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Full-Text Articles in Law

Fitness For Trial Among Juvenile Offenders In Queensland, Jodie O'Leary, Suzie O'Toole, Bruce Watt, Kathleen Reynolds, Rachael Hinton Apr 2014

Fitness For Trial Among Juvenile Offenders In Queensland, Jodie O'Leary, Suzie O'Toole, Bruce Watt, Kathleen Reynolds, Rachael Hinton

Jodie O'Leary

This project focuses on current law and practice in Queensland to examine whether enough is being done to ensure that juveniles who may lack fitness are identified, assessed and diverted (where appropriate) from the criminal justice system.


Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary Nov 2012

Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary

Jodie O'Leary

No abstract provided.


Editorial: Spring 2010, Jodie O'Leary, Tina Hunter Sep 2011

Editorial: Spring 2010, Jodie O'Leary, Tina Hunter

Jodie O'Leary

No abstract provided.


Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary Sep 2011

Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary

Jodie O'Leary

Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused’s right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury …


Editorial: Autumn 2010, Tina Hunter, Jodie O'Leary Sep 2011

Editorial: Autumn 2010, Tina Hunter, Jodie O'Leary

Jodie O'Leary

No abstract provided.


Understanding The Dennis Ferguson Debate: Part 1, Jodie O'Leary Sep 2008

Understanding The Dennis Ferguson Debate: Part 1, Jodie O'Leary

Jodie O'Leary

Extract:

The words 'Dob in this monster' appeared in large print on the front page of the Gold Coast Bulletin on 2 July 2008 following the release of Dennis Ferguson the previous day.¹ Many would say that these headlines and the sentiments expressed within such articles are representative of the community's outrage towards the legal inadequacies in Queensland of dealing with sex offenders. At the risk of offending the 'community' and being unpopular for advocating an alternative viewpoint, it appears that education about the law in this area is sorely needed. The purpose of this article is not to defend …