Criminal law

Analysis and Comment (9)

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The offense of defensive homicide in Victoria is said to allow for victim-blaming and misuse of the justice system – should it be abolished? AAP/Dave Hunt

Legitimising lethal male violence: why defensive homicide needs to be abolished

By Kate Fitz-Gibbon, Deakin University

Research published last week revealed that from November 2005 to September 2012, 18 of the 22 cases of defensive homicide in Victoria resulted from homicides perpetrated by a male offender upon a male…
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The imprisonment of journalists and human rights activists under the crime of ‘lese-majeste’ laws in Asia should be a cause for concern in the new Asian century. 710928003_Flickr

Crime and business: a cautionary tale in the Asian century

By Fiona Haines, University of Melbourne

What is the role of the criminal law? In parts of modern day Asia, the criminal law has had another, more troubling, purpose in addition to convicting murders and rapists: protecting those in authority…
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Barry O'Farrell, seen here with Police Minister Mike Gallacher, has pursued several criminal law reforms aimed at disrupting criminal organisations. AAP Image/Paul Miller

Our right to silence is too important to lose

By Suri Ratnapala

The move to dilute the right to silence in NSW is unjust, constitutionally questionable and unnecessary. The O'Farrell government announced a “watering down” of right to silence laws in response to bikie…
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Footballer Liam Jurrah arriving at his committal hearing in Alice Springs. Are such processes really necessary? AAP/Xavier La Canna

Reforming the committal hearing system

By Asher Flynn, Monash University

Significant questions have been raised over the past three decades, most recently by Victorian Attorney General Robert Clark, as to the benefits of the pre-trial system. In particular, whether having so…
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Anders Breivik was sane when he murdered dozens of people in Norway last year according to a jury. EPA/Heiko Junge/Pool Norway

Anders Breivik is guilty: the fine line between bad and mad

By Arlie Loughnan

One of the most high profile court decisions on “madness” and crime has concluded. In a unanimous decision, the Oslo District Court in Norway has convicted Anders Behring Breivik of the murder of 77 people…
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Lloyd Rayney is accused of murdering his estranged wife Coryne and has opted for a judge only trial. AAP/WA Supreme Court

Twelve good men (and women)? Lloyd Rayney and the problem with jury trials

By Eric Fisher, University of Western Australia

It is no surprise that Lloyd Rayney has chosen to have a judge sitting alone try the case against him rather than exercising his right to trial before a jury. Past media speculation, the high profile…
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Lindy Chamberlain-Creighton holds up Azaria’s death certificate, confirming her daughter’s death by dingo attack. AAP/Patrina Malone

Lessons from the Chamberlain case: the human cost of wrongful conviction

By Joanna Kyriakakis, Monash University

The Azaria Chamberlain case is a reminder that the criminal justice system does get it wrong, with each error bearing its own human cost. On Tuesday, the Northern Territory Coroner’s office concluded…

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