ATAR Notes: Forum

HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: elysepopplewell on July 26, 2016, 04:55:28 pm

Title: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on July 26, 2016, 04:55:28 pm
I'm creating this thread as a place for us to post about things that are happening in the world as we speak! Feel free to post something you heard on the news, link to an article, or to discuss a recent event.
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 26, 2016, 04:56:45 pm
Last night, Four Corners revealed atrocities occurring in a Northern Territory Juvenile Detention Centre. Malcolm Turnbull has called a royal commission! Follow this up for your Young Offender Notes. The Four Corners documentary brings up a lot of legal issues! You can watch the episode online now.
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 26, 2016, 04:58:05 pm
Follow the "NSW" Labor page on facebook and view a video that Bill Shorten just posted discussing the justice gap between Indigenous and non-Indigenous Australians. This is relevant for young offenders but also for those studying Indigenous people as their option study.
"It is shocking that in modern Australia a young Aboriginal man of 18 is more likely to end up in jail than university. We must close the justice gap." - Shorten
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 26, 2016, 05:05:13 pm
Gillian Triggs says that the Northern Territory Juvenile Detention Centre abuse, as exposed on Four Corners last night, is a reflection of our detention culture. Read it here.
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 26, 2016, 05:16:08 pm
"Malcolm Turnbull to bring in new laws allowing indefinite jail for high-risk terrorists"

Interesting for Crime: Sentencing and Punishment, interesting for human rights, interesting as a citizen. We currently have it for paedophiles, should we extend it to terrorists?
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 26, 2016, 06:11:25 pm
Quote from: elysepopplewell on July 26, 2016, 04:56:45 pm
Last night, Four Corners revealed atrocities occurring in a Northern Territory Juvenile Detention Centre. Malcolm Turnbull has called a royal commission! Follow this up for your Young Offender Notes. The Four Corners documentary brings up a lot of legal issues! You can watch the episode online now.

"Legal action against NT government to be stepped up following Four Corners footage"
This is unravelling very quickly!
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 30, 2016, 03:20:06 pm
"Almost nine in 10 asylum seeker and refugee children at Nauru reportedly do not attend school and have been accused by local students of being "terrorists" and bomb-makers, leaving already vulnerable young people uneducated and badly disadvantaged." You can read more about this here, if you are using refugees as your contemporary human rights issue, this is a great article for you!
Title: Re: Recent Legal Developments
Post by: elysepopplewell on July 30, 2016, 03:21:45 pm
For those studying World Order, this has the potential to become useful for you all. Although it hasn't escalated to a potential point of legal relevance yet, it definitely has the capacity to. Read about the Rudd/Turnbull/UN debacle here!
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 03, 2016, 05:53:22 pm
Human Rights: If refugees are your contemporary issue, I hope you are following the PNG court findings on Manus.

"Papua New Guinea's Supreme Court on Tuesday ordered Australia to present a resettlement plan for nearly 900 asylum seekers held in what it says is an illegal detention centre on Manus island – a move detainees fear will further delay their release.

The Supreme Court ruled more than three months ago that the detention centre, used to house asylum seekers trying to reach Australia, was illegal. The centre was approved by the Papua New Guinea government and is funded by Australia."

Full article here: http://www.smh.com.au/federal-politics/political-news/png-court-orders-australia-to-find-resettlement-plan-for-900-asylum-seekers-20160802-gqjjo3.html
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 11, 2016, 12:47:28 pm
This is huge.
"Wilson Security, contracted to protect asylum seekers on Manus and Nauru, did not tell an Australian Senate inquiry about at least 16 serious allegations"
Article for that here.

This shows some of the most compelling incidents in their paper form: https://www.theguardian.com/australia-news/gallery/2016/aug/10/twelve-of-the-most-harrowing-accounts-from-the-nauru-files-in-pictures

Nauru guard admits to throwing a rock at a 5 year old, and injuring the child: http://www.smh.com.au/federal-politics/political-news/nauru-guard-admits-throwing-rocks-at-young-children-allegedly-injuring-fiveyearold-child-20160810-gqp1am.html

So appalling :(
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 13, 2016, 09:57:50 pm
The Racial Discrimination Act's discussion in recent years has sparked a lot of resources on the role of law reform, the law makers, politics and law, and of course, human rights.

