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Articles 31 - 47 of 47
Full-Text Articles in Law
Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli
Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli
Theses: Doctorates and Masters
Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, …
An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately
An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately
Theses : Honours
The increase of divorce in Australia is creating a social phenomenon for family researchers. Many families resolve disputes regarding children in the Family Courts, however due to the protracted litigation process many partners will have repartnered. Little is understood about how bureaucratic systems impact upon the experience of stepparents. These decisions might very well impact on the stepparents own new lifestyle and relationship, placing an additional burden on themselves and the stepfamily. The purpose of this review is to explore the literature pertaining to the issues surrounding repartnering and the Family Court process in order to illustrate how this invisibility …
The Alternative Vote : In Theory And Practice, Vanessa Beckingham
The Alternative Vote : In Theory And Practice, Vanessa Beckingham
Theses : Honours
The idea of choosing political representatives through elections has its origins in ancient times. More recently, democratic values have been united with the concept of elected representative government. This then places a great deal of importance on the system used to elect these representatives, since this system must satisfy an impressive range of democratic values, as well as being effective and simple enough for the voter to understand. The electoral system chosen will reflect those values and outcomes which those who introduce the system wish to bring about. Sometimes this may be proportional representation, which means seats allocated in direct …
Attributions Of Responsibility For Accidents Involving Personal Injury: Application Of Hart's (1968) 'Senses Of Responsibility' Model, Henry F. Kwiatowski
Attributions Of Responsibility For Accidents Involving Personal Injury: Application Of Hart's (1968) 'Senses Of Responsibility' Model, Henry F. Kwiatowski
Theses : Honours
The aim of this study was to use Hart's (1968) 'Senses of Responsibility' model as a theoretical framework to examine the effects of three non dispositional characteristics of an accident involving personal injury. An experimental approach based on a 2 Agent type (corporation v individual) x 2 Outcome severity (mild, severe) x 2 Victim type (primary, secondary) between subjects factorial design was adopted. The study interviewed 160 participants randomly selected at five public recreational centres. 'Three 2 x 2 x 2 ANOVA's, were conducted on the three attribution ratings to determine the influence of the three independent variables. The study …
Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt
Good Life In The Balance: A Cross-National Study Of Dutch And Australian Disability Perspectives On Euthanasia And Physician-Assisted Suicide, Erik A. Leipoldt
Theses: Doctorates and Masters
This is a cross-national qualitative study with the purpose of obtaining perspectives held by people with quadriplegia and leading figures in disability movements in the Netherlands and Australia on the issues of euthanasia and physician-assisted suicide (EPAS). A disability voice is not prominent in public debate on EPAS in Australia or the Netherlands, even though people with disabilities are often thought to be vulnerable in relation to EPAS policies. Disability perspectives are potentially valuable in illuminating issues in relation to euthanasia and physician-assisted suicide, because issues of dependence, independence, and individual autonomy play important roles in relation to both EPAS …
Women's Experiences Of The Workers' Compensation System In Queensland, Australia, Jo Calvey
Women's Experiences Of The Workers' Compensation System In Queensland, Australia, Jo Calvey
Theses: Doctorates and Masters
This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why …
Procedural Justice In Civil Court Mediation : A Critical Review Of The Literature, & Procedural Justice In Civil Court Mediation : Exploring The Instrumental And Non-Instrumental Processes, Jill A. Howieson
Theses : Honours
This article provides a comprehensive review of research on the issue of procedural justice in dispute resolution procedures, with a particular focus on mediation. The review traces the history of the literature from the early control models of Thibaut and Walker ( 1975), through to the modem relational model postulated by Lind and Tyler (1992-1998). It discusses the major theoretical models of procedural justice in terms of their implications for legal dispute resolution and focuses on mediation procedures used by the civil courts. The models provide a theoretical base for identifying which psychological processes, namely non-instrumental, instrumental or relational, operate …
Community Attitudes And The Role Of The Victim Offender Relationship In Child Sexual Abuse Cases, Kirstin Leigh Bouse
Community Attitudes And The Role Of The Victim Offender Relationship In Child Sexual Abuse Cases, Kirstin Leigh Bouse
Theses: Doctorates and Masters
Past research has illustrated that communily attitudes tend not to be reflected in crime legislation particularly when considering the victim-offender relationship and perceived seriousness of child sexual abuse. This study examined the effects of 4 different victimoffender relationships and the degree of trust within these relationships on perceptions of offence seriousness and emotional and physical harm, for the offence of indecently dealing with a 14-year old girl. One hundred and sixty community members used a 7- point scale to rate the degree of trust within these relationships, the seriousness of the offence and the emotional and physical harm suffered by …
