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Australian Criminal Justice
Provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. Findlay, University of Sydney, Australia.
The Limits of Criminal Law
This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.
Blasphemy
What society considers blasphemy - a verbal assault against the sacred - is a litmus test of the standards it believes to be necessary to preserve unity, order, and morality. Society has always condemned as blasphemy what it regards as an abuse of liberty
Uniform Evidence Law
"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.
Racialised Gang Rape and the Reinforcement of Dominant Order
This path-breaking book provides a comparative analysis of public discourses in France and Australia on a series of highly mediatised racialised gang rapes that occurred during the early to mid-2000s. These rapes led to intense public debate in both countries regarding an apparent ‘gang rape phenomenon’ associated with young men of Muslim background. By comparing the responses to similar instances of sexual violence in two very different Western liberal democracies, this book explores the relationship between constructions of national, gender and ethnic identity in modern, developed nations of the West. The impact of immigration and cultural diversity on communities has become an issue o...
The Handbook of Comparative Criminal Law
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Consent and Sexual Offenses
In sexuellen Beziehungen macht die Einwilligung der Beteiligten den Unterschied zwischen Vergnügen und Verbrechen. Die Voraussetzungen rechtlich wirksamer Einwilligung sind jedoch schwer festzustellen, da sexuelle Beziehungen stark von ihrem persönlichen, sozialen und kulturellen Kontext geprägt sind. Dieser Band enthält Berichte und Essays von Expert:innen aus 11 Ländern sowie eine rechtsvergleichende Synopse zur Einwilligung in sexuelle Handlungen. Er bietet allen, die an grundsätzlichen Fragen und rechtspolitischen Entwicklungen des Sexualstrafrechts interessiert sind, zahlreiche aktuelle Informationen und neue Ideen. Elisa Hoven und Thomas Weigend beschäftigen sich seit langem intensiv mit Strafrechtspolitik und Rechtsvergleichung. Mit Beiträgen von Asst.-Prof. Dr. Baris Atladi; Dr. Gian Marco Caletti; Dr. Andrew Dyer, LL.B, LL.M; Prof. Aya Gruber, J.D.; Dr. Lyndon Harris, Barrister; Prof. Dr. Elisa Hoven; Prof. Dr. Wojciech Jasiński; Dr. Karolina Kremens; Prof. Dr. Kai Lindenberg; Dr. Sebastian Mayr; Dr. Hannah Quirk; Dr. Nora Scheidegger; Univ.-Prof. Dr. Kurt Schmoller; Dr. Linnea Wegerstad und Prof. Dr. Thomas Weigend.
How to Deal with the Deals?
Scientific Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: High Distinction, The University of Adelaide, language: English, abstract: Plea bargaining has been and still is an important issue in Australia and Europe. Interestingly, in Australia only a few articles focus on the phenomenon plea bargaining. This cannot properly address the importance of plea bargaining in the criminal procedure and the whole judicial administration system. In Germany plea bargaining is intensively discussed after the German Federal Constitutional Court and the German Supreme Court made first attempts to regulate and implement the phenomenon in the existing criminal procedure. This essay will discuss selected issues concerning plea bargaining in order to describe its nature in the criminal justice system. After presenting the preconditions for plea bargaining in Australia and Germany both systems are critically reviewed by focussing on particular issues being important from a comparative point of view.
Culpable Carelessness
A doctrinal and theoretical analysis of culpability for unjustified risk-taking in Anglo-American criminal law.
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'.
