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Author: Jason Payne Publisher: ISBN: 9781921185328 Category : Court congestion and delay Languages : en Pages : 81
Book Description
This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Author: Jason Payne Publisher: ISBN: 9781921185328 Category : Court congestion and delay Languages : en Pages : 81
Book Description
This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Author: Stephen Cordner Publisher: Australian Scholarly Publishing ISBN: 9781923068261 Category : Law Languages : en Pages : 0
Book Description
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: Mark Findlay Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 400
Book Description
This book is a concise yet comprehensive introduction to the Australian criminal justice process. The authors critically examine both procedural and substantive justice in the context of substantive laws, procedures and discretionary powers.
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: Marg Camilleri Publisher: Springer Nature ISBN: 3031190637 Category : Social Science Languages : en Pages : 412
Book Description
This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.
Author: Jason Payne
Author: Jason Payne
Author: 
Author: Rachel Callinan
Author: Judith A. Osborne
Author: Peter Sallmann
Author: Stephen Cordner
Author: Mark Findlay
Author: Shorter Trials Committee (Australia)
Author: Xanthé Mallett
Author: Marg Camilleri