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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.
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.
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.
Criminal Cases Review Commission
In response to instances of miscarriages of justice and a need for better post-conviction review mechanisms, the United Kingdom (in 1997),[i] Scotland (in 1999),[ii] Norway (in 2004)[iii] and New Zealand (in 2020)[iv] have established a Criminal Cases Review Commission. On…
Kathleen Folbigg’s legal team request an inquest.
Kathleen Folbigg’s legal team has launched a request for a coronial inquest into the deaths of her children.
An inquest should identify the medical evidence that supports the contention that the children died of natural causes.
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?