Download or read book Federal Legislation Annotations written by and published by . This book was released on 2005 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Discretionary Police Powers to Punish written by Clare Farmer and published by Springer. This book was released on 2018-03-09 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses an Australian case study to shine a much-needed spotlight on discretionary police powers to punish, and their implications for justice and human rights. It offers a revealing analysis of the problematic rationales that secured the legislative passage of banning notice provisions through the State Parliament of Victoria, Australia in 2007, which occurred amidst similar developments in other jurisdictions across the world: in the UK, New Labour’s “tough on crime” initiative in the 1990s, responses to the post 9/11 terror threat, and more recent lockout laws in Sydney, Australia. The Victorian case study offers a range of datasets including Hansard parliamentary debates, Victoria Police data, media coverage and interviews with magistrates. This material provides critical insights into the broader consequences of discretionary police powers, including their effect upon the separation of powers, individual rights, and the steady and largely unchecked proliferation of discretionary police powers across most Australian jurisdictions. On the tenth anniversary of these first Victorian on-the-spot banning powers, this Brief provides a sound basis for subsequent criminological explorations of the effectiveness of banning in tackling issues of disorder, deterrence and punishment, and of the broader challenge of balancing individual rights and community protection.

Download or read book Victorian Statutes Annotations written by Victoria and published by . This book was released on 2003 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

Download or read book The Constitution of Victoria written by Greg Taylor and published by Federation Press. This book was released on 2006 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.

Download or read book Indictable Offences in Victoria written by Ian R. Freckelton and published by . This book was released on 2010-01-01 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indictable Offences in Victoria 5th Edition, is an invaluable resource for legal practitioners and police, assisting those who have responsibility for charging defendants and for prosecuting and defending them in the Victoria's criminal justice system. The work comprehensively and clearly sets out all matters relevant to the prosecution of indictable offences in Victoria utilising a succinct alphabetical catalogue of all indictable offences. Expert commentary by eminent barrister and academic, Dr Ian Freckelton SC, is accompanied by the text of the relevant legislative provisions. The fifth edition is revised to incorporate new offences from the Crimes Act 1958. It also deals with offences under a range of other legislation including the Occupational Health and Safety Act 2004, the Infertility Treatment Act 1995, the Environmental Protection Act 1970 and the Marine Act 1988. References to textbooks, looseleaf services, articles and caselaw are all significantly updated to ensure Indictable Offences in Victoria continues to provide an excellent practical guide to criminal justice in Victoria, while ensuring the work is also accessible to students of law and legal studies. Indictable Offences in Victoria 5th Edition is an essential resource for anyone practicing, enforcing or studying criminal law in Victoria.

Download or read book Annotated High Court Rules written by Matthew Casey and published by . This book was released on 2018-07-09 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotated High Court Rules is designed to provide the busy practitioner with a single-volume guide to bringing a civil case in the High Court. It contains all the High Court Rules and associated commentary, taken from the authoritative online service Sim's Court Practice. The fourth edition of what was previously titled New Zealand Procedure Manual: High Court, includes the Rules requiring the headings of Court documents to include the name of the registry in te reo Maori, changes stemming from the entry into force of the Interest on Money Claims Act 2016, updated references regarding the change from the Judicature Act 1908 to the Senior Courts Act 2016 being, and updates on the Senior Courts (Access to Court Documents) Rules 2017 which amend the High Court Rules 2016.

Download or read book Forensic Psychiatry written by Tom Mason and published by Springer Science & Business Media. This book was released on 2007-11-05 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: An international panel of experts from diverse specialties examine the idea of "evil" in a medical context, specifically a mental health setting, to consider how the concept can be usefully interpreted, and to elucidate its relationship to forensic psychiatry. The authors challenge the belief that the concept of "evil" plays no role in "scientific" psychiatry and is not helpful to our understanding of aberrant human thinking and behavior. Among the viewpoints up for debate are a consideration of organizations as evil structures, the "medicalization" of evil, destruction as a constructive choice, violence as a secular evil, talking about evil when it is not supposed to exist, and the influence of evil on forensic clinical practice. Among the highlights are a psychological exploration of the notion of "evil" and a variety of interesting research methods used to explore the nature of "evil."

