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Articles 1 - 21 of 21
Full-Text Articles in Law
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 …
Public Perceptions Of The Perth Drug Court As A Mechanism For Dealing With Drug Related Crime, Dominic Jordan
Public Perceptions Of The Perth Drug Court As A Mechanism For Dealing With Drug Related Crime, Dominic Jordan
Theses : Honours
In the last two decades, drug courts have been introduced throughout Australia, to address the issue of drug related crime. Drug courts aim to reduce criminal recidivism by placing drug dependent offenders into intensive supervision and treatment programs. Research has revealed that drug courts, including the Perth Drug Court, can reduce criminal recidivism in offenders for whom drug use is a dynamic risk factor for their criminal behaviour. Currently however, little is known about the public’s knowledge and perceptions of drug courts. The aim of the current study was to determine the perceptions of a sample of the Western Australian …
In The Name Of National Interest? Assessing The Shift Of Australian Foreign Policy Regarding West Papua During 2006, Jaymin Beck
In The Name Of National Interest? Assessing The Shift Of Australian Foreign Policy Regarding West Papua During 2006, Jaymin Beck
Theses : Honours
The Australian government currently maintains a strong position against an independent West Papua. Despite claims of human rights abuses by the Indonesian Government in West Papua and the huge number of West Papuan refugees fleeing to Australian shores, the Australian Government continues to tighten foreign policy and migration laws to make it increasingly difficult for West Papuans to seek asylum in Australia and hope for an independent West Papua. When Australia’s humanitarian intervention in the Timor-Leste fight for independence in 1999 is considered, reasons why the Australian government maintains an anti-separatist position towards West Papua are unclear. Australia took a …
Identification Requirements And Policy In Alternative Remittance : A Measure Of Legislative Adherence, Timothy J. Smith
Identification Requirements And Policy In Alternative Remittance : A Measure Of Legislative Adherence, Timothy J. Smith
Theses : Honours
Money laundering is a persistent threat to the economic viability of every nation. However the intent behind this behaviour does not always converge with the criminality of the act. A study of 395 international university students in Australia demonstrated a prominent cultural and regional norm in South Asia to use untraceable ‘informal’ remittance systems. Under Australian legislation, the use of a non-compliant alternative or informal value transfer system (IVTS) is an act that predicates the laundering of money regardless of intent. Yet in line with a clear cultural proclivity and trust in money transfer businesses, it is evident that many …
Copyright, Creative Commons And Artistic Integrity, Yagan M. Kiely
Copyright, Creative Commons And Artistic Integrity, Yagan M. Kiely
Theses : Honours
Copyright offers tight control over intellectual property while Creative Commons deliberately relaxes this control; this relaxed control provides an artist with an alternative marketing strategy as well as a secure electronic distribution method. Copyright has been a useful tool for controlling intellectual property since its inception in 1710, but new developments in distribution of copyrighted materials has provided new challenges for copyright law. Creative Commons offers an alternative approach to copyright that embraces, rather than confronts these challenges. Creative Commons is an alternative to copyright that is capable of representing all forms of art; sculpture, painting, literature, music printing and …
A Literature Review And Analysis Of Prison Offences And Punishments In England And Wales In 2007 By Gender, Catharine Phillips
A Literature Review And Analysis Of Prison Offences And Punishments In England And Wales In 2007 By Gender, Catharine Phillips
Theses : Honours
It is commonly agreed by scholars, members of the criminal justice system and the general public that court imposed sentences at times differ depending on the gender of the offender. However, there has been little empirical research conducted in regards to gender differences related to offending and discipline within prisons. The few published studies have reported contradictory results. Prison discipline is an essential part of upholding the good order and security of prisons along with maintaining the safety of prison staff, visitors, prisoners and the general public. The proposed research will identify any discrepancies between the punishments handed to male …
Online Defamation: A Case Study In Competing Rights, Julie Dare
Online Defamation: A Case Study In Competing Rights, Julie Dare
Theses : Honours
As a consequence of the dominant role the United States has played in its development, the Internet has become synonymous with a liberal interpretation of freedom of expression, heavily imbued with First Amendment free speech principles. This has resulted in an environment that supports an adversarial, aggressive style of interaction; an environment which has become a "defamation prone zone" (Edwards, 1997). However, resolving online defamation disputes is problematic, particularly in cross-jurisdictional cases involving defendants based in the United States. Incongruities in the balance of free speech and reputation between the United States and most other countries, as expressed through defamation …
Can Anybody Own The Internet? : Microsoft, Open-Source And The Debate About Intellectual Property, Greg Stratton
Can Anybody Own The Internet? : Microsoft, Open-Source And The Debate About Intellectual Property, Greg Stratton
Theses : Honours
The Internet has become one of the most important mediums of communication and information in modem society. For many, the rapid adoption of these technologies into mainstream society has been combined with a reliance on commercial software, most notably the Microsoft Corporation's Windows operating system. Question arise out of the commercial dominance in a realm that until recently was characterised by the collective sharing of information and ideas. Although there is a lack of established sociological literature in this field, established literature on ownership, global capital, political economy and social exclusion have been identified and drawn upon to fill this …
Child Custody Disputes: Bridging The Gap Between Psychologists And Family Court, Kate Pratsides
Child Custody Disputes: Bridging The Gap Between Psychologists And Family Court, Kate Pratsides
Theses : Honours
The number of divorce cases that come before judges and registrars within the Family Court system is steadily increasing, and so is the use of psychologists as expert witnesses. However, little is known about what the judges and registrars think of the psychologist's use of psychometric test results when writing their forensic report, this study attempts to answer that. This thesis is presented in two sections. The first is a literature review of guidelines that are available to psychologists when writing a forensic report. These guidelines include (1) broad guidelines provided by professional associations, such as the American Psychological Association; …
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 …
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 …
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 …
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.