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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AUD$ 123.00
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ISBN/ISSN: 9780409340723

Product 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

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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