Just Outcomes in Australian Courts - Azaria Chamberlain and Walsh Street Cases
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The legal system aims to achieve just outcomes, however the perception of justice varies between individuals, the legal system and society in general. A 'just outcome' cannot be simply defined, so a working definition is developed instead. A just outcome is said to be "a result of any process or procedure on individuals and society within the operation of the legal system that is seen as fair or proper by the majority of society". Justice can be procedural and substantive. Procedural justice is attained where the process for reaching a decision is fair and just. Substantive justice is where the...
also demonstrate that the legal system has flaws. In R v Condren, Mr Condren was forced to write a confession that was later disregarded after the real murderer confessed, hindering justice.
also demonstrate that the legal system has flaws. In R v Condren, Mr Condren was forced to write a confession that was later disregarded after the real murderer confessed, hindering justice.
However, the mechanisms of the legal system ultimately work to achieve just outcomes. The Chamberlain case utilised the resources of many of the legal mechanisms available – the police force, court hierarchy, parliament and a Royal Commission. These mechanisms ensured that, eventually, a just outcome was reached and Lindy was released and compensated. This demonstrates the legal system's ability to rectify initial errors of judgement which can occur.
Is the current law on the mens' rea for murder in a satisfactory state? Mens' rea refers to the state of mind that the defendant must possess at the time of performing the act, e.g. intention, recklessness, knowledge, or dishonesty. The definition for murder is causing the death...
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In 1978 a radio station owned by Pacifica Foundation Broadcasting out of New York City was doing a program on contemporary attitudes toward the use of language. This broadcast occurred on a mid-afternoon weekday. Immediately before the broadcast the station announced a disclaimer telling listeners that the program would include...
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What's stopping us from killing one another in spite or anger? Do we fear the law, or do we fear the punishment? The Law is a deterrent but let us question this, we do not harm others because we fear being punished and not because we know that we do...
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Did you know that there is a perfectly legal killer in America today? In fact, it kills over 1 million people in the US per year. This is not a disease or a natural killer. This is murder. This murderer kills about 1.25 million people per year, every year. It...
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Under current federal law there is no speed limit. The federal government left the task of setting speed limits up to each individual state. The majority of state speed limits went from 55mph and 65mph to 60mph and 75mph respectively. The problem is, this isn"t fast enough. There should be...
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