ipl-logo

Australia's Privilege Against Self-Discrimination In Criminal Conduct

577 Words3 Pages

Unompelling – Inquiries and Examinations of possibly criminal conduct
Australia still maintains a privilege against self-incrimination in criminal matters. Although this privilege can be abrogated in certain circumstances , the law holds this privilege as a paramount right of defendants. It specifically includes the right to not make a statement and/or to not give evidence on your own behalf.
That works fine for the defendant who has been arrested and charged on the complaint of someone else, but what about where the defendant has previously been investigated by a professional body or commission of inquiry and was compelled by law to disclose documents, answer questions; and is now arrested and charged for the same conduct that was the subject …show more content…

The unanswered question created by these two seeming contradictory outcomes is at what point does the ability to compel a person to answer potentially incriminating questions end? That is, can a person who is likely to be charged with a criminal offence avoid being questions by another body over the same subject matter, or is that right reserved only for a person who has been charged and is awaiting trial?
The answer, and ultimate reconciliation of the competing findings came this year in R v IBAC where the appellants were ‘persons of interest’ in a criminal investigation at the same time as the IBAC compelled them to give evidence about the same conduct that would be the subject of any criminal charges laid.
The majority of the Court decided that in order to defeat the power of compulsion afforded to a body such as the IBAC, the criminal justice system must be in action and that would require a charge to have been laid and a trial waiting to

Show More
Related

  • Summary: The Case Of Freemont Weeks V. United States

    1396 Words  | 6 Pages

    Where do we draw the line, boundaries has to be set and rules and regulations has to be followed because if not individuals who are guilty will be set free and not be held accountable for their actions.(Chief Justice: Edward White)

    Read More

  • How Did Sara Ryker Confess Voluntarily Under The Circumstances When Officers Questioned Her?

    1501 Words  | 7 Pages

    In Wakefield, the accused asserted that his confession was involuntary partially because the police officers conducting his interrogation had isolated him from outside help. Id. at 943. However, on the record of the interrogation, when the accused asked if he could use the phone to get in contact with his sister and his girlfriend’s mother, the police officers immediately suggested that they take a break from the interrogation so that he could do so. Id. at 944. The court determined that based on this interaction, the officers had not isolated the accused from the outside world.

    Read More

  • Essay On R V Loveridge

    851 Words  | 4 Pages

    To measure if justice was achieved, the case must be reviewed with the three main characteristics of justice, Was it fair? Was it equal? Did both parties have equal access? with further analysis of the back story, charges and both parties cases considered with the characteristics of Justice an educated decision can be made whether the case R v Loveridge [2013] NSWSC 1638, achieved Justice Kieran Loveridge was convicted by the courts for an unprovoked attack on 18- year old Thomas Kelly at Kings Cross and assaults on Rhyse Saliba, Aden Gazi, Marco Compagnoni and Matthew Serrao. Kieran Loveridge was also found as intoxicated through the process of the assaults although there is no legitimate proof on how much Kieran Loveridge consumed, but

    Read More

  • The Case Of Mr. Griffin V. Salt Lake County Jail

    951 Words  | 4 Pages

    Detective Strong told the plaintiff Mr. Griffin during the interview that if he doesn’t confess, he will put his back in the general jail where other inmates will “come down and smash [his] huts all over the floor.” This really did work for him to make the suspect confess, but it threatens the suspect and makes them confess for what they did not. It is a violation of rule of law to threaten the suspect in the order to get what we want out of them. Malloy V. Hogan, the Fifth Amendment protects a person against being convicted by his own forced testimonial communication.

    Read More

  • The Case Of Cameron Todd Willingham

    1763 Words  | 8 Pages

    The pursuit of justice has always been rooted in good will, to succeed those who have been wronged. Our system is set in place to protect the people, and acts as a model to prosecute the evil in society. Though, in the case of Cameron Todd Willingham, Willingham has faced the harsh reality that the system has failed him. In reality, there is no perfect system, as human incompetence and arrogance plague the road to justice. When the pieces appear to conveniently fall into place for an investigation, the narrow-minded are quick to call a verdict.

