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.
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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
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