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Selected Works

2007

Criminal law

Articles 1 - 6 of 6

Full-Text Articles in Law

Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall Sep 2007

Submission: Draft Guidelines On The Infringement Notices And Forfeiture Of Infringing Copies And Devices Scheme, Copyright Amendment Regulations 2006, Kimberlee G. Weatherall

Kimberlee G Weatherall

Submission on the Draft Guidelines for the infringement Notices and Forfeiture of Infringing Copies and Devices Scheme produced by the Australian Attorney-General's Department. The submission deals with the scope of the scheme, the need for more case studies, issues of forfeiture, multiple offences, record-keeping, the appropriate individuals against whom notices should be issued, defences, factors relevant to the exercise of officers' discretion or the withdrawal of notices, and the standard of information provided to the public.

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Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan Aug 2007

Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan

Darius Whelan

This paper concentrates on fitness for trial in the District Court and deals with the topic under two main headings: firstly, how does the District Court determine fitness for trial and secondly, the consequences of a finding of unfitness for trial. Ireland's Criminal Law (Insanity) Act 2006 introduced significant reforms to this area of law, and the implications for the District Court are reviewed.

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Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim Dec 2006

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Janine Kim

The advent of new defensive claims, such as the battered woman's defense and the cultural defense, has led to debates that invoke a variety of important legal and political principles on both sides of the issues. But asking whether we ought to adopt new defenses in the criminal law raises a more fundamental question: why do we ever adopt defenses in the criminal law? Two simple reasons come to mind - (1) defenses may be necessary to our system of criminal law, or (2) defenses may be good for our system of criminal law. In this Article, I consider what …

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Innocent And Found Guilty: In An Imperfect Justice System, Responsiveness And Disclosure Can Help Prevent Wrongful Convictions, Leonard N. Sosnov Dec 2006

Innocent And Found Guilty: In An Imperfect Justice System, Responsiveness And Disclosure Can Help Prevent Wrongful Convictions, Leonard N. Sosnov

Leonard N Sosnov

No abstract provided.

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Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver Dec 2006

Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver

Wesley M Oliver

The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper …

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Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power Dec 2006

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

This article examines how the efforts to bring former Chilean dictator Augusto Pinochet Ugarte to justice have affected international criminal law. It argues that traditional international law seems largely irrelevant today because the paradigmatic crime of the Pinochet era was torture, which is now addressed primarily through the Torture Convention, and the most appropriate forum is the International Criminal Court (ICC) rather than national courts. The article emphasizes the need to use international tribunals such as the ICC to help protect international criminal prosecutions from the kind of political erosion that left a very mixed record concerning Augusto Pinochet.

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