    Read More

  • Mr Knight Not Interrogated

    917 Words  | 4 Pages

    Knight was also not interrogated because, though Officer Davis’ questions related to the crime that Mr. Knight was later charged with, Officer Davis had no information to connect Mr. Knight to Ms. Stone’s murder at the time of the interaction. Just as the defendant in Andrews was not a suspect in any crime despite his suspicious behavior, Mr. Knight was not a suspect in any crime even though Officer Davis thought that “something seemed a bit off” with him. Thus, like the officers in Andrews, who did not know that the defendant had committed a crime and therefore could not know their questions would elicit an incriminating response, Officer Davis similarly did not know Mr. Knight was involved in Ms. Stone’s death and could not know her questions would elicit Mr. Knight’s incriminating statements. Since the Andrews court held that the defendant was not interrogated because his statements were not reasonably foreseeable since he was not a suspect in any crime, the fact that Mr. Knight was also not a suspect in any crime means that he was not interrogated his statements were not reasonably foreseeable. Rather, like the defendant in Andrews who seemingly volunteered information about his possession of child pornography—which officers had not asked about—out of guilt, Mr. Knight also seemed to volunteer his connection with Ms. Stone’s death out of guilt.

    Read More

  • Racial Profiling Case: The Lloyd Rayney Case

    852 Words  | 4 Pages

    On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.

    Read More

  • Customary Law: Aboriginal And Torres Strait Islander

    157 Words  | 1 Pages

    Although Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage. Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1] Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law.

    Read More

  • Pros And Cons Of Australia's Adversary System

    613 Words  | 3 Pages

    Australia, a common law country, uses the adversary system which relies on a two-sided structure of opponent sides each presenting their own position, with an impartial judge or jury hearing each side and determining the truth in the case This system aims to accomplish procedural fairness, while also balancing the right of the individual with the rights and interests of society as a whole. . The burden of proof id placed on the prosecution and must be proved beyond reasonable doubt. This essay will examine the advantages and disadvantages of the adversary system and whether the use of this system achieves just and fair outcomes. Throughout this argument, reference to the R v Gittany 2014 case will be made, emphasising how the adversary system

    Read More

  • Essay On Discrimination Towards Aboriginal Society

    611 Words  | 3 Pages

    The way that society sees you should not depend on the colour of your skin. Even today, in the 21st century, people in our society judge other human beings by their colour or race. One of the main racism issues is the discrimination towards our Indigenous people. National data from the Challenging Racism Project reveals that 27% of Aboriginal people over the age of 15 experience racism more than once in their life. Racism towards Indigenous Australians includes mostly verbal abuse such as name-calling and insulting language.

    Read More

  • Due Process Model And Crime Control Model In The Criminal Justice System

    909 Words  | 4 Pages

    The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.

    Read More

  • Jury Trial Should Be Abolished Essay

    1213 Words  | 5 Pages

    The Auld Report by Lord Justice (2001) suggests some cases should be without a jury. This is as Lord Justice views complex cases such as, fraud as too serious and difficult for juries to come to understand leading

    Read More

  • A Right To Self-Discrimination David Velleman Analysis

    2030 Words  | 9 Pages

    In his article ‘A Right to Self-Termination?’ David Velleman brings up the topic of the right to die and elaborates his view on the subject. Two broad principles are stated by Velleman and he goes on to reject the first principle and accept the second principle. The first principle is that “a person has the right to make his own life shorter in order to make it better… ”the second principle is that there is “a presumption in favor of deferring to a person's judgment on the subject of his own good.

    Read More

  • Racism In Australia Essay

    607 Words  | 3 Pages

    The term racism is when people from different cultures are treated differently based on their race. Racism is a disease with endless consequences . Over time it’s shocking that people think that others are different to them only because of their skin colour and culture. Racism has been and still is a prolific evil in the Australian society. Evidence of this includes The Stolen Generation, migrant treatment and social media.

    Read More

  • Leveson Inquiry In Public Life

    759 Words  | 4 Pages

    The inquiry was divided into four parts. In general, it addresses relationships the press has with public police and politicians and offers regulations to support integrity and freedom of the press while keeping the ethics of the press. The hearings took place in the Inquiry Room at the Royal Courts of Justice in London and were open to public.

    Read More

More about Australia's Privilege Against Self-Discrimination In Criminal Conduct

Open Document