Table of Contents

Introduction 1. Criminal Responsibility IntroductionAims and functions of the criminal lawSources, prescriptions and influences on the criminal lawElements of a crimeExtensions of criminal responsibilityConclusion2. Police Investigation IntroductionBalancing public interestsSearch and seizureArrest and detentionInterrogationInformers‘Pretext conversations’Eyewitness identificationConclusion3. Expanding Crime Investigation IntroductionNew 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 rightsConclusion4. Pre-Trial IntroductionDiscretionSieving the systemPre-trial police decision-makingPre-trial obligations of the prosecution and defence—pre-trial hearingsProsecutor’s pre-trial decision-makingDefence pre-trial decision-makingCommittal hearingAbuse of process in pre-trialConclusion5. Trial IntroductionThe Higher CourtsThe Lower CourtsConclusion6. Evidence IntroductionProofPresenting evidenceAdmission and use of evidenceConclusion7. Punishment and Penalty IntroductionCrime and punishmentPrinciples of punishmentThe demise of retribution?PenaltyCorrectional models of punishmentPunishment and welfarePenal reformConclusion8. Sentencing IntroductionSentencing aimsThe sentencing hearingFacts relevant to sentencingSentencing disparity and problems with quantum of punishmentRemedies for achieving just sentencingSentencing policy and public opinionMandatory sentencesSentencing drug-dependent offendersConclusion9. Appeals IntroductionAppeal against convictionAppeal against sentencingConclusion10. And Justice for All?IntroductionJuvenilesAboriginal peopleWomenIntellectually disabled peopleCorporationsDiscriminatory consequences of the criminal justice processVictims of crimeCombating terrorismConclusion

About the Author

Mark Findlay - Professor of Criminal Justice and Director of the Institute of Criminology, University of Sydney and Professor of law, Singapore Management University Stephen Odgers - Senior Counsel and Chair of the Criminal Law Committee, NSW Bar Association Stanley Yeo - Professor in the Faculty of Law, National University of Singapore and Adjunct Professor, Southern Cross University