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Pages tagged "The Courts"


Royal Commission: abuse victims need to be helped, not just heard

by Michael Salter

There has been a great deal of focus on the role of a Royal Commission in delivering “justice” for victims of sexual abuse. Justice is a powerful, symbolic principle, and being listened to can be a moving and meaningful experience for survivors. My experience interviewing child abuse survivors suggests the opportunity to tell their story in a validating and comfortable environment can have a range of emotional benefits for them.

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Breivik court verdict: security lessons?

by Robert Lambert 

Now that the legal question of Anders Breivik’s sanity has been resolved it should be possible to focus more closely on his political motivation and the security lessons that arise from this case. This should help inform a debate about how best to tackle the growing problem of far right violence in Europe and the US

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Homicides, homosexual advances and male honour: will NSW act on provocation law?

by Thomas Crofts and  Stephen Tomsen

Murder is the most serious of all violent crimes, and needs a determined criminal justice response. If there are circumstances in which a killing might be seen as wholly or partly excusable, then this is of interest to all citizens – particularly if these circumstances weigh unevenly against a specific social group.

Provocation is a defence that signals reduced culpability for an intentional killing by replacing a murder conviction with one of manslaughter. Historically it differentiated killings worthy of the death penalty from less heinous killings committed “in the heat of passion” without premeditation.

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The Unrepentant And Unreformed Bankers

By Phil Angelides

Money laundering. Price fixing. Bid rigging. Securities fraud. Talking about the mob? No, unfortunately. Wall Street.

These days, the business sections of newspapers read like rap sheets. GE Capital, JPMorgan Chase, UBS, Wells Fargo and Bank of America [2] tied to a bid-rigging scheme to bilk cities and towns out of interest earnings. ING Direct , HSBC and Standard Chartered Bank  facing charges of money laundering. Barclays caught manipulating a key interest rate, costing savers and investors dearly, with a raft of other big banks also under investigation. Not to speak of the unprecedented wrongdoing that precipitated the financial crisis of 2008.

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The WikiLeaks War Logs Don't Show Rare War Crimes--They Show The (Legal) Reality of War

by Chase Madar
 
The real problem with the laws of war is not what they fail to restrain but what they authorize.

Anyone who would like to witness a vivid example of modern warfare that adheres to the laws of war -- that corpus of regulations developed painstakingly over centuries by jurists, humanitarians, and soldiers, a body of rules that is now an essential, institutionalized part of the U.S. armed forces and indeed all modern militaries -- should simply click here and watch the video.

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If Corporations Have Rights Like People, Shouldn't Animals?

by Sue Russell

In a nation where corporations are people and others want fetuses to be, a core of philosophers and attorneys are trying develop laws to declare animals “legal persons.”

On December 19, 1994, animal protection lawyer Steven Wise — a deeply patient man — was frustrated. A decade into his 25-year plan to upend the fundamental legal principle that animals are property or “things” with no more rights than a table or bicycle, he was barely making a dent.

Wise’s passion for animal rights dates to 1979 when reading philosopher Peter Singer’s landmark book Animal Liberation proved both revelation and rude awakening. “I really felt that I could not really un-ring that bell,” he says. “There was more injustice there to be fought than any I could think of anywhere in the universe.”

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Independent body needed to investigate miscarriages of justice

by Tom Mann

Channel 7 Today Tonight (Adelaide, 6 December 2011) highlighted the urgent need for a review of cases in which juries have reached a verdict based on suspect evidence. David Szach appeared on the program professing his innocence to the murder of lawyer Derrance Stevenson in 1979. After a 14-year prison sentence, and having passed a polygraph test, he has persisted in seeking a review of his case so that his name might be cleared. Attorney-General John Rau of South Australia, however, rejected Szach’s most recent plea to have his case reopened, despite the flawed nature of the evidence clearly raised by Szach in his petition, and supported by eminent scientists.

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War and Drugs in Afghanistan

by Vanda Felbab-Brown

Since 2001, Afghanistan has become synonymous with the term “narcostate” and the associated spread of crime and illegality. Though the Afghan drug economy peaked in 2007 and 2008, cultivation this year still amounted to 325,000 acres, and the potential production of opium reached 6,400 tons (.pdf). Narcotics production and counternarcotics policies in Afghanistan are of critical importance not only for drug control there and worldwide, but also for the security, reconstruction and rule of law efforts in Afghanistan. Unfortunately, many of the counternarcotics policies adopted during most of the past decade not only failed to reduce the size and scope of the illicit economy in Afghanistan, but also had serious counterproductive effects on the other objectives of peace, state-building and economic reconstruction.

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The Price of 9/11

By Joseph Stiglitz

The September 11, 2001, terror attacks by Al Qaeda were meant to harm the United States, and they did, but in ways that Osama bin Laden probably never imagined. President George W. Bush’s response to the attacks compromised America’s basic principles, undermined its economy, and weakened its security.

The attack on Afghanistan that followed the 9/11 attacks was understandable, but the subsequent invasion of Iraq was entirely unconnected to Al Qaeda – as much as Bush tried to establish a link. That war of choice quickly became very expensive – orders of magnitude beyond the $60 billion claimed at the beginning – as colossal incompetence met dishonest misrepresentation.

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Financing terrorists and terrorism post 9/11

As the 10th anniversary approaches of the ‘9/11’ terror attacks on the United States in 2001, a law enforcement  academic at Charles Sturt University (CSU) says terrorists have shown adaptability and opportunism in meeting their funding needs.

Dr Hugh McDermott, senior lecturer in law enforcement at the CSU Australian Graduate School of Policing in Manly, says that while the direct costs of mounting individual attacks have been low relative to the damage they can yield, financing is required not just to fund specific terrorist operations, but to meet the broader organisational costs of developing and maintaining a terrorist organisation, and to create an enabling environment – infrastructure - necessary to sustain their goals and activities over time.

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