Here is the latest article, explaining Tony Abbott's reflection on his party's approach to the reform of Section 18C, potentially reopening the debate: http://www.smh.com.au/federal-politics/political-news/tony-abbott-reopens-racial-discrimination-debate-and-laments-hyperpartisan-politics-20160812-gqr91f.html
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 14, 2016, 02:14:40 pm
Labor is pushing for a Senate Inquiry into the Nauru Files: http://www.smh.com.au/federal-politics/political-news/labor-to-push-for-senate-inquiry-into-nauru-detention-centre-incident-report-leaks-20160813-gqs09e.html
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 15, 2016, 09:07:21 pm
Rudd and Abbott were told the PNG Detention Plan was UNCONSTITUTIONAL in 2013: http://www.smh.com.au/federal-politics/political-news/rudd-and-abbott-were-warned-png-detention-plan-was-unconstitutional-in-2013-20160815-gqsjae.html
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 15, 2016, 09:09:46 pm
This is an extremely interesting proposal. The Royal Commission into Sex Abuse that has investigated Churches particularly, is now considering extending the inquiry into Detention centres after the horrors of Don Dale and Nauru have been revealed. Previously, the commission has said that investigating in Nauru is outside of its jurisdictional powers. Interesting...
http://www.smh.com.au/federal-politics/political-news/sex-abuse-royal-commission-considering-public-hearing-into-detention-centres-after-nauru-leak-20160815-gqsv9e.html
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 15, 2016, 09:13:41 pm
The best coverage of Nauru and the Detention centre is coming from Guardian Australia at the moment.

Senate Inquiry likely as cross benchers show their support: https://www.theguardian.com/australia-news/2016/aug/15/senate-inquiry-into-nauru-child-abuse-allegations-likely-after-crossbenchers-indicate-support
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 16, 2016, 12:25:55 pm
This isn't in the Australian legal system but I think it really details the way that legal system complicate sexual assault cases and end up turning it into an absolute joke. This is about India: http://www.smh.com.au/world/she-was-raped-at-13-her-case-has-been-in-indias-courts-for-11-years--and-counting-20160815-gqtcwi.html

But, it also brings to mind Brock Turner in the "Stanford rape case" (as its been coined recently).
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on September 02, 2016, 12:13:17 pm
This man from Melbourne has been arrested and had a trial hearing in the Philippines for his involvement in a paedophilia ring. Among his charges are assault, possession of child pornography, and murder. It's a truly terrible case, and I'm putting it here for a few reasons. This is a transnational crime. Searching for information on the Australian response would be really beneficial I think! Particularly as more of this case evolves, surely we will get some interesting commentary.
Furthermore, the case's evidence comes largely down to the way that Facebook has been used to assist the investigation. Facebook messages record the explicit photo sharing of minors and also the arrangements for the accused to meet with young females in the Philippines. Facebook has shut down the accounts of some of the minors before the man ever arranged the final meeting details.
Definitely an interesting case to follow: http://www.smh.com.au/world/australian-accused-of-child-sex-tourism-arrested-in-the-philippines-20160901-gr6x8x.html
You can also use this as a case study for your human rights contemporary issue if you are doing slavery or trafficking, more on this will come forward in the coming weeks.

Also, interesting fact from the article: Australian Federal Police data shows that more than 2,700 registered sex offenders have travelled from Australia in the past five years.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on September 11, 2016, 09:17:57 pm
The EU is about to double their emergency aid for refugees stranded in Greece! I've reached my monthly free articles on SMH, so I can't link it :( But definitely worth checking out!

PS. Will start paying for articles next month, I reach the quota too quick.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on September 24, 2016, 09:57:55 am
This is interesting for transnational crime, but also if you are interested in people smuggling and asylum seekers for your contemporary issue.
"Notorious Indonesian people smuggler arrested in Jakarta."

The captain and five crew members, who said Australian officials paid them $US32,000 to return 65 asylum seekers to Indonesia, are already serving at least five years behind bars for people smuggling.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: jamonwindeyer on October 13, 2016, 01:17:51 pm
We don't see a life sentence handed down for homicides very often in NSW, but here is a very recent example. Vincent Stanford, who raped and murdered school teacher Stephanie Scott, has received life without parole in the NSW Supreme Court. This is fantastic example to use for retributive sentencing (indeed sentencing in general), and recognising the rights of the victim in the Criminal Justice System.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: caninesandy on October 25, 2016, 10:39:11 pm
Here is a very interesting documentary from Dateline and the Philippines' President Duterte and his war on drugs. The President is backing any police officer who kills drug suspects! There are a lot of casualties...It is extremely concerning  :-[

And if for some reason you are lucky enough to not be killed then for your rehabilitation you must attend one Zumba session a week...??  :o I. Don't. Understand.

