Research Brief 23 In 2016 the domestic violence epidemic shows no signs of slowing down. It seems Australian men are going mad. Women – and children – are dying as a result. The ever-increasing tally of deaths and serious injuries is prompting many to demand that the legal system needs to do more to […]
Research Brief 15 The principle of open justice – referring to the transparency of the trial process – has a long history. Courts in ancient Greece, for example, were constructed with low walls so the public could observe the proceedings while attending to their ordinary business. Similarly, following the Norman Conquest, courts were […]
Research Brief 14 When most of us think of criminal trials, our general point of reference is popular culture. Courtroom dramas like Janet King, Rake, and Law and Order typically script a characterisation of a full prosecution process. There are the pre-trial activities by police: an investigation, interviews with witnesses and suspects, and charges […]
Research Brief 12 In 1837, wealthy landowner and ex-magistrate James Mudie returned to London and published a book entitled The Felonry of New South Wales. In it, he described the law courts and the legal profession in New South Wales as “a sink of corruption and iniquity, detestable profligacy and disgusting filth”. Did Mudie’s […]
Research Brief 11 The forms of law can appear opaque. Ostensibly they are designed to ensure a measure of due process. Their impact on accused and complainants may be unpredictable. During the nineteenth century governments tried to formalise and even simplify the process by which criminal charges were brought and trials conducted. An early […]
Research Brief 9 In April 1905, elderly Henry Ayling appeared before Judge Burnside and a jury of 12 peers in the Perth Criminal Court on a charge of bigamy. The key question during the trial centred on the validity of Henry’s first marriage, alleged to have occurred in Adelaide in 1877 almost 30 years […]