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DNA Evidence, Wrongful Convictions and Wrongful Acquittals
NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE DNA Evidence, Wrongful Convictions and Wrongful Acquittals by Gareth Griffith and Lenny Roth Briefing Paper No 11/06 RELATED PUBLICATIONS • Double Jeopardy by Rowena Johns, NSW Parliamentary Library Briefing Paper No 16/2003 • DNA Testing and Criminal Justice by Gareth Griffith, NSW Parliamentary Library Briefing Paper No 5/2000 ISSN 1325-5142 ISBN 0 7313 1806 4 August 2006 © 2006 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent from the Librarian, New South Wales Parliamentary Library, other than by Members of the New South Wales Parliament in the course of their official duties. DNA Evidence, Wrongful Convictions and Wrongful Acquittals by Gareth Griffith and Lenny Roth NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE David Clune (MA, PhD, Dip Lib), Manager..............................................(02) 9230 2484 Gareth Griffith (BSc (Econ) (Hons), LLB (Hons), PhD), Senior Research Officer, Politics and Government / Law .........................(02) 9230 2356 Talina Drabsch (BA, LLB (Hons)), Research Officer, Law ......................(02) 9230 2768 Lenny Roth (BCom, LLB), Research Officer, Law ...................................(02) 9230 3085 Stewart Smith (BSc (Hons), MELGL), Research Officer, Environment ...(02) 9230 2798 John Wilkinson (MA, PhD), Research Officer, Economics.......................(02) 9230 2006 Should Members or their staff require further information about this publication please contact the author. Information about Research Publications can be found on the Internet at: www.parliament.nsw.gov.au/WEB_FEED/PHWebContent.nsf/PHPages/LibraryPublications Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. -
Press Freedom Under Attack
LEVESON’S ILLIBERAL LEGACY AUTHORS HELEN ANTHONY MIKE HARRIS BREAKING SASHY NATHAN PADRAIG REIDY NEWS FOREWORD BY PROFESSOR TIM LUCKHURST PRESS FREEDOM UNDER ATTACK , LEVESON S ILLIBERAL LEGACY FOREWORD EXECUTIVE SUMMARY 1. WHY IS THE FREE PRESS IMPORTANT? 2. THE LEVESON INQUIRY, REPORT AND RECOMMENDATIONS 2.1 A background to Leveson: previous inquiries and press complaints bodies 2.2 The Leveson Inquiry’s Limits • Skewed analysis • Participatory blind spots 2.3 Arbitration 2.4 Exemplary Damages 2.5 Police whistleblowers and press contact 2.6 Data Protection 2.7 Online Press 2.8 Public Interest 3. THE LEGISLATIVE FRAMEWORK – A LEGAL ANALYSIS 3.1 A rushed and unconstitutional regime 3.2 The use of statute to regulate the press 3.3 The Royal Charter and the Enterprise and Regulatory Reform Act 2013 • The use of a Royal Charter • Reporting to Parliament • Arbitration • Apologies • Fines 3.4 The Crime and Courts Act 2013 • Freedom of expression • ‘Provided for by law’ • ‘Outrageous’ • ‘Relevant publisher’ • Exemplary damages and proportionality • Punitive costs and the chilling effect • Right to a fair trial • Right to not be discriminated against 3.5 The Press Recognition Panel 4. THE WIDER IMPACT 4.1 Self-regulation: the international norm 4.2 International response 4.3 The international impact on press freedom 5. RECOMMENDATIONS 6. CONCLUSION 3 , LEVESON S ILLIBERAL LEGACY 4 , LEVESON S ILLIBERAL LEGACY FOREWORD BY TIM LUCKHURST PRESS FREEDOM: RESTORING BRITAIN’S REPUTATION n January 2014 I felt honour bound to participate in a meeting, the very ‘Our liberty cannot existence of which left me saddened be guarded but by the and ashamed. -
R128 New Media