It might be helpful for state sovereignty arguments (especially regarding the President's comments toawrds those who wish to challenge him - "If you want to criticize me, bring the matter to the United Nations.") human rights violations (there are so many, e.g no fair trial, right to safety, right to life) etc.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on October 26, 2016, 07:26:32 am
Quote from: caninesandy on October 25, 2016, 10:39:11 pm
Here is a very interesting documentary from Dateline and the Philippines' President Duterte and his war on drugs. The President is backing any police officer who kills drug suspects! There are a lot of casualties...It is extremely concerning  :-[

And if for some reason you are lucky enough to not be killed then for your rehabilitation you must attend one Zumba session a week...??  :o I. Don't. Understand.

It might be helpful for state sovereignty arguments (especially regarding the President's comments toawrds those who wish to challenge him - "If you want to criticize me, bring the matter to the United Nations.") human rights violations (there are so many, e.g no fair trial, right to safety, right to life) etc.

I'm so glad you brought this to the discussion! I've been trying to keep my eye on the situation but it's just blown my mind and I haven't been able to distinguish between what is media hype and what is real. I'll definitely be having a look at that documentary! I wonder how we will see Australia continue to respond. I know Australian voices are split - some people say "good, we aren't strict enough on drugs" and then you've got people recognising the violation of rights. Thanks for sharing!
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: caninesandy on October 26, 2016, 09:51:09 am
Quote from: elysepopplewell on October 26, 2016, 07:26:32 am
I'm so glad you brought this to the discussion! I've been trying to keep my eye on the situation but it's just blown my mind and I haven't been able to distinguish between what is media hype and what is real. I'll definitely be having a look at that documentary! I wonder how we will see Australia continue to respond. I know Australian voices are split - some people say "good, we aren't strict enough on drugs" and then you've got people recognising the violation of rights. Thanks for sharing!

No worries :D I agree, when I first heard about him and the situation it didn't sound "real", or something which people would do but it seems that it is. :(
Drugs are a very big problem over there, and everywhere, but perhaps arbitrarily, without trial, killing people is not the best way to solve it.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on October 26, 2016, 10:19:13 am
Quote from: caninesandy on October 26, 2016, 09:51:09 am
No worries :D I agree, when I first heard about him and the situation it didn't sound "real", or something which people would do but it seems that it is. :(
Drugs are a very big problem over there, and everywhere, but perhaps arbitrarily, without trial, killing people is not the best way to solve it.

It's a good thing to consider giving the transnational issue of drug trafficking as well! Undoubtedly there's been varying effectiveness in dealing with this before - I don't think violation of human rights is the way to go. Great find! Excellent to talk about in an exam.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on December 19, 2016, 05:44:53 pm
Here is a new article about the slashing of the sentence given to the killer of Police Officer Bryson Anderson.

The case is very interesting because it deals with mandatory sentencing for the murder of a police officer: but then the murderer gets the sentence slashed by 11 years on the counts of mental illness not being fully appreciated by the court. The murderer pleaded guilty to murder. His mother pleaded guilty to manslaughter. Do you think that his guilty plea has helped him in the criminal justice process post-sentencing? Do you think that this sentence meets the expectations of the community?
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 07, 2017, 07:38:28 pm
A flight attendant in the US observer a teenage girl who looked scared and not very well dressed, in the company of an older man who was very well dressed, on a flight. She reached out to the girl on the flight and was able to organise for the police to be waiting at the plane's arrival at the destination because the teenage girl was being trafficked.

An interesting fact in the article: According to the National Human Trafficking Hotline, 7,572 trafficking cases were reported in the US in 2016.

Read more about it here. If you're doing human trafficking for your contemporary issue, this is great! But it also is good to know for the slavery dot point.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 10, 2017, 03:38:22 am
The Turnbull Government has announced that they will ratify a UN protocol on torture by the end of 2017. This comes as a response to the Don Dale Detention Centre reports of 2016.

Australia signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2009, and has been under pressure from Human Rights Groups to ratify it since. Attorney General George Brandis has committed to ratifying it by the end of the year.

This might just pave the way for independent inspections into the prisons, which would be an excellent step forward, in my opinion, to stop the administrative group directly responsible for the Detention Centre covering things up. Or have I just been watching too much Orange is the New Black?

