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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

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Miscarriages of Justice : CriminalAppeals and the Rule of Law in Australia

ISBN13: 9780409340723
Published: September 2015
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Price on Application

This book identifies 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 as against what constitutes a miscarriage of justice under procedural law. 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 to address this issue and Tasmania 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 together with discussion of specific legal issues and the problematic area of compensation for wrongful convictions.

Other Jurisdictions , Australia
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