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Keywords: Criminal Responsibility

  • AUSTRALIA

    Operation Fortitude aftershocks

    • Andrew Hamilton
    • 07 September 2015
    9 Comments

    Actions taken in the Immigration Detention Centre after the 28 August aborted Border Force operation involved the use of force and intimidation on people who are being detained. Not for their misdeeds or any threat they pose, but for the convenience of the Department. And they disclose what happens when ABF officers are permitted to to use any force they think necessary without proper accountability.

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  • The politics of popular evil and untrendy truth

    • Frank Brennan
    • 01 September 2015
    1 Comment

    If you want to form government in Australia and if you want to lead the Australian people to be more generous, making more places available for refugees to resettle permanently in Australia, you first have to stop the boats. If you want to restore some equity to the means of choosing only some tens of thousands of refugees per annum for permanent residence in Australia from the tens of millions of people displaced in the world, you need to secure the borders. The untrendy truth is that not all asylum seekers have the right to enter Australia but that those who are in direct flight from persecution whether that be in Sri Lanka or Indonesia do, and that it is possible fairly readily (and even on the high seas) to draw a distinction between those in direct flight and those engaged in secondary movement understandably dissatisfied with the level of protection and the transparency of processing in transit countries such as Malaysia and Indonesia. The popular evil is that political

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  • AUSTRALIA

    Maintaining the rage beyond the golden rhythm of youth

    • Ellena Savage
    • 14 August 2015
    7 Comments

    A friend recently died at 25. She was heavily involved in our political and literary communities, and I saw in her the very best of rage and rawness in politics. But I also saw how possessing such a sense of obligation to raw, honest, and emotionally-engaged political exploration, is exhausting. Of course it is. Popular wisdom has it that as you age, you get more 'realistic' about political matters. But that's not it.

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  • AUSTRALIA

    Addiction is about social exclusion not moral failing

    • Paul Jensen
    • 21 July 2015
    11 Comments

    Greens leader Richard di Natale is currently visiting Portugal for a first hand look at how they have successfully bypassed the criminal justice system in treating drug addiction. There’s increasing acceptance of the view that addiction is caused by a lack of social connection and bonding. For Portugal, the most crucial step was to provide addicts with secure housing and subsidised jobs so they had a purpose in life and a sense of responsibility.

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  • AUSTRALIA

    Cold War blinkers threaten MH17 truth

    • Tony Kevin
    • 20 July 2015
    9 Comments

    A Russian investigative committee continues to claim that MH17 was most likely to have been downed by an air-to-air missile that was not Russian-made. For their part, Western commentators became increasingly impatient and scornful of Russian ‘conspiracy theories’ on who downed MH17. Whether the identity of who actually shot down MH17 becomes known in the fullness of time could depend upon the extent to which our political leaders can resist using MH17 to prosecute their Cold War enmities.

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  • INTERNATIONAL

    Allow Andrew Chan and Myuran Sukumuran to flourish

    • Andrew Hamilton
    • 23 February 2015
    21 Comments

    While people are alive there is the possibility, admittedly sometimes remote, that they will respond by reflecting on their lives, becoming deeper and more generous as human beings, making connections with others and contributing even in small ways to the happiness of others and to society. Capital punishment brutally excludes possibility and leaves all of us the smaller for it.

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  • RELIGION

    Pope warns punishment is not a way to peace

    • Andrew Hamilton
    • 27 October 2014
    6 Comments

    Pope Francis warns perceptively that the urge to create peace by punishment leads to the search for more targets. The best way to peace and security is not to wage war on people but to be curious about them – what leads them to criminal acts, and how we can intervene to help them make good connections with society.

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  • AUSTRALIA

    Church legally liable for pre-1996 child sexual abuse

    • Frank Brennan
    • 22 October 2014
    47 Comments

    Reviewing Cardinal Pell's evidence to the Royal Commission in August, I have concluded that Catholics need to accept moral responsibility and legal liability for all child sexual abuse committed by clergy prior to 1996, regardless of what might be the moral or legal position after 1996 when improved measures for supervision and dismissal of errant clergy were put in place. 

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  • AUSTRALIA

    The challenge of a five-year Royal Commission

    • Frank Brennan
    • 09 September 2014
    17 Comments

    All church members, and not just the victims who continue to suffer, need light, transparency and accountability if the opaque injustices of the past are to be rectified. Justice Peter McClellan and his fellow commissioners have to do more to bring the states and territories to the table and to get real buy-in by all governments. 

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  • RELIGION

    An adequate response to child sexual abuse

    • Andrew Hamilton
    • 31 July 2014
    14 Comments

    We might expect that research into the causes and history of sexual abuse will continue and increase. As part of its owning of the crimes that have flourished within it, the challenge for the Church is to take such research seriously, particularly when it touches on the part played by such aspects of Catholic life, culture and governance as clerical celibacy, attitudes to women and sexual morality, and clericalism.

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  • AUSTRALIA

    Too much order with too little law 30 years on

    • Frank Brennan
    • 23 July 2014
    1 Comment

    'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.

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  • AUSTRALIA

    In defence of judges

    • John Ellison Davies
    • 16 July 2014
    18 Comments

    Judge Garry Neilson is in a spot of bother after comparing incest and paedophilia to homosexuality. He is not the first judge to find himself in this situation and he will not be the last. Judges enjoy a life of privilege and status. In their own courtroom they are feudal masters. But when one of them makes a mistake, the media jumps all over them. Politicians rant. The controversy is always out of proportion to the alleged error. 

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