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

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

Sangha, B; Moles, R N, 2015

Available Formats

Format ISBN Price
Book 9780409340723 $123.00
eBook 9780409340730 $123.00

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

 

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Format: Paperback

Description

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

 

Related Titles

D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005

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 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 Reponses to Miscarriages of Justice

   Chapter 11.     Post-appeal and Post-exoneration Issues
   Chapter 12.     Systemic Responses to Miscarriages of Justice

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