Anyway, article here.

Edit: If you're interested in prison corruption, this just appeared to me as a suggested read. Interesting.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 10, 2017, 03:45:31 am
If you're doing asylum seekers or refugees as your contemporary human rights issue...it might be worth having a look at Japan's asylum seeker intake. I think that when we make evaluative statements about Australia's laws or responses, it's important to compare to other nation states to get an idea of the international standard/expectation.

In 2016, 10,901 people sought asylum in Japan, up 44 per cent from a year earlier, when the country accepted 27. (Although the title of the article says 28...)
Japan is a large donator of international aid.
Germany received 745,545 asylum applications last year, data from its Interior Ministry showed. In the same period, Berlin approved more than 256,000 requests.
The article is here.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 10, 2017, 07:14:32 am
This one is a bit whacky. The case itself is interesting, here we have a man who has been convicted of manslaughter before, in front of the courts again for the the homocide of an aged care worker. He's pleaded guilty to manslaughter, using the defence of substantial impairment.

One of the witnesses sent a facebook friend request to a juror the day after they presented their testimony to the court. The prosecution had to decide if they thought it was beneficial to call a retrial or continue with the current trial. After consideration for the victim's family, the case has not been sent to retrial.

Story on SMH here.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: rodero on February 27, 2017, 08:56:03 pm
Here is an extremely contemporary article regarding the development of environmental rights. The Washington Times have published an article http://www.washingtontimes.com/news/2017/feb/23/hundreds-scientists-urge-trump-withdraw-un-climate/ (If anyone could teach me how to hyperlink, thank would be great  ;D) regarding recent urges to withdraw from the 'outdated' United Nations Framework Convention on Climate Change (UNFCCC). 300 scientists have petitioned to a letter written to President Trump, stating that the convention has led to significantly more social and economic issues, with little environmental benefits to compensate.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: jamonwindeyer on February 27, 2017, 09:14:02 pm
Quote from: rodero on February 27, 2017, 08:56:03 pm
Here is an extremely contemporary article regarding the development of environmental rights. The Washington Times have published an article http://www.washingtontimes.com/news/2017/feb/23/hundreds-scientists-urge-trump-withdraw-un-climate/ (If anyone could teach me how to hyperlink, thank would be great  ;D) regarding recent urges to withdraw from the 'outdated' United Nations Framework Convention on Climate Change (UNFCCC). 300 scientists have petitioned to a letter written to President Trump, stating that the convention has led to significantly more social and economic issues, with little environmental benefits to compensate.

The code you are looking for is:

Code: [Select]
[url=www.google.com]Google[/url]
That generates this:

Google

If you click the little globe (third from the left on the bottom row in the toolbar above your posting window), it gives you a shortcut for it! ;D thanks so much for the link, very interesting article! :)
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: rodero on February 27, 2017, 09:47:14 pm
Quote from: jamonwindeyer on February 27, 2017, 09:14:02 pm
The code you are looking for is:

Code: [Select]
[url=www.google.com]Google[/url]
That generates this:

Google

If you click the little globe (third from the left on the bottom row in the toolbar above your posting window), it gives you a shortcut for it! ;D thanks so much for the link, very interesting article! :)

Here goes Article

Wow thanks jamon  ;D Gonna abuse hyperlinks from now on
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: jamonwindeyer on February 27, 2017, 10:42:18 pm
Quote from: rodero on February 27, 2017, 09:47:14 pm
Here goes Article

Wow thanks jamon  ;D Gonna abuse hyperlinks from now on

You are welcome!! Hyperlinks are the best thing ever ;)
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 28, 2017, 01:31:43 am
Quote from: rodero on February 27, 2017, 08:56:03 pm
Here is an extremely contemporary article regarding the development of environmental rights. The Washington Times have published an article http://www.washingtontimes.com/news/2017/feb/23/hundreds-scientists-urge-trump-withdraw-un-climate/ (If anyone could teach me how to hyperlink, thank would be great  ;D) regarding recent urges to withdraw from the 'outdated' United Nations Framework Convention on Climate Change (UNFCCC). 300 scientists have petitioned to a letter written to President Trump, stating that the convention has led to significantly more social and economic issues, with little environmental benefits to compensate.

