Contempt of court or contempt for the court?

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 […]

The court as spectacle

  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 […]

Swearing children: The nature of an oath

Research Brief 8   For the adversarial trial, the oath symbolizes the ascertainment of truth. Truth is emphasized in the witness swearing to tell the truth, the whole truth and nothing but the truth. Historically, the swearing of an oath by a witness at trial had a number of significant implications. Those who were foresworn […]