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Keywords: Criminal Law

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    Data regime will see us funding our own surveillance

    • Leanne O'Donnell
    • 09 October 2015
    5 Comments

    Back in March Malcolm Turnbull told ABC radio: 'The only thing the data retention law is requiring is that types of metadata which are currently retained will be retained ... for at least two years.' In fact the laws, which come into effect next week, include an obligation on service providers to 'create' data that falls within the data set to be retained, if they don't already collect it. This isn't nitpicking. The more data that is created, the more the scheme will cost, and the greater the risk of privacy breach.

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  • INTERNATIONAL

    US gun law change can't come soon enough

    • Jim McDermott
    • 07 October 2015
    6 Comments

    In July, an NRA article entitled 'Australia: There Will be Blood' described Australia's gun buyback as a 'mass confiscation' that left guns in the hands of criminals and everyone else defenceless. Meanwhile, America has experienced more than one mass shooting per day so far this year. My hope is that we are in that time of unsustainable stasis Malcolm Gladwell talks about, during which nothing seems to be changing, while beneath the surface stability is being eroded, leading to sudden, permanent change.

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  • The politics of popular evil and untrendy truth

    • Frank Brennan
    • 01 September 2015
    1 Comment

    If you want to form government in Australia and if you want to lead the Australian people to be more generous, making more places available for refugees to resettle permanently in Australia, you first have to stop the boats. If you want to restore some equity to the means of choosing only some tens of thousands of refugees per annum for permanent residence in Australia from the tens of millions of people displaced in the world, you need to secure the borders. The untrendy truth is that not all asylum seekers have the right to enter Australia but that those who are in direct flight from persecution whether that be in Sri Lanka or Indonesia do, and that it is possible fairly readily (and even on the high seas) to draw a distinction between those in direct flight and those engaged in secondary movement understandably dissatisfied with the level of protection and the transparency of processing in transit countries such as Malaysia and Indonesia. The popular evil is that political

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  • AUSTRALIA

    Terrorist or criminal? Why it matters

    • Kerry Murphy
    • 17 July 2015
    7 Comments

    How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.

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  • AUSTRALIA

    Retrospectivity a blow to the rule of law

    • Justin Glyn
    • 29 June 2015
    8 Comments

    Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.

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  • AUSTRALIA

    'Australian Muslim' is not an oxymoron

    • Somayra Ismailjee
    • 15 June 2015
    16 Comments

    There is a particular anatomy to the process of othering. In any context, the formula consists of propaganda, hatred, division, suppression and control. I'm from Perth. Some people would dispute this due to my brown skin and non-Anglo name. But I was born here, and have lived here for my entire life. Still, people like me are too often considered Australian only by law, and not by sociocultural connotation.

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  • INTERNATIONAL

    Italian perspective on Australia's asylum seeker shame

    • Anna Martin
    • 12 June 2015
    31 Comments

    Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.

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  • AUSTRALIA

    Could Immigration 'secrecy' act trump mandatory reporting of abuse?

    • Justin Glyn
    • 09 June 2015
    6 Comments

    All Australian states and territories have mandatory reporting legislation requiring compulsory disclosure of suspected child abuse by relevant professionals. The Australian Border Force Act requires the permission of the Secretary before any disclosure of criminal conduct is made to the relevant authorities. Should an Immigration professional who works with children fulfil their mandatory reporting obligations if this permission is not granted (and face two years in prison) or not?

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  • AUSTRALIA

    Australian citizenship as a political plaything

    • Kerry Murphy
    • 29 May 2015
    4 Comments

    The Federal Government plans to legislate within weeks to strip certain dual nationals of their Australian citizenship. Extending the already existing draconian ministerial power to overturn review tribunal decisions into the area of citizenship is unwarranted. Such an important determination should require the testing of solid evidence, not merely a minister's assessment of the 'national interest'.

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  • AUSTRALIA

    Boston bomber sentence shows death penalty is always political

    • Frank Brennan
    • 19 May 2015
    11 Comments

    The lesson from the trials of Boston Bomber Dzhokhar Tsarnaev and the Bali nine is that the death penalty is always political and macabre. In the US, Justice Scalia was not at all minded to consider the merits of the argument about the effects of the drug Midazolam because he thought the case was all part of a long term political campaign to delegitimise the death penalty. 

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  • AUSTRALIA

    The operational matter of sending Australians to their execution

    • Justin Glyn
    • 06 May 2015
    17 Comments

    While the AFP are clearly right to argue that they need to cooperate with Indonesia – it is, after all, Australia's biggest neighbour – the police's understanding of their role seems absolutely extraordinary in the light of the Extradition Treaty. The implication is that, although Australia is absolutely forbidden from extraditing a person to Indonesia to face the firing squad, the police are entitled - as an 'operational decision' and, if the police are to be believed, with no reference even to Cabinet guidelines - to hand someone over to be executed.

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  • AUSTRALIA

    Indigenous youth pay price for ’get tough on crime’ election promise

    • Mathew Drogemuller
    • 31 March 2015
    6 Comments

    The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.  

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