Great article Rodero. It's interesting to see what comes after the 2015 UN Climate Change Conference. If you're doing Environmental rights as your contemporary issue and you're particularly interested in it, The Guardian does a little section on it on their site that I subscribe to. But, the Australian publications I've seen haven't yet reported on what you've come across, so it's a great idea that you're looking to global publications.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on March 22, 2017, 04:29:12 am
When looking at the protection of human rights in Australia we need to look at the way the Freedom of Speech is being treated at the same time as our right to be free from discrimination is being treated. They are conflicting ideas!

Malcolm Turnbull has pledged to amend 18c of the Racial Discrimination Act to make the law more powerful, and less unclear. This article provides a lot of great quotes and a decent summary from both sides of the coin.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on March 23, 2017, 06:22:24 am
I'm VERY EXCITED to say that "Gay panic defence" has been scrapped as a partial defence to murder in QLD. NSW only abolished it in the last 5 years. In the January Legal Lecture I mentioned how QLD was yet to abolish the partial defence - I'm glad to say they have!

Article here.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on July 15, 2017, 01:41:53 pm
Just came across this interesting article from the Guardian saying:
Activists, wildlife rangers and indigenous leaders are dying violently at the rate of about four a week, with a growing sense around the world that ‘anyone can kill environmental defenders without repercussions...WHAT!

This is really good for your environmental rights notes, your human rights notes, and if you are doing freedom of speech or right to protest as your contemporary issue, then that too! I literally cannot believe this. An excellent piece of Journalism I think.

https://www.theguardian.com/environment/2017/jul/13/environmental-defenders-being-killed-in-record-numbers-globally-new-research-reveals?utm_source=instagram&utm_campaign=ecodefenders%3FCMP%3Dsoc_567
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: bimberfairy on July 15, 2017, 04:37:26 pm
Not sure if anyone else has been following the Cardinal George Pell case regarding the charges of sexual offences laid against him, but it's been very prominent in the news since the beginning. Also seems like a really good contemporary case for crime, especially for areas like sentencing and the criminal trial process, since there are so many articles on it!

Cardinal George Pell returns to Australia to face historical sex abuse charges
Cardinal George Pell charged with historical sex offences
Cardinal George Pell: A timeline
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on July 15, 2017, 05:00:19 pm
Quote from: bimberfairy on July 15, 2017, 04:37:26 pm
Not sure if anyone else has been following the Cardinal George Pell case regarding the charges of sexual offences laid against him, but it's been very prominent in the news since the beginning. Also seems like a really good contemporary case for crime, especially for areas like sentencing and the criminal trial process, since there are so many articles on it!

Cardinal George Pell returns to Australia to face historical sex abuse charges
Cardinal George Pell charged with historical sex offences
Cardinal George Pell: A timeline

Especially when looking at how commissions come into it, and how media as a non-legal measure can add to the way a case is dealt with.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: bimberfairy on July 15, 2017, 05:05:13 pm
Quote from: elysepopplewell on July 15, 2017, 05:00:19 pm
Especially when looking at how commissions come into it, and how media as a non-legal measure can add to the way a case is dealt with.

Yep! I totally agree (: The media played a huge role in reporting the case to the public and amping up public interest
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on July 15, 2017, 05:41:34 pm
I'm having a field day with media today!

The future of the burqa in Europe becomes more uncertain as the European Human Rights Court found that Belgium's ban of face veils is lawful and "necessary in a democratic society."

"The Strasbourg-based court’s unanimous ruling Tuesday determined that the 2011 Belgian law, which prohibits people from wearing clothing that partly or completely covers the face in public, is justifiable under the European Convention on Human Rights because it aims to “guarantee the conditions of ‘living together’ and the ‘protection of the rights and freedoms of others.’” The two Muslim women—one a Belgian national, the other Moroccan—who had brought the case to court argued that the ban violates the rights of veiling-wearing women to religious freedom and privacy. The court ruled that it does not."

Interesting for human rights, especially if Freedom of Religion is your contemporary issue.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: georgiia on July 19, 2017, 09:56:05 pm
If anyone wants a recent/ongoing case for crime the Bowraville case is really good because you can talk about law reform in terms of the 'Double Jeopardy' law and how the CJS must balance the rights of the victim and the offender and the safety of society.

