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Book Cover
E-book
Author Findlay, Mark, author

Title Australian criminal justice / Mark Findlay, Stephen Odgers, Stanley Yeo
Edition Fifth edition
Published South Melbourne, Victoria : Oxford University Press, [2014]

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Description 1 online resource (xxii, 416 pages .)
Contents Preface; Acknowledgements; An Introduction to Australian Criminal Justice; CHAPTER 1: CRIMINAL RESPONSIBILITY; INTRODUCTION; AIMS AND FUNCTIONS OF THE CRIMINAL LAW; Moral wrongness approach; Individual autonomy approach; Community welfare approach; Major functions; SOURCES, PRESCRIPTIONS AND INFLUENCES ON THE CRIMINAL LAW; Sources of criminal law; Prescription of criminal law; Categories of crime; Influences on the perimeters of criminal responsibility; ELEMENTS OF A CRIME; Conduct elements; Mental elements; Contemporaneity; Objective principles; Criminal defences
EXTENSIONS OF CRIMINAL RESPONSIBILITYComplicity; Attempt; Conspiracy; Corporate criminal responsibility; Criminal responsibility under international criminal law; CONCLUSION; CHAPTER 2: POLICE INVESTIGATION; INTRODUCTION; BALANCING PUBLIC INTERESTS; Other issues; SEARCH AND SEIZURE; A case study; Some conclusions; ARREST AND DETENTION; Alternatives to arrest; Arrest and criminal investigation; Period of detention; Safeguards over detention; INTERROGATION; Verbals; Compulsion; Legal assistance; The 'right to silence'; 'Examination'; INFORMERS; 'PRETEXT CONVERSATIONS'; EYEWITNESS IDENTIFICATION
CONCLUSIONCHAPTER 3: EXPANDING CRIME INVESTIGATION; INTRODUCTION; NEW METHODS, NEW AGENDAS?; 'OUT-SOURCING' CRIMINAL JUSTICE; AUSTRALIAN CRIME COMMISSION (ACC) (FORMERLY NATIONALCRIME AUTHORITY (NCA)); Functions and powers; Effectiveness of the NCA; End of the NCA; Role, powers and operations of the ACC; Governance of the ACC; INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC); Organisation; Corrupt conduct; Powers of the ICAC; Accountability of the ICAC; AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION (ASIC); Enforcement policy; Financial regulation
Relationship with the DPP-criminal versus civil remediesAUSTRALIAN SECURITY INTELLIGENCE ORGANISATION (ASIO); RAMIFICATIONS FOR INDIVIDUAL RIGHTS; CONCLUSION; CHAPTER 4: PRE-TRIAL; INTRODUCTION; DISCRETION; SIEVING THE SYSTEM; PRE-TRIAL POLICE DECISION-MAKING; Formal diversion and cautions; Decisions on arrest or summons; Policing apprehended violence orders; Charges and 'bargaining'; Police and bail; Pre-conviction court orders; Police and court delay; PRE-TRIAL OBLIGATIONS ON THE PROSECUTION AND DEFENCE-PRE-TRIAL HEARINGS; Prosecutor's obligations; Defence's obligations
PROSECUTOR'S PRE-TRIAL DECISION-MAKINGBail; Charge bargaining and plea bargaining; Prosecutors in committal hearings; Finding a bill, and deciding 'no bill'; Indictment; Suspension of prosecution; DEFENCE PRE-TRIAL DECISION-MAKING; Legal aid; Right to defence counsel on arrest; Advice on construction of defence; Defence at committal hearings; COMMITTAL HEARING; Purposes of committal; Reform? Committals-fairness or reducing court delay?; Reform? Pre-trial discovery and disclosure-fairness orcase management and efficiency?; ABUSE OF PROCESS IN PRE-TRIAL
Summary Australian Criminal Justice, fifth edition provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. The book guides readers step-by-step through the stages of a case - from investigation to sentencing and explores the social context of criminal justice in terms of the rights of the individual, community responsibilities, and international guarantees. Now in its fifth edition and 20 years since the first, Australian Criminal Justice remain
Notes Previous edition: 2009
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Criminal procedure -- Australia
Criminal justice, Administration of -- Australia.
Criminal justice, Administration of
Criminal procedure
Strafverfahrensrecht
Australia
Australien
Form Electronic book
Author Odgers, Stephen, author
Yeo, Stanley Meng Heong, author
ISBN 0195596978
9780195596977