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Keywords: Criminal Law

  • AUSTRALIA

    When law making bastardises the Law

    • Andrew Hamilton
    • 30 November 2023
    8 Comments

    Any legislation hastily designed to negate the effect of the High Court decisions will be vulnerable again to be struck down on judicial appeal. That haste suggests an initial disregard for human rights and the rule of law by Governments and an ingrained resistance to any limitation of its power. Vindictive laws come at a heavy cost to the integrity and reputation of the lawmakers. 

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  • AUSTRALIA

    The plight of the Australian whistleblower

    • Binoy Kampmark
    • 09 November 2023
    1 Comment

    Next week, former army lawyer David McBride will face trial, accused of leaking classified defence information. Meanwhile, the prospect of meaningful whistleblower reforms that would shield Australian public servants who contemplate exposing wrongdoing through the media seems remote.

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  • AUSTRALIA

    Three steps back and one step forward: Three decades of asylum seekers in Australia

    • Kerry Murphy
    • 28 July 2023

    How has Australia's asylum seeker policy changed over the past thirty years? The approach of every government has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge. 

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  • AUSTRALIA

    Myths peddling the cycles of cruelty to children

    • Andrew Hamilton
    • 27 July 2023
    6 Comments

    In a society quick to categorize children as either good or bad, reform efforts seem caught in a cyclical battle. Children often fall victim to these broad definitions, especially those from disadvantaged groups. What factors cause these cycles of progress and relapse, and how can lasting reform be achieved? 

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  • AUSTRALIA

    Robodebt: Anatomy of a scandal

    • James Massola
    • 14 July 2023
    5 Comments

    Catherine Holmes' Royal Commission report exposes the staggering mismanagement and human cost of Australia's Robodebt scandal. The scheme burdened over 500,000 Australians with non-existent debts and is linked to at least three suicides. This report unravels the culture behind the disaster and the potential repercussions ahead.

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  • AUSTRALIA

    Judgment and the burden of ignorance

    • Andrew Hamilton
    • 15 June 2023
    2 Comments

    Kathleen Folbigg's release, prompted by the discovery of a genetic mutation that created reasonable doubt in her conviction, marks a significant intersection of science and law. However, the case highlights the need to critically assess the weight and limitations of scientific authority in our justice system, acknowledging the inherent uncertainty embedded within human affairs.

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  • AUSTRALIA

    Kathleen Folbigg, monster mythology and science

    • Binoy Kampmark
    • 14 June 2023
    3 Comments

    At the intersection of myth, science, and law is the contentious case of Kathleen Folbigg, accused of being a modern-day Medea. Convicted of killing her children and later exonerated, Folbigg’s story serves as a cautionary tale about the complexities of science in legal judgments and societal myths of motherhood cloud our interpretation of facts.

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  • INTERNATIONAL

    Kissinger's unaccountable realism

    • Binoy Kampmark
    • 06 June 2023
    8 Comments

    Former US Secretary of State Henry Kissinger continues to be a subject of fascination and controversy, with his role in statecraft garnering praise and criticism. Amidst the accolades and accusations, questions of justice and accountability remain as Kissinger reaches his centenary.

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  • AUSTRALIA

    Recognition of Aboriginal rights: A contemporary Australian perspective

    • Frank Brennan
    • 05 June 2023
    19 Comments

    The wording of the proposed change to the Australian Constitution to enshrine a First Nations Voice might not be perfect. But whatever the imperfections and the risk of future complications, it is high time that Australia’s First Peoples were recognised in the Constitution in a manner sought and approved by a broad cross-section of Indigenous leaders.

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  • AUSTRALIA

    Chasing shadows: Unmasking human trafficking in Australia

    • David Halliday
    • 19 May 2023

    In a conversation with Eureka Street, investigative journalist Nick McKenzie explores the drivers of human trafficking and sex slavery, examining the intertwined roles of law enforcement, the sex industry, and the migration sector in one of the most pressing social justice issues of our time.

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  • AUSTRALIA

    Spare the child

    • Andrew Hamilton
    • 04 May 2023
    1 Comment

    When is a child fully responsible for their actions? The State Attorneys General have met to seek agreement on raising the age of criminal responsibility to 12, provoking questions around whether children can be held fully accountable for their actions at such a young age, and whether the criminal justice system needs to focus on rehabilitation over punishment.

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  • INTERNATIONAL

    Scapegoats of war

    • Binoy Kampmark
    • 27 April 2023

    With the prosecution of low-level soldiers like SAS trooper Oliver Schulz for war crimes in Afghanistan, we should consider: what is the scope of accountability for war crimes under international and Australian law, and how does it apply to commanders who should have known about the crimes?

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