Wrongful Convictions In Australia
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| Author | : Adrian Hoel |
| Publisher | : |
| Total Pages | : 6 |
| Release | : 2008 |
| Genre | : Compensation for judicial error |
| ISBN | : 9781921185816 |
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 | : Australian Scholarly Publishing |
| Total Pages | : 0 |
| Release | : 2023-10-12 |
| Genre | : Law |
| ISBN | : 9781923068261 |
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 | : |
| Total Pages | : |
| Release | : 2015-09-08 |
| Genre | : Criminal investigation |
| ISBN | : 9780409340723 |
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 | : |
| Total Pages | : 338 |
| Release | : 2020 |
| Genre | : Crime |
| ISBN | : 9780369348883 |
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 |
| Total Pages | : 434 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 0415539935 |
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 | : Chris Brook |
| Publisher | : Clear Decks Media |
| Total Pages | : 194 |
| Release | : 2020-10-01 |
| Genre | : True Crime |
| ISBN | : 0648941701 |
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 | : Xanthé Mallett |
| Publisher | : Macmillan Publishers Aus. |
| Total Pages | : 226 |
| Release | : 2020-07-28 |
| Genre | : True Crime |
| ISBN | : 1760982539 |
'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 | : Andrew L. Urban |
| Publisher | : |
| Total Pages | : 352 |
| Release | : 2018-07 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 9781925642537 |
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 | : C. Ronald Huff |
| Publisher | : SAGE Publications |
| Total Pages | : 205 |
| Release | : 1996-01-23 |
| Genre | : Social Science |
| ISBN | : 1452221170 |
Addressing the specific issues surrounding wrongful convictions and their implications for society, Convicted but Innocent includes: survey data concerning the possible magnitude of the problem and its causes; fascinating actual case samples; detailed analyses of the major factors associated with wrongful conviction; discussion of public policy implications; and recommendations for reducing the occurrence of such convictions. The authors maintain that while no system of justice can be perfect, a focus on preventable errors can substantially reduce the number of current conviction injustices.
| Author | : |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