Download or read book Occupational Health and Safety Law in Victoria written by Breen Creighton and published by . This book was released on 2007 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this authoritative book has been comprehensively rewritten to take account of the recommendations of the Maxwell Review and of the Occupational Health and Safety Act 2004.The core legislative provisions, together with relevant court and tribunal decisions, codes of practice, and administrative practices, are analysed in detail. Relevant provisions are also located in their national and international contexts.There is also detailed consideration of the impact of Commonwealth workplace relations and OHS laws.This new edition will be essential reading for occupational health and safety professionals and legal practitioners, both in Victoria and elsewhere in Australia. It will also be of great interest to teachers and students in occupational health and safety, labour law and related law courses, human resource management, industrial relations, political science, public administration, business and economics.The text of the 2004 Act is reproduced in full, together with samples of relevant forms and notices.

Download or read book Homicide Law in Comparative Perspective written by Jeremy Horder and published by Bloomsbury Publishing. This book was released on 2007-12-10 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide. Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide. Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.

Download or read book Protecting Rights Without a Bill of Rights written by Jeffrey Goldsworthy and published by Routledge. This book was released on 2017-11-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.

Download or read book The Drug Effect written by Suzanne Fraser and published by Cambridge University Press. This book was released on 2011-09-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Drug Effect: Health, Crime and Society offers new perspectives on critical debates in the field of alcohol and other drug use. Drawing together work by respected scholars in Australia, the US, the UK and Canada, it explores social and cultural meanings of drug use and analyses law enforcement and public health frameworks and objectives related to drug policy and service provision. In doing so, it addresses key questions of drug use and addiction through interdisciplinary, predominantly sociological and criminological, perspectives, mapping and building on recent conceptual and empirical advances in the field. These include questions of materiality and agency, the social constitution of disease and neo-liberal subjectivity and responsibility. This book provides a fresh scholarly perspective on drug use and addiction by collecting top quality original work, written by a mix of international leaders in the field and emerging scholars working at the cutting edge of research.

Download or read book The Oxford Handbook of Crime and Public Policy written by Michael H. Tonry and published by Oxford University Press. This book was released on 2011 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a comprehensive examination of crimes as public policy subjects to provide an authoritative overview of current knowledge about the nature, scale, and effects of diverse forms of criminal behaviour and of efforts to prevent and control them.

Download or read book The Handbook of White Collar Crime written by Melissa L. Rorie and published by John Wiley & Sons. This book was released on 2019-11-12 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.

Download or read book Regulating Undercover Law Enforcement The Australian Experience written by Brendon Murphy and published by Springer Nature. This book was released on 2021-03-05 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side – a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

Download or read book Shooting to Kill written by Simon Bronitt and published by Bloomsbury Publishing. This book was released on 2012-11-05 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.

Download or read book Public Economics in the United States written by Steven Payson and published by Bloomsbury Publishing USA. This book was released on 2014-06-11 with total page 1007 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive explanation of the U.S. government's role in economics will be an eye-opener for anyone who wants to understand exactly what the government does—and doesn't do—in this most critical area. Most people, including many economists, are not aware of the great variety of crucial tasks and invaluable analyses undertaken by government economists. This three-volume set will fill that gap with an all-encompassing overview of the major economics-related work the government performs across all of its agencies and offices. With 45 chapters written by 61 leading experts, the work covers every major topic in government economics, including such diverse areas as monetary policy, defense spending, social assistance, international trade, antitrust, and environmental protection. In addition to entries by those who teach economics, the compendium also features candid observations from government insiders to help readers grasp how things really work. But readers will not only gain insight into specific fields and topics, they will also be able to better understand the big picture and how its pieces fit together. This unique and far-reaching set often challenges conventional wisdom even as it presents a novel synthesis of the government's research, analysis—and actions.