Bowraville Murders
Almost a quarter of a century ago three Aboriginal children, Colleen Walker, Clinton Speedy-Duroux and Evelyn Greenup, were murdered in Bowraville and their killer still walks free.  The circumstances surrounding the three children’s murders have clear similarities, however the legal system at the time prevented all the murders being tried together.  This meant crucial evidence was missing from each trial and justice has not been achieved.
3 children
Circumstances have clear similarities
Prevented from being tried together
Crucial evidence was missing from each trial
Justice has not been achieved

In November 2014 a NSW parliamentary committee recommended that the government review the double jeopardy principle – a rule preventing a person facing criminal trial more than once for the same crime. This is because the only exception is that a person accused of a very serious crime can only be retried where there is ‘fresh and compelling evidence’. When this expectation was introduced in 2006, the families of Bowraville believed that this would allow the alleged killer to be tried for all three murders. However, then arose the issue of whether the evidence in the Bowraville cases met the legal definition of ‘fresh’. Some of the evidence linking the cases to each other and the alleged killer was available during one of the trials but it was ruled as inadmissible.
Parliamentary committee recommended review of double jeopardy principle
Retrial only with ‘fresh and compelling evidence’
Does evidence meet the legal definition of ‘fresh’
Some evidence ruled as inadmissible

In the next couple of months, the relatives of Evelyn Greenup, Colleen Walker and Clinton Speedy-Duroux will travel to the Court of Criminal Appeal in Sydney to finally see the case heard for a retrial. It will be the latest, but arguably the most significant, feat this family from a tiny, socially disadvantaged town on the north coast has achieved in their 26-year pursuit for justice.


There is a podcast about it and it is really, REALLY GOOD.
https://soundcloud.com/the-australian-1/bowraville-bonus-episode-the-phone-call

You can also talk about it in terms of appeals
'Justice over Bowraville murders as case goes to appeal court' 
http://www.theaustralian.com.au/national-affairs/state-politics/justice-over-bowraville-murders-as-case-goes-to-appeal-court/news-story/5cd6db5fa417408bf68cec88da49f053
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on July 29, 2017, 11:34:32 am
I haven't yet found a source other than Pedestrian to report on this, so I will follow up with anything more. But, a Brisbane couple has just been charged for human trafficking for keeping a Fijian slave for the purpose of domestic servitude.

What's interesting to me is that the Salvation Army reported this to the police in August last year, but a raid of the house and charge and arrest of the couple was only made this month. I'm curious to know about the investigation process here, and why it takes 11 months. Not to be judgemental of the system, of course, the outcome so far is positive (there has been an arrest and charge). They appear in the Magistrate's Court today so maybe we'll hear more then.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 02, 2017, 06:11:41 pm
This is very interesting...human rights and also crime...and ALSO workplace...

 'Slave labour' and sexual exploitation: calls for investigation into backpacker abuse

"The former head of the Australian Competition and Consumer Commission has urged the agency to investigate legal action after a string of exploitation cases involving working holidaymakers were unearthed by British campaigner Rosie Ayliffe.

Alan Fels, now chair of the federal government’s Migrant Workers’ Taskforce, said Ayliffe had gathered valuable evidence of widespread abuses under Australia’s farm work visa scheme since her daughter Mia was stabbed to death in a Queensland hostel last year."
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 07, 2017, 11:17:26 am
Really interesting discussion about a Charter of Rights for Australia here.

I talked on and on about the Conversation in the lectures, but that's because there articles are sooooo full of other resources - all of their facts are hyperlinked. It's a wonderful resource.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: paigek3 on August 08, 2017, 04:20:00 pm
http://www.9news.com.au/national/2017/08/08/13/10/un-warns-of-escalating-crisis-on-manus?ocid=Social-9News

Article is good for anyone with a contemporary issue regarding anything to do with refugees
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on August 09, 2017, 10:21:34 am
Putting this in a spoiler for content warnings: sexual assault in company (gang rape)

Spoiler
I've been waiting to hear more about this case. The R V Skaf cases have been useful cases for legal students because of their issues with juries,
 evidence, prompting new legislation, victim impact statements, and public outcry. Since then I've not been able to find a case that has exercised the legislation of sexual assault in company.

Until today. The link is here: http://www.abc.net.au/news/2017-08-08/three-men-guilty-of-gang-rape-captured-on-camera-at-sydney-party/8785520?WT.mc_id=newsmail&WT.tsrc=Newsmail

The sentence isn't handed down until October - but three men aged 25, 26, and 26, filmed the sexual assault of a 16 year old girl on a GoPro. They all pleaded not-guilty, but were all found guilty. The victim didn't originally report the crime, but the GoPro footage was found (not sure by who, but it appears a stranger), and passed onto police, and the police identified her and assisted with pressing charges. The victim was unconscious at the time of the assault, and therefore could not give consent.