Contents Acknowledgements ..................................................................................................... vivi SummarySummary ...................................................................................................................... 33 The purpose of our review ..................................................................................... 3 Key conclusions ...................................................................................................... 8 Summary of recommendations ............................................................................ 10 Implementation ..................................................................................................... 13 Recommendations ................................................................................................ 15 Chapter 1Chapter 1 Introduction .............................................................................................. 2222 The purpose of our review ................................................................................... 22 The New Zealand context .................................................................................... 30 Our approach ........................................................................................................ 35 Chapter 2Chapter 2 The News Media’s rights and responsibilities ........................................ 3838 Introduction .......................................................................................................... 38 News -
The Barrie Guide to the Law of Evidence 2020
The Barrie Guide to the Law of Evidence 2020 Barrie Goldstone Head of the School of Law London Metropolitan University 0 THE LAW OF EVIDENCE CONTENTS A GENERAL INTRODUCTION 1 INTRODUCTION TO EVIDENCE B TYPES OF EVIDENCE 2 TYPES OF EVIDENCE C THE THREE PILLARS OF EVIDENCE 3 RELEVANCE, ADMISSIBILITY AND WEIGHT D BURDENS OF PROOF 4 THE LEGAL BURDEN OF PROOF 5 THE EVIDENTIAL BURDEN OF PROOF 6 THE REVERSE BURDEN OF PROOF 7 REVERSING THE EVIDENTIAL BURDEN E THE STANDARDS OF PROOF 8 BEYOND ALL REASONABLE DOUBT 9 THE BALANCE OF PROBABILITIES F CONFESSION EVIDENCE 10 INTRODUCTION TO CONFESSIONS 11 THE DEFINITION OF A CONFESSION 12 CONFESSIONS OBTAINED BY OPPRESSION 13 UNRELIABLE CONFESSIONS 14 UNFAIR CONFESSIONS 15 THE COMMON LAW TEST G ACCESS TO LEGAL ADVICE 16 CODE C, PACE s.58 AND ARTICLE 6 17 FRUIT OF THE POISONED TREE 1 H CHARACTER EVIDENCE 18 EVIDENCE OF BAD CHARACTER: Introduction and History 19 EVIDENCE OF BAD CHARACTER: CJA 2003 Definitions 20 EVIDENCE OF BAD CHARACTER: CJA 2003 Gateways 21 THE EXCLUSIONARY DISCRETION 22 THE CHILD DEFENDANT I SILENCE 23 SILENCE AS A CONFESSION 24 THE RIGHT TO REMAIN SILENT: Introduction 25 THE RIGHT TO REMAIN SILENT WHEN INTERVIEWED 26 THE OPERATION OF SECTION 34 27 FOLLOWING LEGAL ADVICE TO REMAIN SILENT J THE RULE AGAINST HEARSAY 28 INTRODUCTION TO HEARSAY 29 HEARSAY: POLICY AND PRACTICE 30 WHAT IS HEARSAY EVIDENCE? 31 THE RULE AGAINST HEARSAY EVIDENCE 32 THE STATUTORY DEFINITION OF HEARSAY EVIDENCE 33 STATUTORY CATEGORIES OF ADMISSIBILITY 34 CASES WHERE THE WITNESS IS UNAVAILABLE 35 CASES INVOLVING -
Blundering Justice: the Schiedam Park Murder. In: R.N
P.J. van Koppen (2008). Blundering justice: The Schiedam Park Murder. In: R.N. Kocsis (red.), Serial murder and the psychology of violent crimes (pp. 207- 228). Totowa, NJ: Humana. AND THE PSYCHOLOGY Edited by Richard N. Kocsis, P~D Forensic Psychologist Eclitor Richard N. ICocsis, PhD Forensic Psychologist in Private Practice Sydney, Australia ISBN: 978- 1-58829-685-6 e-ISBN: 978- 1-59745-578-7 Library of Congress Control Number: 2007933 143 02008 Hun~anaPress. a part of Springer SciencetBusiness Media, LLC All rights reserved. This work Inay not be translated or copied in whole or in part without the written permission of the publisher (Hunlann Press, 999 Riverview Drive. Suite 208, Totowa, NJ 07512 USA), except for brief excerpts in connection with reviews or scholarly analysis. Use in connection with any form of information storage and retrieval. electronic adaptation, computer software. or by similar or dissimilar methodology now known or hereafter developed is forbidden. The use in this publication of trade names. trade~narlis,service rnarlts, and similar terms, even if they are not identified as such, is not to be talten as an expression of opinion as to whether or not they are subject to proprietary rights. Printed on acid-free paper Chapter 12 Blundering Justice The Stchiedam Park Murder Peter J. van Koyyerz Abstract The murder of a young girl ill 2000 in a park in the Dutch town Schieda~nand the attenlpted ~llurderof Iler friend res~~ltedin a miscarriage of justice that shool; Dutch society. After a description of the case, an attempt is made to analyze the factors that ca~~setlthis miscarriage of ice and other dubio~tsconvictions in The Netherlands. -
