Download or read book Criminal Trial Delays in Australia written by Jason Payne and published by . This book was released on 2007-01-01 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Download or read book Criminal Trial Delays in Australia written by and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Delay in the Administration of Criminal Justice written by Judith A. Osborne and published by . This book was released on 1980 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Court Delays in New South Wales written by Rachel Callinan and published by . This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Australian Courts written by Marg Camilleri and published by Springer Nature. This book was released on 2023-01-10 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.
Download or read book Victim survivor focused Justice Responses and Reforms to Criminal Court Practice written by Nicole Bluett-Boyd and published by . This book was released on 2014 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.
Download or read book Plea Negotiations written by Asher Flynn and published by Springer. This book was released on 2018-07-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Download or read book Theories and Simulations of Complex Social Systems written by Vahid Dabbaghian and published by Springer Science & Business Media. This book was released on 2013-10-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research into social systems is challenging due to their complex nature. Traditional methods of analysis are often difficult to apply effectively as theories evolve over time. This can be due to a lack of appropriate data, or too much uncertainty. It can also be the result of problems which are not yet understood well enough in the general sense so that they can be classified, and an appropriate solution quickly identified. Simulation is one tool that deals well with these challenges, fits in well with the deductive process, and is useful for testing theory. This field is still relatively new, and much of the work is necessarily innovative, although it builds upon a rich and varied foundation. There are a number of existing modelling paradigms being applied to complex social systems research. Additionally, new methods and measures are being devised through the process of conducting research. We expect that readers will enjoy the collection of high quality research works from new and accomplished researchers.
Download or read book A History of Crime in Australia written by Nancy Cushing and published by Taylor & Francis. This book was released on 2022-12-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a lively and accessible account of Australia’s most prominent crimes and criminals of the nineteenth and twentieth century and offers an informative background for those seeking to understand crimes committed today. A History of Crime in Australia examines the imposition of English law on this ancient continent, and how its operation affected both transported offenders from Great Britain and Ireland, and the Aboriginal and Torres Strait Islander peoples whose own systems of Law were overlaid. Drawing upon cutting-edge research in the field, original work by the author, and essays from leading crime history researchers, it addresses the question of whether there was an Australian underworld. In doing so, it provides background for well known offenders including bushranger Ned Kelly and the razor gangs of the 1920s and for sensational crimes like the Mount Rennie Outrage, the Pyjama Girl Mystery and the Shark Arm Murder and the miscarriage of justice following the disappearance of Azaria Chamberlain at Uluru in 1980. Through these case studies, the book draws out points of tension and cohesion within Australian society, exposing the enduring anxiety around those who were considered to be outsiders, and how the criminal justice system was used to manage these concerns. This book includes a guide to conducting research in the field of Australian crime history and sources for further study. Designed as an introductory text for students, this book will be of interest to those studying criminology and crime history, and anyone who would like to deepen their understanding of crime’s place in Australia’s social and cultural history.
Download or read book Crime Justice and Human Rights written by Leanne Weber and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.
Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Download or read book Prosecutorial Decisions in Adult Sexual Assault Cases written by Denise Lievore and published by . This book was released on 2005 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in adult sexual assault cases, based on a survey of 141 Director of Public Prosecutions case files in five Australian jurisdictions. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships.
Download or read book Rape Trials in England and Wales written by Olivia Smith and published by Springer. This book was released on 2018-03-26 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.
Download or read book Majority Verdicts written by New South Wales. Law Reform Commission and published by . This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Download or read book Australian Feminist Judgments written by Heather Douglas and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.