I'm especially interested in the sentencing, so when more comes out I will post more. I'm interested because the sentencing of the Skaf case was so extreme (and then slashed to be shortened several times) so I will be very interested in how this case measures up, given its similarities, but also its differences.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on October 05, 2017, 08:08:47 pm
Under new terror laws, ten year olds could be held without charge.
https://www.theguardian.com/australia-news/2017/oct/05/ten-year-olds-held-without-charge-new-terrorism-laws?CMP=soc_567
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on December 27, 2017, 01:46:11 pm
This isn't SUPER handy but if you enjoy following human rights then I think this is good knowledge to have!
Article here about Chinese human rights activist jailed for eight years for subversion
"A prominent Chinese human rights activist has been jailed eight years in jail for subversion on Tuesday, the harshest sentence to be passed so far in a government crackdown on activism that began more than two years ago.

Wu Gan, a blogger better known by his online name of Super Vulgar Butcher, regularly championed sensitive cases of government abuses of power, both online and in street protests. He was sentenced to eight years in prison on charges of “subverting state power” at the Tianjin no 2 people’s court. He has been in pretrial detention for more than two years after staging a protest outside a court.

“The court found that the defendant Wu Gan became dissatisfied with the existing political system,” according to the verdict. “Wu Gan has long used information networks to spread a great deal of rhetoric and to attack state power and the system established by the constitution.”"

On a similar note, if this interests you, check out this profile of various human rights activists that have disappeared in China.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on December 27, 2017, 01:53:10 pm
Interested in using sexual trafficking in your notes for human rights?

This article presents some very thought-provoking ideas and could even be used if you're doing workplace as one of your options.

The article discusses the call to decriminalise sex work to ensure that sex workers are protected and not exploited. Part of the reason that sexual slavery and trafficking can happen in Australia is because this "workplace" isn't regulated like any other office - allowing a shadow to be cast on what happens. This is not to say that the decriminalisation of sex work would mean sexual slavery and trafficking wouldn't happen, but I genuinely believe it's a step in the direction of lifting a shadow on a "taboo" practice to ensure the protection of those in sex work - voluntarily or through force (meaning: protecting those who choose to be there, helping those who do not want to be there, and prosecuting those who forced them to be there).

There's lots of good links in this article as well, so it's definitely worth clicking in to for all things slavery act related. There's also excellent graphs there to use!
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: NowYouTseMe on December 28, 2017, 06:42:32 pm
http://www.abc.net.au/news/2017-12-08/hugh-garth-sentence-for-one-punch-assault-of-ray-manalad/9239464
Article and case are useful for exemplifying mandatory sentencing(and its effects on judicial discretion), as well as the tension between community interests and individual rights/freedoms.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: inescelic on December 30, 2017, 12:41:00 am
Really unique point on the importance of compliance by judges in the CJS. Judge Hampel did not follow through with precedented procedures, thus leading to a new trial. Although this may limit the rights of the accused, re-trials have upset the community as those convicted of rape are being given the opportunity to appeal their cases.
Read here: http://www.heraldsun.com.au/news/law-order/victorian-judges-jury-error-opens-appeal-door-for-convicted-criminals/news-story/a9d61b336d49a061f0aec803b7b752a9
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on December 30, 2017, 09:24:22 pm
LAW REFORM, DRUG POLICY, INTERNATIONAL TREATIES, STATISTICS, DEBATE

This article is fantastic for looking at the review of legislation over time - the case in point is about drugs as a social and health issue that is treated so heavily as a law enforcement issue. I think the article not only raises good points, but is excellent for legal students because of the way it talks about how the laws evolved!

Article here
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on January 11, 2018, 11:32:57 am
REFUGEE IN MEDICAL EMERGENCY IN NAURU

Link to Guardian article here (no pay wall with Guardian).

If refugees are your human rights contemporary issue then I'd be following this quite closely!
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: NowYouTseMe on January 11, 2018, 11:56:35 pm
http://www.smh.com.au/nsw/criminals-pleading-guilty-much-earlier-in-new-kind-of-court-20180109-h0flb8.html?csp=8fb870622df90b1652ca3d2a8d54b20f

http://www.justice.nsw.gov.au/Pages/media-news/media-releases/2018/district-court-program-reduces-delays.aspx

These articles are definitely useful for Crime as they describe recent law reform of 'rolling list' courts, which are designed to encourage and process early guilty pleas through offering sentence reductions. Issues in relation to the role of law reform, the balance of rights between victims, offenders and society, as well as resource efficiency could be explored using this so definitely important to add this to your essay plans. The articles also have quite a few statistics and professional opinions, which is nice to have.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on January 30, 2018, 07:40:13 am
CW: Sexual Assault in Company

Spoiler
At the lecture I mentioned that it would be worth keeping an eye on the case where a 16 year old girl was sexually assaulted in company and recorded via GoPro.