Elizabeth's Britain
issue | june 195 2012 www.prospect-magazine.co.uk june 2012 | £4.50 $6.99 €6.90 60 years of 60 years of progress? progress? Elizabeth’s Britain Hacking scandal: it will spread 9 A$10.95 A$10.95 ISSN 1359-5024 ISSN Will Self: seduced by advertising 771359 NZ$12.50 US$6.99 US$6.99 NZ$12.50 Eliot Spitzer: back from disgrace 502057 € Stephanie Flanders: the Occupy verdict Can$7.99 6.90 Richard Dawkins: betraying Darwin 06 Foreword Britain’s brand of freedom 2 Bloomsbury place, London wc1a 2qa Publishing 020 7255 1281 Editorial 020 7255 1344 Fax 020 7255 1279 Email [email protected] [email protected] Website www.prospect-magazine.co.uk Editorial Editor and chief executive Bronwen Maddox Editor at large David Goodhart Deputy editor james elwes In the 60 years since princess elizabeth acceded to the throne, Politics editor james Macintyre Books editor David Wolf Britain has become a better place to live. More people think Creative director David Killen Production editor ollie cussen that than think the opposite (see YouGov’s extensive survey for Web intern Annalies Winny Editorial assistant tina nandha Prospect, p38); those under 40, and in London and the south, Publishing are markedly more cheerful. those who demur might read, in President & co-founder Derek coombs Publisher David Hanger simon jenkins’s panorama (p30), his reminder of past Circulation marketing director jamie Wren attitudes to women, children and gay rights and to actions now Digital marketing: tim De La salle Advertising sales director defined as crime. -
Court of Appeal Judgment Template
Neutral Citation Number: [2016] EWCA Crim 52 Case No: 2014/00911/B5 2015/01146/B5 IN THE COURT OF APPEAL (CRIMINAL DIVISION) ON APPEAL FROM Cardiff Crown Court Mr Justice Rose Royal Courts of Justice Strand, London, WC2A 2LL Date: 08/03/2016 Before : LADY JUSTICE HALLETT DBE VICE PRESIDENT TO THE COURT OF APPEAL (CRIME) MR JUSTICE NICOL and MR JUSTICE COULSON Between: ALAN CHARLTON AND IDRIS ALI Appellant - and - REGINA Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Louise Blackwell QC and Mr Craig MacGregor for the Appellant Charlton Mr William Hughes QC and Mr Heath Edwards for the Appellant Ali Mr Richard Whittam QC and Ms Louise Oakley (instructed by the Crown Prosecution Service) for the Respondent. Hearing dates: 8th, 9th and 10th February 2016 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Judgment Approved by the court for handing down. Double-click to enter the short title Lady Justice Hallett, Vice-President of the Court of Appeal Criminal Division: This is a judgment to which each member of the court has contributed. Background 1. On 26 February 1991 in the Cardiff Crown Court, the appellants were convicted of the murder of Karen Price. On the same date the trial judge, Rose J., (as he then was) sentenced Charlton to imprisonment for life with a minimum tariff of 15 years and ordered Ali to be detained at Her Majesty’s Pleasure. They both appealed. On 11 November 1994 this court dismissed Charlton’s appeal but allowed Ali’s appeal and quashed his conviction. A retrial was ordered. 2. On the 21 December 1994 Ali pleaded guilty to the manslaughter of Karen Price. -
Swpfights for Ballot Stop U.S
