Injustice & Miscarriage

Articles, interviews & more

Here you will find a growing range of articles and interviews to read, watch and listen to.  The content will explore a wide range of interests relating to injustice and the miscarriage of justice.

If there are articles you would like to see, please let us know and if you have something you believe would be intersting and relevant, we would be pleased to be able to include providing it meets our criteria for inclusion.

Open Cases

Kathleen Folbigg and the Prerogative of Mercy

Table of Contents Pardon and Parole Powers and Procedures in New South Wales This short paper has been prepared because some parliamentarians in New South Wales have indicated they do not understand the law as it relates to the exercise of the prerogative of mercy. Prerogative of Mercy Meaning One

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Articles

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.

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Articles

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.

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Articles

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.

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Articles

Expert Evidence Part 1: A Short History of Expert Evidence

Expert evidence plays a key role in the decisions of courts every day across the world. In some cases, experts provide knowledge and information integral to the outcome of the judicial decision. However, experts have not always played a role in legal decision making, and this article traces the history of expert evidence, the problems and solutions developed over the last few hundred years.

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Open Cases

Profiteering From Offshore Detention

Offshore detention has been a policy of the Australian government since the Howard years. Mark Basa is currently held on Christmas Island – but how much does offshore detention cost and who profits from it. The Guardian recently published an article about the company that manages the detention centre on Nauru.

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Articles

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.

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