Australian Criminal Justice

Introduction

1. Criminal Responsibility
Introduction
Aims and functions of the criminal law
Sources, prescriptions and influences on the criminal law
Elements of a crime
Extensions of criminal responsibility
Conclusion

2. Police Investigation
Introduction
Balancing public interests
Search and seizure
Arrest and detention
Interrogation
Informers
‘Pretext conversations’
Eyewitness identification
Conclusion

3. Expanding Crime Investigation
Introduction
New methods, new agendas?
Australian Crime Commission (ACC) (formerly National Crime Authority (NCA))
Independent Commission Against Corruption (ICAC)
Australian Securities and Investments Commission (ASIC)
Australian Security Intelligence Organisation (ASIO)
Ramification for individual rights
Conclusion

4. Pre-Trial
Introduction
Discretion
Sieving the system
Pre-trial police decision-making
Pre-trial obligations of the prosecution and defence—pre-trial hearings
Prosecutor’s pre-trial decision-making
Defence pre-trial decision-making
Committal hearing
Abuse of process in pre-trial
Conclusion

5. Trial
Introduction
The Higher Courts
The Lower Courts
Conclusion

6. Evidence
Introduction
Proof
Presenting evidence
Admission and use of evidence
Conclusion

7. Punishment and Penalty
Introduction
Crime and punishment
Principles of punishment
The demise of retribution?
Penalty
Correctional models of punishment
Punishment and welfare
Penal reform
Conclusion

8. Sentencing
Introduction
Sentencing aims
The sentencing hearing
Facts relevant to sentencing
Sentencing disparity and problems with quantum of punishment
Remedies for achieving just sentencing
Sentencing policy and public opinion
Mandatory sentences
Sentencing drug-dependent offenders
Conclusion

9. Appeals
Introduction
Appeal against conviction
Appeal against sentencing
Conclusion

10. And Justice for All?
Introduction
Juveniles
Aboriginal people
Women
Intellectually disabled people
Corporations
Discriminatory consequences of the criminal justice process
Victims of crime
Combating terrorism
Conclusion