The 16 year old girl had an intellectual disability, limiting her verbal skills to that of an eight year old. She was also intoxicated by alcohol and drugs.

Police found footage of the girl being assaulted on a GoPro during a graffiti crackdown.
Well - everyone has been sentenced now.
You can read their sentences here.

The reason this is a good case to understand is because we all focus on the R V Skaf case from the turn of the Century - this is another set of cases on the sexual assault in company section of the law.

[url=http://www.smh.com.au/nsw/father-defends-son-charged-over-alleged-gangrape-of-teenage-girl-filmed-on-gopro-20151015-gka6ld.html]This article is from much earlier on and gives details of the exact charges. Unfortunately the most recent article doesn't identify that.

Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 07, 2018, 12:03:15 pm
Hi all!

I wrote in the Legal notes about Environmental Rights and specifically, the Climate goals from the Paris agreement. The NY Times has created a really great visualisation on where major players are with their progress on this: https://www.nytimes.com/interactive/2017/11/06/climate/world-emissions-goals-far-off-course.html

“One year after the Paris Agreement entered into force, we still find ourselves in a situation where we are not doing nearly enough to save hundreds of millions of people from a miserable future,” said Erik Solheim, head of the United Nations Environment Program.

Remember: The difficulty often lies in nations prioritising fiscal benefit over environmental conservation. This is why multinational cooperation on the environmental rights is very difficult: each nation has the right to exercise state sovereignty to ensure their nation's (economic) interests are looked after.
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on February 20, 2018, 10:52:20 am
Hey everyone!

I've been doing some work on Child Soldiers at work today so I thought I'd share this here.

An article from IRIN: It is time to end the child soldier stereotype

Here's some little quotes and snippets to follow if you are using Child Soldiers as your Contemporary Human Rights issue:

The UN estimates up to 40 percent of child soldiers worldwide are in fact girls, who often encounter serious difficulties when returning home.

In reality, rejection and discrimination by family and friends is commonplace. Child Soldiers International conducted research in Congo in 2016 that brought to light the hardships endured by returning girl soldiers.

Of 150 girls interviewed, a majority had suffered horrendous sexual abuse, with several taken as “wives” by their captors. Their experiences were compounded when they returned home, as many were ostracised by their families.

This International Day against the Use of Child Soldiers, on Monday, also marks 18 years since the adoption of the international treaty created to prevent the use of child soldiers.

To date, 167 countries have ratified the treaty, with Central African Republic the most recent signatory in September 2017.

And here's the report based on Congo: https://www.child-soldiers.org/democratic-republic-of-congo
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on March 31, 2018, 04:25:56 pm
So I'm following this up for a journo assignment, but I came across this really interesting (and alarming statistic) when looking at the new Anti-Slavery laws coming in to Australia (maybe soon).

http://www.abc.net.au/news/rural/2017-12-07/parliament-moves-to-stamp-out-modern-slavery-tabling-report/9234784

"Particularly given over 30 million of the estimated 40 million people under modern slavery around the world are in the Asia-Pacific region, and as a major trader in the region, we can make a huge difference," Mr Crewther said."

!!! !!! !!!!!!
Three quarters of people in slavery are in Asia Pacific?!
Title: Re: Crime and Human Rights: Recent Legal Developments
Post by: elysepopplewell on April 13, 2018, 05:15:47 pm
Sooooo a bill for Modern Slavery laws has been introduced into NSW Parliament!

https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3488

It comes about after there was a national inquiry into the establishment of a Modern Slavery Act in federal law, ordered by George Brandis in early 2017, to look at trafficking in business supply chains.

The UK adopted laws for this in 2015, so we're kinda copying what they've done but going to take it beyond. So basically it requires business with a revenue over fifty million dollars annually to report each year on their supply chains in order to improve corporate accountability and transparency for consumers.

So, the national legislation should be coming, the coalition has committed to it. But in the mean time, it has been officially proposed in NSW Parliament at a state level! :)