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June 18, 2019, 08:39:41 pm

Author Topic: Crime and Human Rights: Recent Legal Developments  (Read 6110 times)  Share 

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paigek3

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Re: Crime and Human Rights: Recent Legal Developments
« Reply #45 on: August 08, 2017, 04:20:00 pm »
+1
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
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #46 on: August 09, 2017, 10:21:34 am »
0
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.
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elysepopplewell

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Re: Crime and Human Rights: Recent Legal Developments
« Reply #47 on: October 05, 2017, 08:08:47 pm »
+2
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elysepopplewell

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Re: Crime and Human Rights: Recent Legal Developments
« Reply #48 on: December 27, 2017, 01:46:11 pm »
0
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.
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elysepopplewell

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Re: Crime and Human Rights: Recent Legal Developments
« Reply #49 on: December 27, 2017, 01:53:10 pm »
+1
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!
« Last Edit: December 27, 2017, 02:33:50 pm by elysepopplewell »
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #50 on: December 28, 2017, 06:42:32 pm »
+3
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.
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #51 on: December 30, 2017, 12:41:00 am »
+2
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
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #52 on: December 30, 2017, 09:24:22 pm »
0
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
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #53 on: January 11, 2018, 11:32:57 am »
+1
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!
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #54 on: January 11, 2018, 11:56:35 pm »
0
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.
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elysepopplewell

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Re: Crime and Human Rights: Recent Legal Developments
« Reply #55 on: January 30, 2018, 07:40:13 am »
+1
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.

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elysepopplewell

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Re: Crime and Human Rights: Recent Legal Developments
« Reply #56 on: February 07, 2018, 12:03:15 pm »
+3
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.
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #57 on: February 20, 2018, 10:52:20 am »
0
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
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #58 on: March 31, 2018, 04:25:56 pm »
+1
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?!
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Re: Crime and Human Rights: Recent Legal Developments
« Reply #59 on: April 13, 2018, 05:15:47 pm »
+3
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! :)
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