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.
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.
Articles | Crime | Expert Evidence | Kathleen Folbigg | Law | Smothering | Trials
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.
Beyond Reasonable Doubt Meaning
The criminal justice system cannot function to allow fair trials unless those deciding whether an offence has been committed understand that they need to apply the highest standard of proof when considering the evidence presented to them.
This article explores issues beyond reasonable doubt to provide insight for those in the legal profession and members of the public.
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.
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?
WWI, WWII and the Origin of Internal Security Agencies
Internal security has been a focus of governance for as long as civilisation has focused on maintaining power. WWI and WWII brought an explosion of interest in internal security agencies, and along with it, rising costs and reduced legal rights.
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 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.
Dead or Alive
In colonial times the emphasis was on controlling convicts, eliminating bushrangers, and expropriating Aboriginal land by force frequently involving murder. These activities paid little, if any, attention to due legal processes or fundamental legal rights.