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Full-Text Articles in Social and Behavioral Sciences
Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis
Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis
Theses : Honours
In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in …
The Requirement To Be Fit And Proper: What Does It Mean To Australian Psychologists?, Francesca A. Bell
The Requirement To Be Fit And Proper: What Does It Mean To Australian Psychologists?, Francesca A. Bell
Theses: Doctorates and Masters
The phrase fit and proper is used in the Health Practitioners Regulation National Law Act (Qld), 2009, which came into effect nationally in 2010 and governs psychologists. As with previous legislation that used the phrase, the legislator does not define fit and proper, leaving it up to each profession to determine its exact meaning and inform the courts accordingly. A review of the literature established that to date no Australian psychologist has attempted to define the construct. This means that Australian lawyers do not get any guidance from psychologists regarding how they should interpret the phrase fit and proper in …
Does Expert Evidence Pertaining To Battered Woman Syndrome Influence Juror Verdicts?, Clare E. Shannon
Does Expert Evidence Pertaining To Battered Woman Syndrome Influence Juror Verdicts?, Clare E. Shannon
Theses: Doctorates and Masters
This research investigated whether expert evidence pertaining to Battered Woman Syndrome (BWS) influences juror verdicts the legal requirements of self defence (imminence, proportionality and an attempt to retreat from the situation) are generally not met in cases where battered women kill their partner: The killings do not immediately follow the attack, the force used is not proportionate to the attack and there is often no previous attempt to retreat from the situation. BWS expert psychological evidence has been admitted by Australian Courts to provide jurors with an alternative perspective for determining whether a woman's actions were reasonable in the given …
Picking Up The Principles: An Applied Linguistic Analysis Of The Legal Problem Genre, Colin J. Beasley
Picking Up The Principles: An Applied Linguistic Analysis Of The Legal Problem Genre, Colin J. Beasley
Theses: Doctorates and Masters
Legal study requires not only the learning of new content, but also the learning of a new academic discourse with its own lexico-semantic, syntactic, and discoursal features. This thesis explores the answering of legal problem questions as an important and distinct new genre that undergraduates studying law units need to achieve competence in. In order to delineate the general features of this genre, systemic functional linguistic (SFL) analyses were performed on a series of texts (a tutorial question, an assignment question, and an examination question) written by lecturers in the introductory Commerce course Principles of Commercial Law as exemplars of …