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Articles 1 - 5 of 5
Full-Text Articles in Australian Studies
Juries Reborn, Mark Findlay
Juries Reborn, Mark Findlay
Research Collection Yong Pung How School Of Law
In most states and territories in Australia the impact of the jury on criminal justice is being systematically and radically eroded by the expansion of summary jurisdiction.
Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay
Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
As much as it might be said that a nation is judged by the way it treats its most disadvantaged citizens, the reality of criminal justice is dependent on its relations with the vulnerable. On any measure Australian criminal justice is indicted by the overrepresentation of Aboriginal people in its domain.
Prisons As Progressive Punishment? The State Of Corrective Services, Mark Findlay
Prisons As Progressive Punishment? The State Of Corrective Services, Mark Findlay
Research Collection Yong Pung How School Of Law
In the early days of his third term as Premier of New South Wales, Bob Carr challenged his government to move away from current law and order politics and to come up with a more progressive approach to punishment. Central to this would be a reconsideration of the place of the prison in criminal justice. Prisons, by their nature and the communities they house, suffer more acutely from the factors of social exclusion that characterise the underprivileged sectors of Australian society. Without the exacerbation of a custodial experience, these characteristics alone militate against the successful reintegration of prisoners back into …
International Rights And Australian Adaptations: Recent Developments In Criminal Investigation, Mark Findlay
International Rights And Australian Adaptations: Recent Developments In Criminal Investigation, Mark Findlay
Research Collection Yong Pung How School Of Law
To empower the "right to be presumed innocent until proven guilty according to law", Article 14 of the International Covenant on Civil and Political Rights identifies a range of "minimum guarantees" for suspects under investigation and for the accused at trial. Significant among these is that the suspect/accused is "not to be compelled to testify against himself or to confess guilt".
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.