• AUSTRALIA$2.00 • BELGIUM BF60 • CANADA$2.00 • FRANCE FF10 • ICELAND Kr150 • NEW ZEALAND $2.50 • SWEDEN Kr10 • UK £1 .00 • U.S. $1.50 INSIDE Fighter against cop brutality framed up in Canada THE -PAGE4 A SOCIALIST NEWSWEEKLY PUBLISHED IN THE INTERESTS OF WORKING PEOPLE VOL. 56/NO. 24 JUNE 19, 1992 SWPfights for ballot Stop U.S. moves to war access in 25 in Haiti and Yugoslavia states BY FRANK FORREST AL BY FRANK FORREST AL "My campaign is completely opposed to From now until the November elections, Washington's plans to use its military might supporters of the L992 Socialist Workers in Haiti under the guise of an international Party presidential ticket of James Warren peacekeeping force," said Socialist Workers ..,. •l presidential candidate James Warren in an ! and Estelle DeBates will be campaigning .~ across the country to present the socialist interview in New York. 'The announcement alternative to the increasingly reactionary June 5 by administration officials that they course of the twin parties of big business are planning such action should be a warn the Democrats and the Republicans. The ing signal to step up our efforts to organize ticket is also campaigning against the so meetings, pickets, and demonstrations to called "independent" billionaire H. Ross demand: No to U.S. Intervention! Open the Perot. Borders to Haitian Refugees!" The SWP campaign is the only socialist Warren said Haiti's president in exile. voice in the 1992 elections and the only Jean-Bertrand Aristide, who was over election campaign giving working-class an thrown in a bloody military coup in Septem swers to the real questions underl ying cap ber 1991, should be allowed to return to his italist politics today. -
For Distribution to Cps MOD300000712
For Distribution to CPs A Boulton First 25 April 2012 Exhibits TABBl-7 m THE LEVESON INQUIRY INTO THE CULTURE. PRACTICES AND ETHTrS OF THE PRESS EXHIBIT TABB5 This is the exhibit TABB5 referred to in the first witness statement of Thomas Adam Babington Bolton dated 25 April 2012. MOD300000712 For Distribution to CPs Greenwich University Law Faculty 2/*^ March 2012 The UK Media & The Law in 2012 Public Lecture bv Adam Boulton INTRODUCTION I am not a law yer: I am a journalist still working in this country, and what's more one who has worked for twenty three years for an organisation. Sky News, which is ultimately managed by Rupert Murdoch and his News Corporation. I have interviewed Presidents, Prime Ministers and Nobel prize winners but I've also interviewed Katie Price when she was still known as Jordan and Nancy Dell'Olio, Eric Cantona only yesterday. I've asked Cabinet ministers when they are going to resign and I've persuaded the freshly bereaved and terrorised to go on television. Up market / down market I'm proud of serving both ends, all ends, of the news market, since I believe this spectrum contributes to my audience's greater understanding of the world we live in. I'm from the private not the public sector of journalism but I have no quarrel with Lord Reith's mission statement for the BBC; "to educate, inform and entertain." MOD300000713 For Distribution to CPs At the moment the issues which have raised greatest concern about the behaviour of the media , concern only one medium - newspapers - and predominantly only one media group - News International. -
Leveraging Semantic Annotations for Event-Focused Search & Summarization
Leveraging Semantic Annotations for Event-focused Search & Summarization Dissertation submitted towards the degree Doctor Engineering (Dr.-Ing) of the Faculty of Mathematics and Computer Science of Saarland University by Arunav Mishra Saarbrücken September 2017 Day of Colloquium 12 / 03/ 2018 Dean of the Faculty Univ.-Prof. Dr. Frank-Olaf Schreyer Examination Board Chair of the Committee Univ.-Prof. Dr. Dietrich Klakow First reviewer Prof. Dr. Klaus Berberich Second reviewer Prof. Dr. Gerhard Weikum Third reviewer Prof. Dr. Claudia Hauff Academic Assistant Dr. Rishiraj Saha Roy "Intelligence is not the ability to store information, but to know where to find it." -Albert Einstein Dedicate to my wonderful teachers and loving family . Acknowledgements I would like to express my deepest gratitude to Klaus Berberich for giving me an oppor- tunity to work under his guidance. This work is made possible with his unconditional support, expert scientific advice, and futuristic vision. However, the encouraging aspect of working under him was the exceptional freedom he granted