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.
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.
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.
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.
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 31 March 2021, it was announced that two senior (former)