Miscarriages of Justice : Criminal Appeals and the Rule of Law in Australia
A unique, scholarly examination of the ‘post-appeal’ review phase in Australian criminal law.
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing firstname.lastname@example.org; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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.
- Authoritative analysis
- Examines leading Australian cases
- Unique text on a new and developing area of law
D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005
Table of contents
Part I Introduction
Chapter 1. Introduction and overview
Chapter 2. Institution of Law, Rule of Law and Human Rights
Part II The Structure of Criminal Appeal Rights
Chapter 3. Reopening Criminal Appeals in Australia
Chapter 4. Post-appeal Petitions
Chapter 5. Grounds of Appeal in Australian Criminal Cases
Chapter 6. The Right to a Second or Subsequent Appeal
Chapter 7. Fraud in Criminal Proceedings
Part III Law and Case Studies
Chapter 8. Investigations and Prosecutions
Chapter 9. Expert Witnesses in Criminal Cases
Chapter 10. The South Australian Cases
Part IV Systemic Responses to Miscarriages of Justice
Chapter 11. Post-appeal and Post-exoneration Issues
Chapter 12. Systemic Responses to Miscarriages of Justice
Miscarriages of Justice : Criminal Appeals and the Rule of Law in Australia (eBook)Release Date: September 01, 2015AUD$ 142.07
Miscarriages of Justice : Criminal Appeals and the Rule of Law in AustraliaAUD$ 135.30
Criminal Law in Queensland and Western Australia: Cases & Commentary, 8th edition (eBook)Release Date: June 01, 2018AUD$ 174.91