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Getting justice wrong
Justice may be nothing more than people getting what they deserve - but who is to decide that? And how? Tabloid journalists hunting a shock story? Talkback hosts feeding the anxieties and prejudices of the ill-informed? Politicians on the election trail chasing an easy vote? All have a vested interest in crime. All help generate public discussion and concern about the latest 'crime wave', 'war on drugs', 'soft judges', 'zero tolerance'. Discussion full of headline fodder, sound bites and dodgy figures. Discussion that gets justice wrong, produces failing policies and allocates taxpayers' dollars ineffectively. Getting Justice Wrong is not another government report or political polemic. It simply presents some facts about how criminal justice happens and why it happens that way. It provides information, usually at variance with the conventional 'wisdom' peddled by opinion manipulators. It offers food for thought, at a time when the next election 'law and order auction' is not far off.
Frank and Fearless
"When I walked through the office door each day, I knew that almost every decision I made would make someone unhappy..." In Frank and Fearless Nicholas Cowdery QC takes us behind the scenes of the toughest cases that defined his 16 years as the Director of Public Prosecutions for New South Wales. The headline-grabbing criminal trials of Gordon Wood, Keli Lane, and Christopher Gilham (tried for the 1992 murder of his brother and parents) are examined with forensic precision, along with the DPP's contentious decisions not to prosecute artist Bill Henson and members of The Chaser. During his tenure, Cowdery was also well-known for his support for realistic drug and death with dignity laws, and for the need to decriminalise abortion. Frank and Fearless is a gripping and forthright account of the most difficult decisions Nicholas Cowdery had to make during his time as a gatekeeper of the criminal justice system.
Human Rights Manual for Prosecutors
"This Manual is a practical aid. The principles to be applied by prosecutors in their daily work are to be found in international instruments, regional instruments and commentaries as enacted in domestic law. The Manual introduces practitioners to issues and principles of universal and regional application - practitioners in individual jurisdictions may then marry the applicable principles to provisions of the domestic laws of their own jurisdictions and thus obtain a complete code of conduct for any part of the world and for any official procedure. The Manual includes comments that may assist in that process by putting the quoted texts in a practical context."
Inside Lawyers' Ethics
Inside Lawyers' Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. This new edition is fully updated, with a new chapter on confidentiality and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers' Ethics promotes self-awareness and offers a positive and enriching approach to problem solving, rather than one based on the 'don't get caught' principle. It is essential reading for students of law and newly qualified legal practitioners.
Our Corrupt Legal System
Looks at the adversary system used in Britain and its former colonies, including Australia, the US, Canada, India, Ireland, New Zealand, and South Africa. Details the origins and methods of the more widespread investigative (inquisitorial) system used in other countries including Japan and South Korea. Author is Walkley Award winner.
The Cartel
This critique of the Australian legal system argues that the present system often obstructs justice, that common law does not seek the truth and that trials are not designed to achieve a just outcome . Discusses topics such as the jury system, civil litigation, the right of silence, the adversary system and the doctrine of precedent. Includes references and an index. The author is a journalist with 'The Australian'. He was five times winner of the Walkley Award for National Journalism and author of 'Can of Worms' 'Amazing Scenes' and 'Trial by Voodoo'.
Prosecuting Crime in the Public Interest
This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.
Counter-Terrorism and Beyond
This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on th...
Cyber Criminals on Trial
As computer-related crime becomes more important globally, both scholarly and journalistic accounts tend to focus on the ways in which the crime has been committed and how it could have been prevented. Very little has been written about what follows: the capture, possible extradition, prosecution, sentencing and incarceration of the cyber criminal. Originally published in 2004, this book provides an international study of the manner in which cyber criminals are dealt with by the judicial process. It is a sequel to the groundbreaking Electronic Theft: Unlawful Acquisition in Cyberspace by Grabosky, Smith and Dempsey (Cambridge University Press, 2001). Some of the most prominent cases from around the world are presented in an attempt to discern trends in the handling of cases, and common factors and problems that emerge during the processes of prosecution, trial and sentencing.
Catalyst
In a world of big government and big business, individuals can still make a difference - especially when their fight sparks the media's interest and the survival instincts of politicians. In this compelling book, eleven stories from across Australia show how one person can be a catalyst for change. A Victorian mother overturns a law preventing h...
