Evidence Excluding Smothering
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Evidence Excluding Smothering

The most important requirement in all criminal trials is that the onus of establishing guilt is to the standard of beyond reasonable doubt. This standard of proof stays immovably with the prosecution throughout a trial. In Kathleen Folbigg’s case an essential element that needed to be proved beyond reasonable doubt was that she intended to kill or cause grievous bodily harm to her children.
The prosecution said that she smothered them, but failed to prove this was the case.

Coroners in Australia
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Coroners in Australia

Finding out why a person has died, described in modern times as finding the ‘manner and cause’ of death has been the role of a coroner at least since the thirteenth century.

Their role has changed in the last century, with a greater focus on the growing relevance of death prevention and coronial recommendations. Governments have found this role particularly uncomfortable because it can expose obvious failures and require reform of systems.

Legal Rights Designed to Protect Against Miscarriage of Justice and Limitations
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Legal Rights Designed to Protect Against Miscarriage of Justice and Limitations

The legal rights outlined are particularly important in providing safeguards against abuses by governments and their agents. The fundamental rights, developed over hundreds of years, have been adopted in international treaties. Some of the rights along with the reasons for their existence are detailed to provide an understanding of their importance and fragility.

Miscarriage of Justice Cases in Australia & the Corruption That Provides the Foundation
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Miscarriage of Justice Cases in Australia & the Corruption That Provides the Foundation

This article provides an historical review of injustice in the Australian legal system.
Turner contends that there was a complex relationship between the government, the judiciary and the police that involved ‘an unacknowledged agreement’ where ‘law enforcement is based on violence [that] almost necessarily involves malpractice’ and ‘[y]et none of this can be admitted by Government or Bench, because to do so would be to undermine an institution on which the power of judges and politicians depends’. In the end, corruption provides the foundation for injustice to occur.