
Similar Posts

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.

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…

Expert Evidence Part 2: Legislation and Case Law
Expert evidence is crucial to the outcome in many legal cases before the courts. The law surround the use of experts has been developing for more than 200 years. This article looks at the current law in Australia involving the use of expert opinion evidence.

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.

Growth of Restrictions on Fundamental Legal Rights since 2001
September 11 heralded many changes across the world. In Australia, one of those changes was a move toward greater restrictions on fundamental legal rights. This article explores some of those changes.

The Mad, the Bad and The Sad: They All Deserve Some Compassion
Prisoners are often categorised as either mad, bad or sad. What does this mean really and should compassionate treatment be available to all prisoners?