Keywords: Mandatory Sentencing
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AUSTRALIA
- 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
- 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
- Kerry Murphy
- 08 December 2023
4 Comments
On 8 November, the High Court ordered a stateless Rohingya refugee known only as NZYQ to be released from detention. He could not be granted a visa because he was found gulity of sexually assaulting a minor, and he could not be sent anywhere because he is stateless. Until 8 November, he was stuck in indefinite mandatory detention.
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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
- Andrew Hamilton
- 29 September 2022
8 Comments
Recently many people have expressed disquiet about the trend to authoritarian rule throughout the world. They have good reason for doing so. In the world we are entering, the freedom of citizens in the State depends on the will of Governments that will have no enforceable obstacle to withdrawing such freedoms on suspicion of future misconduct and not just for punishment of past, proven misconduct.
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AUSTRALIA
- Julie Edwards
- 18 January 2022
2 Comments
The images are simultaneously striking and terrifying. A raging grassfire that is shooting flames into the sky and destroying nature around it and lapping perilously close to the fences around Central NSW’s Lithgow Correctional Centre. As local residents were evacuated and highways were closed to protect public safety when the fire raged out of control just before Christmas in 2019, 400 prisoners remained detained.
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AUSTRALIA
- Andrew Hamilton
- 22 November 2018
5 Comments
Debate about the independence and the dignity of the law has always been present. Nevertheless most societies take pains to reinforce trust in those who administer justice. Some elements in our culture, however, put that trust at risk. They deserve reflection.
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AUSTRALIA
- 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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INTERNATIONAL
- 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
- Frank Brennan
- 15 April 2016
21 Comments
The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.
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AUSTRALIA
- Frank Brennan
- 10 December 2015
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
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AUSTRALIA
- Mathew Drogemuller
- 31 March 2015
6 Comments
The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.
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