to pursue challenging problems from various fields of information science (retrieval, summarization, and spatiotemporal text mining). In addition, our common interest in music that often triggered very interesting conversations made work even more enjoyable. I am extremely thankful to Gerhard Weikum for supporting me throughout my Master’sand Ph.D studies. His high standards of conducting research constantly inspired and trained me to become a better researcher. I also thank the additional reviewers and examiners, Dietrich Klakow and Claudia Hauff for providing valuable feedback for further improvements of this work. I acknowledge that this work would have not been possible without the influence, teachings, and guidance of several people. -
Unauthorised Tapping Into Or Hacking of Mobile Communications: Follow Up
House of Commons Home Affairs Committee Unauthorised tapping into or hacking of mobile communications: follow up Oral and written evidence 4 September 2012 Deputy Assistant Commissioner Sue Akers QPM Ordered by The House of Commons to be printed 4 September 2012 HC 562-i Published on 7 November 2012 by authority of the House of Commons London: The Stationery Office Limited £4.00 The Home Affairs Committee The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Home Office and its associated public bodies. Current membership Rt Hon Keith Vaz MP (Labour, Leicester East) (Chair) Nicola Blackwood MP (Conservative, Oxford West and Abingdon) James Clappison MP (Conservative, Hertsmere) Michael Ellis MP (Conservative, Northampton North) Lorraine Fullbrook MP (Conservative, South Ribble) Dr Julian Huppert MP (Liberal Democrat, Cambridge) Steve McCabe MP (Labour, Birmingham Selly Oak) Rt Hon Alun Michael MP (Labour & Co-operative, Cardiff South and Penarth) Bridget Phillipson MP (Labour, Houghton and Sunderland South) Mark Reckless MP (Conservative, Rochester and Strood) Mr David Winnick MP (Labour, Walsall North) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/homeaffairscom. Committee staff The current staff of the Committee are Tom Healey (Clerk), Dr Richard Benwell (Second Clerk), Ruth Davis (Committee Specialist), Eleanor Scarnell (Committee Specialist), Andy Boyd (Senior Committee Assistant), Michelle Garratty (Committee Assistant). -
Consultation on the Leveson Inquiry and Its Implementation
CONSULTATION ON THE LEVESON INQUIRY AND ITS IMPLEMENTATION SECTION 40 OF THE CRIME AND COURTS ACT 2013 AND PART 2 OF THE LEVESON INQUIRY Launch date: 1 November 2016 Respond by: 10 January 2017 1 Contents Foreword………………………………………..……………………………............3 Chapter 1. Introduction……………………………….………..……………………4 Chapter 2. About this consultation…………………………………………….......6 Chapter 3.The Leveson Inquiry: background and action to date ………………8 Chapter 4. Incentives to join a recognised regulator – Section 40 ..………….13 Chapter 5. Part 2 of the Leveson Inquiry......…………………………………….18 Annex A - Terms of Reference for the Leveson Inquiry Annex B - Section 40 of the Crime and Courts Act 2013 Annex C - Further information about this consultation 2 Foreword from the Culture Secretary and Home Secretary A free press is an essential component of a fully functioning democracy. It should tell the truth without fear or favour and hold the powerful to account. Yet the press has a significant power itself, which it must use responsibly. We know that some parts of the press have abused their position in the past - and ignored not only their own Code of Practice but the law. Police officers and public officials have been found guilty of serious offences. We therefore owed it to the victims of the past to make sure that what happened before cannot happen again. The Leveson Inquiry was therefore established in July 2011 by the Coalition Government, to look into the role of the press and the police in phone hacking and other illegal practices in the British press. The first part of the Inquiry heard evidence from more than 300 people, including some of those who had been affected by the most egregious behaviour.