Keywords: Criminal Justice

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  • RELIGION

    The Catholic wrap-up at the Royal Commission

    • Frank Brennan
    • 13 February 2017
    74 Comments

    Last Monday, the Royal Commission commenced its three-week forensic examination of the causes of child sexual abuse and cover up in the Catholic Church in Australia over the last 60 years. The statistics were horrifying. Every case represented a person who claims as a child to have been abused by a person of authority in a Catholic institution. Whichever way the statistics are interpreted in comparison with other institutions, they are appalling. We need to hold the victims clearly in focus.

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  • INTERNATIONAL

    Obama built the foundations for Trump's Muslim ban

    • Justin Glyn
    • 02 February 2017
    9 Comments

    The right wingers who support stripping people of their visas, and separating families in the process, have a point when they say that the US government is not beginning a new persecution, but merely continuing and deepening the persecutions of their predecessors. While previous administrations were more subtle in their actions than Trump's, it is undoubtedly true that the nationals now picked for sanction were those who were already targeted for visa penalties in the Obama years.

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  • AUSTRALIA

    Public health solutions to managing HIV

    • Kate Galloway
    • 29 November 2016
    2 Comments

    Earlier this year, a Queensland man was found not guilty of intentionally infecting his former girlfriend with HIV. The case was sent back to the District Court to determine a sentence for the lesser charge of grievous bodily harm. At the time of the decision, the not-guilty finding was both welcomed by advocates who see criminal prosecution as reflecting the stigma of the condition, and criticised by others who consider the criminal law an appropriate sanction for harm caused.

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  • INTERNATIONAL

    Progressives must stand firm in Trump's shadow

    • Fatima Measham
    • 10 November 2016
    19 Comments

    It didn't take long for me and other Filipino friends to be asked 'How do we Americans deal with this?' There is nothing soothing to say. Trump is not Duterte, of course, and there are differences in governance and law enforcement that (as yet) better protect Americans. But what I know is it is not the office that makes the person presidential. It is a waste of time to expect Trump to change. There will be no post-election unity, despite the conciliatory noises being made. And yet there is no choice but to endure.

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  • AUSTRALIA

    The criminal law 30 years on

    • Frank Brennan
    • 13 October 2016
    2 Comments

    With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

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  • ARTS AND CULTURE

    'Racist' Luke Cage's case for black justice

    • Tim Kroenert
    • 12 October 2016
    2 Comments

    Representation of minority identities in popular entertainment is key to amplifying and dignifying those identities and their stories. Conversely, the lack of representation is a form of silencing. It's why the charges of racism laid against the all-black Luke Cage is so laughable. 'I will never get tired of seeing a bullet-proof black man,' series creator Cheo Hodari Coker told the LA Times earlier this month, positing the character as a riposte to the phenomenon of police shootings of unarmed black men in the US.

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  • AUSTRALIA

    Inquiry into data use asks the wrong questions

    • Kate Galloway
    • 06 October 2016
    3 Comments

    The Productivity Commission was charged in March to inquire into 'data availability and use'. The inquiry holds important implications for Australians because our personal information is collected and stored by business and government in nearly all our daily interactions. The inquiry's terms of reference however make a number of assumptions, making it look very much as though it will find that the benefits of making data available outweigh the costs. And those costs are likely to be our privacy.

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  • AUSTRALIA

    Treaty holds the key to robust environmental law

    • Bronwyn Lay
    • 09 September 2016
    17 Comments

    When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.

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  • INTERNATIONAL

    A society that forgives wins

    • Andrew Hamilton
    • 25 August 2016
    11 Comments

    Almost all public conversation quickly turns to transgressors. Olympic competitors growled about proven and suspect drug users. Many wanted people found to have used drugs shamed and shunned. This insistence that transgressors should definitively lose their good name and the right to participate is not confined to sport. If inflexibility and exclusion become the rule in dealing with aberrant speech or behaviour we find unacceptable, they will impose heavy burdens on individuals and society.

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  • AUSTRALIA

    Girls are not to blame for their own exploitation

    • Madeleine Hamilton
    • 24 August 2016
    14 Comments

    The response from police and others in authority to recent cases involving the abuse or exploitation of adolescent female sexuality is depressingly reminiscent of attitudes held more than 50 years ago. While it was no defence to argue that the girl had consented, if it could be proven she had had consensual intercourse with other men previously, the offender could be acquitted. Consequently, in carnal knowledge trials, girls were frequently accused of having rich histories of sexual activity.

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  • RELIGION

    Story, event and person: Ignatius and Jesus

    • Frank Brennan
    • 01 August 2016

    Inspired by the person Ignatius, inspired by the person Jesus, we are motivated to make a difference; we are passionate to seek justice for all, especially the poor and the marginalised; we are convinced that we can find God in all things, even in the Don Dale Detention Centre; we know that all persons are called to a deep interior freedom, even those prison guards with hardened hearts; we are convinced that the law of the Lord teaches us right from wrong and that the ways of the Lord inspire us to do and proclaim what is right and to denounce what is wrong, especially when the wrong is done by the powerful upon the powerless.

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  • RELIGION

    Pell abuse saga reeks of incompetent policing

    • Frank Brennan
    • 29 July 2016
    81 Comments

    Wednesday night's ABC 7.30 program carried allegations against Cardinal George Pell which, if true, are devastating: life ruining for victims like Damian Dignan and Lyndon Monument; confronting for all citizens committed to the wellbeing of children; and earth shattering for Catholics who still have faith in their church. The report is also troubling for those of us concerned about due process and the rule of law - not as academic notions for lawyers but as the secure bulwarks of a society in which everyone's rights and interests are protected.

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