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Author: Adrian Hoel Publisher: ISBN: 9781921185816 Category : Compensation for judicial error Languages : en Pages : 6
Book Description
This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.
Author: Adrian Hoel Publisher: ISBN: 9781921185816 Category : Compensation for judicial error Languages : en Pages : 6
Book Description
This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.
Author: Stephen Cordner Publisher: ISBN: 9781923068131 Category : Languages : en Pages : 0
Book Description
'Imprisoning an innocent person may well be the worst thing that the state can do to one of its citizens.' Australians generally trust their criminal justice system, but most are unaware that wrongful convictions are common, are not systematically recorded and are very difficult to correct. This book seeks to document the incidence of wrongful convictions and explain the factors that contribute to them. These include the fallibility of much forensic science evidence, the difficulties for courts in understanding complex scientific evidence, and the contribution made to wrongful convictions by 'tunnel vision' on the part of those investigating and prosecuting crimes. The authors argue for two sets of reforms. First, forensic science must be placed on the firmest scientific basis possible and be independent of the police. Second, the ultimate petition to the Governor for mercy, which is a political process, must be replaced by an independent expert review agency in the form of a Criminal Cases Review Commission. Such Commissions already function as respected components of the criminal justice system in other common law countries.
Author: Bibi Sangha Publisher: ISBN: 9780409340723 Category : Criminal investigation Languages : en Pages :
Book Description
This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005
Author: Xanthé Mallett Publisher: ISBN: 9780369348883 Category : Crime Languages : en Pages : 338
Book Description
We all put our faith in the criminal justice system. We trust the professionals: the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail? Henry Keogh spent almost twenty years locked away for a murder that never even happened. Khalid Baker was imprisoned for the death of a man his best friend has openly admitted to causing. And the exposure of 'Lawyer X' Nicola Gobbo's double-dealing could lead to some of Australia's most notorious convictions being overturned. Forensic scientist Xanthe Mallett is used to dealing with the darker side of humanity. Now she's turning her skills and insight to miscarriages of justice and cases of Australians who have been wrongfully convicted. Exposing false confessions, polices biases, misplaced evidence and dodgy science, Reasonable Doubt is an expert's account of the murky underbelly of our justice system - and the way it affects us all.
Author: C. Ronald Huff Publisher: Routledge ISBN: 0415539935 Category : Law Languages : en Pages : 434
Book Description
This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.
Author: Xanthé Mallett Publisher: Macmillan Publishers Aus. ISBN: 1760982539 Category : True Crime Languages : en Pages : 226
Book Description
'The good, bad and downright rotten parts of Australia's criminal justice system are put on trial by Dr Xanthé Mallett. With her clear-eyed logic and objectivity, this compelling book identifies reasonable doubts which must keep prosecutors and defence lawyers awake at night.' Hedley Thomas, host of the Teacher's Pet podcast We all put our faith in the criminal justice system. We trust the professionals: the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail? Henry Keogh spent almost twenty years locked away for a murder that never even happened. Khalid Baker was imprisoned for the death of a man his best friend has openly admitted to causing. And the exposure of 'Lawyer X' Nicola Gobbo's double-dealing could lead to some of Australia's most notorious convictions being overturned. Forensic scientist Xanthé Mallett is used to dealing with the darker side of humanity. Now she's turning her skills and insight to miscarriages of justice and cases of Australians who have been wrongfully convicted. Exposing false confessions, polices biases, misplaced evidence and dodgy science, Reasonable Doubt is an expert's account of the murky underbelly of our justice system - and the way it affects us all.
Author: Chris Brook Publisher: Clear Decks Media ISBN: 0648941701 Category : True Crime Languages : en Pages : 194
Book Description
On Father’s Day of 2005, Robert Farquharson was driving his three sons Jai, Tyler and Bailey aged 10, 7 and 2 years old, to their mothers house. His car ran off the road and into a dam. Whilst Farquharson escaped, the three boys went down with the car and drowned. Murder!, they said. How could anyone be that evil?, they asked. Farquharson was tried and convicted of murdering his three sons, but won his appeal. He was again tried and again convicted. He has spent the last ten years in protective custody of maximum security prison, unsuitable for mixing with the unforgiving general prison population. The case is ingrained in the Australian psyche and Farquharson is placed along side the worst of the worst of Australian criminals. Road to Damnation takes a fresh look at the largely circumstantial evidence used to convict Farquharson. Through the eyes of a scientist, flaws are systematically uncovered, not only flaws in the case against Farquharson, but in the criminal justice system that convicted him. Could Farquharson actually be innocent? After all that has been said about him? All that has been done to him? Is Robert Farquharson the embodiment of evil? Or the victim of one of Australia’s worst miscarriages of justice? “Reveals a shattering injustice through sober, scientifically rigorous and unassailable analysis of all the evidence." Andrew L. Urban, author Murder by the Prosecution “your book is compelling” Alex Lavelle, theage “I’ve been completely enthralled by it” Ian Walker, ABC
Author: Andrew L. Urban Publisher: ISBN: 9781925642537 Category : Criminal justice, Administration of Languages : en Pages : 352
Book Description
Exposing the grave mistakes in Australia's not-so-trustworthy criminal justice system, film critic turned activist journalist Andrew L. Urban recounts how his life is changed when he is drawn into the field of wrongful convictions after reviewing a documentary about the case of Hobart grandmother, Sue Neill-Fraser, convicted of murder -- without evidence. As he probes further, he comes across other cases and finds police investigations marred by tunnel vision; lawyers flouting the rule of law chasing convictions; courts admitting inadmissible (and false) forensic evidence; the Crown withholding exculpatory evidence; and worst of all, prosecutors making up murder scenarios. Driven by disturbing discoveries over five years of research and writing -- covering five extraordinary cases: Sue Neill-Fraser, Gordon Wood, Henry Keogh, David Szach, and Gary Nye -- Andrew interviews specialist legal academic Dr Bob Moles and others as he charts the damning list of errors. Bringing together his writings and interviews on the subject as well as his correspondence with legal academics and politicians, including Attorneys General, Andrew lists action points that if implemented would help reduce the incidence of wrongful convictions.
Author: Brandon L. Garrett Publisher: Harvard University Press ISBN: 0674060989 Category : Art Languages : en Pages : 376
Book Description
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Author: Adrian Hoel
Author: Adrian Hoel
Author: Stephen Cordner
Author: Bibi Sangha
Author: Xanthé Mallett
Author: C. Ronald Huff
Author: Xanthé Mallett
Author: Chris Brook
Author: Andrew L. Urban
Author: Brandon L. Garrett
Author: