age. Popularized as an academic concept in the early 1990s in the aftermath of apartheid's collapse in South Africa, the phrase quickly gained traction in a variety of global contexts, including Rwanda, Yugoslavia, Cambodia, and Sierra Leone. A sizeable literature has been generated around it, so much so that one might even call it a sub-discipline with inter-disciplinary qualities. Nonetheless, the concept remains an enigma. It defines the contours of an entire field of intellectual inquiry, yet at the same time it hides more than it illuminates. …
Crime Labs And Prison Guards: A Comment On Melendez-Diaz And Its Potential Impact On Capital Sentencing Proceedings, John Blume, Emily Paavola
Crime Labs And Prison Guards: A Comment On Melendez-Diaz And Its Potential Impact On Capital Sentencing Proceedings, John Blume, Emily Paavola
John H. Blume
The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right "to be confronted with the witnesses against him." Four years ago, in Crawford v. Washington, the United States Supreme Court held that this right bars the admission of testimonial hearsay statements against criminal defendants, regardless of whether or not the statements fall within an evidentiary hearsay exception. It was a decision that other courts later described as a "bombshell," a "renaissance," and "a newly shaped lens" through which to view the Confrontation Clause. The case generated an extensive amount of discussion among legal commentators. Since its …
Juvenile Offenders: Life Without Parole (Lwop), Term Of Years And A Reasonable Opportunity For Release, Robert Sanger
Juvenile Offenders: Life Without Parole (Lwop), Term Of Years And A Reasonable Opportunity For Release, Robert Sanger
Robert M. Sanger
A juvenile offender (a person who committed an offense before the age of 18 years) can be tried as an adult and will be subject to adult punishments, with some restrictions. Juveniles cannot be executed and they cannot be mandatorily confined to life imprisonment without the possibility of parole. Justice Kagen of the United States Supreme Court stated for a majority of the Court in Miller v. Alabama, that a mandatory life sentence for a juvenile violates the 8th and 14th Amendments to the United States Constitution. In other words, life without hope should be unconstitutional for juveniles.
Prosecutors have …
Attitude Structures Of Different Ethnic And Age Groups Concerning Police, Peggy Sullivan, Roger Dunham, Geoffrey Alpert
Attitude Structures Of Different Ethnic And Age Groups Concerning Police, Peggy Sullivan, Roger Dunham, Geoffrey Alpert
Roger G. Dunham Dr.
No abstract provided.
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark
Leigh S. Goodmark
No abstract provided.
A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark
A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark
Leigh S. Goodmark
The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for …
International White Collar Crime And Deferred Prosecution Agreements, Lucian Dervan
International White Collar Crime And Deferred Prosecution Agreements, Lucian Dervan
Lucian E Dervan
In October 2013, the American Bar Association Criminal Justice Section (“ABA CJS”) convened its 2nd annual International White Collar Crime conference in London, United Kingdom. In an auditorium filled almost to capacity, audience members representing practitioners, corporations, enforcement agencies, and academia listened intently to discussions regarding a myriad of topics, including enforcement trends, international internal investigation strategies, and global whistleblower incentives. The large audience and strong interest in the subject of the conference reiterated the growing importance of matters related to international white collar crime in an ever-increasingly globalized business environment.
One of the topics that drew much discussion in …
Rate Of False Conviction Of Criminal Defendants Who Are Sentenced To Death, Samuel Gross, Barbara O'Brien, Chen Hu, Edward Kennedy
Rate Of False Conviction Of Criminal Defendants Who Are Sentenced To Death, Samuel Gross, Barbara O'Brien, Chen Hu, Edward Kennedy
Edward H. Kennedy
The rate of erroneous conviction of innocent criminal defendants is often described as not merely unknown but unknowable. There is no systematic method to determine the accuracy of a criminal conviction; if there were, these errors would not occur in the first place. As a result, very few false convictions are ever discovered, and those that are discovered are not representative of the group as a whole. In the United States, however, a high proportion of false convictions that do come to light and produce exonerations are concentrated among the tiny minority of cases in which defendants are sentenced to …
The Dilemmas Of Excessive Sentencing: Death May Be Different But How Different?, Michael Meltsner
The Dilemmas Of Excessive Sentencing: Death May Be Different But How Different?, Michael Meltsner
Michael Meltsner
No abstract provided.
The Federal Death Penalty And The Constitutionality Of Capital Punishment, Scott W. Howe
The Federal Death Penalty And The Constitutionality Of Capital Punishment, Scott W. Howe
Scott W. Howe
The federal death penalty results in few executions but is central to the larger story of capital punishment in the United States. The explanation for its importance lies with its role in resolving the permissible uses of the death penalty under the Eighth Amendment. In the last decade, federal statutes governing the federal death penalty seem to have exerted outsize influence with the Court in its development of “proportionality” doctrine, the rules by which the Justices confine the use of capital punishment under the Constitution. In rejecting capital punishment for retarded offenders, juvenile offenders and child rapists, the Court in …