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The Use of Fear to Achieve Compliance and the Acceptance of Injustice
We are physiologically ‘designed’ to feel and respond to fear. Almost universally, we use fear in our interactions with others. However, it is also a tool for politicians to ensure the population remains complaint and accepts injustice.
Criminal Case Review Commissions and Criminal Appeal Limitations
The way in which criminal cases involving potential injustice are dealt with in NSW is flawed and lead to serious problems – Kathleen Folbigg is an example of the systemic failure. An alternative approach is offered in this lecture.
Motion of Sue Higginson to NSW Parliament
On Wednesday, 31 June, Sue Higginson (Greens Party) made a motion in the Legislative Council of the NSW Parliament. The speech demonstrated the courage that our legislators require to do their job and seek genuine justice rather than hiding behind…
Legal Academics – Calling on the AG for Folbigg’s Immediate Release
Fourteen academics from law faculties in universities of NSW have co-signed a letter for the Attorney General, Mr Michael Daley, to immediately release Ms Folbigg from prison pending the further steps that will be taken for her complete exoneration. The…
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.
Political Prosecutions: Crimes Against Democracy
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.