Logo
Signup for our newsletter
Email Address :
Click here to unsubscribe
My Cart
Your Shopping Cart is Empty
Miscarriages of Justice : Criminal Appeals and the Rule of Law in Australia
Click over image to enlarge

Miscarriages of Justice : Criminal Appeals and the Rule of Law in Australia

Price: $128.00
Order
Quantity:
| Add To Wish List
Overview
Published Sept 2015 (LexisNexis)
ISBN: 9780409340723. Soft Cover.
Description

Sangha, B; Moles, R N

A unique, scholarly examination of the ‘post-appeal’ review phase in Australian criminal law.

This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law.

The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or Australia’s international human rights obligations.

South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same. This represents the first substantive change to the criminal appeal rights in Australia in 100 years.

Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions.

 

Features

     •     Authoritative analysis 
     •     Examines leading Australian cases
     •     Unique text on a new and developing area of law

 

AUTHOR

Bibi Sangha is a Senior Lecturer in Law at Flinders University. Her primary research and publication interests are commercial law, contract and miscarriages of justice.

Robert Moles is the director and senior researcher at Networked Knowledge and formerly held several academic appointments, most recently at the University of Adelaide Law School. He has published extensively in the area of miscarriage of justice in criminal matters and the rule of law.

TABLE OF CONTENTS

Part One

     1.     Introduction and overview
     2.     Australian law on miscarriages of justice
     3.     The South Australian cases and the Legislative Review Committee
     4.     Problems about re-opening appeals, Australia and Britain
     5.     The petition procedure – Mercy or Right?
     6.     Re-considering the new statutory right of appeal in Australian criminal cases
     7.     Re-considering the statutory grounds of appeal in Australian criminal cases

Part Two

     8.     International human rights and the rule of law in Australia
     9.     Investigations and prosecutions
   10.     Forensic and expert issues
   11.     Legal error at trial and on appeal
   12.     The problem of compensation

Home    International    Site Map    About Us    Contact Us    How to Enable Cookies
 
  Website by Magicdust