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Keywords: Criminal Justice

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  • AUSTRALIA

    Building constitutional bridges: In conversation with Frank Brennan

    • David Halliday
    • 28 June 2024
    13 Comments

    It's been eight months since the Voice referendum, and people are starting to grapple with what its defeat means for Australia. There are few voices in Australia as qualified to conduct a postmortem of the outcome of the Voice referendum campaign as Frank Brennan. We examine what lessons can be learned and crucually, whether there’s reason for hope for Indigenous constitutional recognition.

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  • AUSTRALIA

    The Sentencing of David McBride

    • Binoy Kampmark
    • 11 June 2024
    2 Comments

    Former Australian military lawyer David McBride was convicted for leaking documents to the ABC which exposed war crimes in Afghanistan. He is the sole individual to be convicted in exposing alleged atrocities in the Afghanistan campaign by Australian special forces. 

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  • INTERNATIONAL

    Trump, convicted

    • David Halliday
    • 11 June 2024
    4 Comments

    When Donald Trump was found guilty of 34 counts of falsifying business records, it represented a long-awaited triumph of the rule of law in the United States. But the verdict may not mean much in the long run, and has not affected Trump's popularity among voters. Watching Trump’s conviction from afar prompts us to consider how good we have it.

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  • AUSTRALIA

    Advocating against the wind

    • Andrew Hamilton
    • 08 May 2024
    3 Comments

    With the Queensland Government changing the Youth Justice Act, detention of children will no longer be seen as a last resort, causing widespread dismay among youth justice advocates. It invites reflection on what we should expect when we advocate for a cause, ranging from climate change to perceived injustice, and how we should evaluate our efforts.

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  • AUSTRALIA

    Spare the rod and respect the child

    • Andrew Hamilton
    • 28 March 2024
    2 Comments

    As a response to a wave of youth crime, some State Governments and Federal politicians have committed to policies that neglect the human reality of the young people concerned. This will likely have negative consequences both for those immediately affected and for society at large.

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  • AUSTRALIA

    Lessons from the referendum

    • Frank Brennan
    • 07 February 2024
    12 Comments

    The referendum result was a disaster for the country and a tragedy for First Australians and there has been little appetite for public discussion about lessons to be learnt from this abject failure. If we are to move forward, it’s time to begin the conversation about past mistakes.

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  • AUSTRALIA

    On putting things together

    • Andrew Hamilton
    • 31 January 2024
    4 Comments

    What links the debate about the conduct of the war between Israel and Hamas in Gaza, the detention of children in a crowded and under-resourced Cairns watch house, and British legislation to send asylum seekers to Rwanda?

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  • AUSTRALIA

    Best of 2023: How Australia's asylum seeker policy has evolved over thirty years

    • Kerry Murphy
    • 04 January 2024

    Throughout recent decades of Australian history, the stance every government has taken on asylum seekers 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

    The curious case of Benbrika and a near-cancelled citizenship

    • Kerry Murphy
    • 19 December 2023
    3 Comments

    Accusing someone of being ‘un-Australian’ is easily done, but what crimes or potential threats to the security and safety of Australians should trigger the practice of stripping someone of their citizenship?

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  • AUSTRALIA

    Absolute obedience: David McBride and the limits of duty

    • Binoy Kampmark
    • 30 November 2023
    3 Comments

    Charged with breaching national security for exposing alleged war crimes by Australian forces in Afghanistan, former Australian military lawyer David McBride's trial in Canberra rekindles a debate that tests the boundaries of military obedience and public interest. At the heart of this legal battle lies the question: when does the duty to expose wrongdoing outweigh the duty to follow orders?  

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  • 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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  • INTERNATIONAL

    The rise and fall of the Crypto King

    • Max Jeganathan
    • 21 November 2023
    1 Comment

    The spectacular rise and fall of Sam Bankman-Fried is a story that began with unfettered brilliance and financial wizardry, but quickly unraveled into an all-too familiar cautionary tale of swindlers, conmen, and morally vacuous ambition. 

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