Miscarriages of justice : criminal appeals and the rule of law in Australia

"This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or Australia's international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmania is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions."--LexisNexis Australia Website Full Title Dedication Copyright Foreword Preface Acknowledgments Table of Cases Table of Statutes Table of Contents PART I Introduction Chapter 1 Introduction and Overview Chapter 2 Institution of Law, Rule of Law and Human Rights PART II The Structure of Criminal Appeal Rights Chapter 3 Reopening Criminal Appeals in Australia Chapter 4 Post-appeal Petitions Chapter 5 Grounds of Appeal in Australian Criminal Cases Chapter 6 The Right to a Second or Subsequent Appeal Chapter 7 Fraud in Criminal Proceedings PART III Law and Case Studies Chapter 8 Investigations and Prosecutions Chapter 9 Expert Witnesses in Criminal Cases Chapter 10 The South Australian Cases PART IV Systemic Reponses to Miscarriages of Justice Chapter 11 Post-appeal and Post-exoneration Issues Chapter 12 Systemic Responses to Miscarriages of Justice Index Miscarriages of Justice: Criminal Appealsand the Rule of Law in Australia examinesthe problematic nature of criminalappeal rights in Australia