An Investigation Into The Australian Position On Software Copyright, Nicholas Pinakis
An Investigation Into The Australian Position On Software Copyright, Nicholas Pinakis
Theses : Honours
Copyright Is the primary means most software authors seek to protect their software. Software, that is work (the ordered expression of thought) put into some tangible form (such a being written down, stored in a computer, programs, data and distributed files) is a truly international product. Where does this copyright protection come from? The current governing laws in Australia are the Australian Copyright Act of 1968 (Cwlth) and the Australian Copyright Amendments Act 1984 (Cwlth) which afford copyright protection to computer software. In copyright law, a number of words and terms have specialised meanings, which are different to their meanings …
A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry
A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry
Theses : Honours
When an offender receives a non-custodial sentence following remand custody then concerns must be raised that the pre-trial remand imprisonment was unnecessary and improper, with judicial, economic and humanitarian consequences that run counter to the philosophical and legislative expectations of a democratic justice system. This study analysed the use of remand custody orders over a six month charge period, by magistrates in Western Australia, to determine what proportion of offenders spent time in remand custody prior to receiving a noncustodial sentence. The results indicate that magistrates use the remand custody facility as a "short, sharp shock" to deter future offending, …
A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard
A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard
Theses : Honours
The General Assembly of the United Nations, by Resolution, requested the International Court of Justice to give its Advisory Opinion on the following legal question: Is the threat or use of nuclear weapons in any circumstance permitted under Intemational law? The question raises a number of legal, political and moral issues which go to the heart of the development of public international law, and of relations between States in the United Nations era. Central to all such issues is the tension, both legal and political, which exists between the five declared nuclear weapon States (the Permanent Members of the United …
The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan
The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan
Theses : Honours
The provision of expert testimony for the defence has been demonstrated to sensitise jurors to the variables that may reduce the reliability of an eyewitness identification (Cutler, Dexter, & Penrod, 1989). However, research examining the variables that reduce identification reliability has revealed conflicting findings (Yuille & Cutshall, 1986). Given this disparity in psychological opinion, a situation may arise where opposing expert testimony for the prosecution and the defence is delivered within the same criminal trial This thesis examined the effect of each form of expert testimony about eyewitness identification issues on the decision of the individual juror. The decision making …
Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland
Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland
Theses: Doctorates and Masters
This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …
An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson
An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson
Theses : Honours
The need to balance the needs and rights of all parties is a central consideration in legal procedure. This is no simple task, however, when the interests of the defendant are often in direct contrast to those of the witness. Much of the contention arises from the ambiguity associated with the nature of both victims' and defendants' rights and the lack of clear guidelines for the resolution of conflict where such competing interests are involved. Because Australia has no document precisely delineating the nature and content of individual rights, the result is a reliance on an ill-defined combination of common …
The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman
The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman
Theses : Honours
No abstract provided.
Implications Of Process Control And Decision Control In Victim Mediation And Restitution, F. L. Cefalo
Implications Of Process Control And Decision Control In Victim Mediation And Restitution, F. L. Cefalo
Theses : Honours
This study examines the perceptions of victims and non-victims towards legal procedures which provide a hypothetical victim of property crime varying opportunities to actively participate in the justice process. Some of the variations of victim participation in the procedures examined are comparable to opportunities for victim participation in the procedure victim offender mediation. Other variations represent court procedures In which participation in the justice process by victims of crime is not required. In an experimental scenario study, the first part of this study examines perceptions of fairness of different variations of victim participation in the justice process. The second part …
Towards A Theoretical Foundation For The Success Of International Sanctions, Ellie Cross
Towards A Theoretical Foundation For The Success Of International Sanctions, Ellie Cross
Theses : Honours
No abstract provided.