Improving the communication of forensic science evidence to courts. Improving the communication of forensic science evidence to courts. The project aims to reduce the presentation of inaccurate and unscientific forensic science evidence to fact-finders by developing evidence-based recommendations for optimising accurate and effective communication between scientists and courts. The interdisciplinary approach, informed by law, cognitive and forensic science, aims to provide methods for expressing ....Improving the communication of forensic science evidence to courts. Improving the communication of forensic science evidence to courts. The project aims to reduce the presentation of inaccurate and unscientific forensic science evidence to fact-finders by developing evidence-based recommendations for optimising accurate and effective communication between scientists and courts. The interdisciplinary approach, informed by law, cognitive and forensic science, aims to provide methods for expressing opinions that meet stakeholder needs and can be implemented to improve the rectitude of criminal justice systems in Australia and around the world.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE140100183
Funder
Australian Research Council
Funding Amount
$393,161.00
Summary
Unravelling the Golden Thread: Presumption of innocence, fair trial, and lay belief change. It is not known how the presumption of innocence performs as a trial safeguard to protect the innocent accused. The aim of this project is to investigate lay formulations of the presumption and assess their impact on evidence interpretation and applications of the standard of proof. This project is significant because it will, for the very first time, provide robust empirical evidence regarding the extent ....Unravelling the Golden Thread: Presumption of innocence, fair trial, and lay belief change. It is not known how the presumption of innocence performs as a trial safeguard to protect the innocent accused. The aim of this project is to investigate lay formulations of the presumption and assess their impact on evidence interpretation and applications of the standard of proof. This project is significant because it will, for the very first time, provide robust empirical evidence regarding the extent to which the presumption is applied in a manner consistent with the fair trial values of adversarial criminal justice. The project will apply cognitive science methods and theories to the quantification of the presumption, providing necessary insights into the functioning of a vital safeguard against wrongful convictions.Read moreRead less
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulatio ....Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulation and high technology law enforcement with an eminent United States Partner Investigator in False Claims litigation. Reducing fraud and anti-competitive behaviour could be critical to survivability of the PBS and the benefits it brings particularly to an ageing population. Read moreRead less
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210100586
Funder
Australian Research Council
Funding Amount
$440,000.00
Summary
The Digital Criminal Justice Project: Vulnerability and the Digital Subject. Digital technologies are rapidly transforming the criminal justice system, with audio visual links replacing physical presence in courtrooms and direct human communication. But are these technologies delivering fair criminal justice? This project aims to examine the scope and impact of digital justice on vulnerable users. It expects to generate new knowledge on digital justice and vulnerability using comparative law, in ....The Digital Criminal Justice Project: Vulnerability and the Digital Subject. Digital technologies are rapidly transforming the criminal justice system, with audio visual links replacing physical presence in courtrooms and direct human communication. But are these technologies delivering fair criminal justice? This project aims to examine the scope and impact of digital justice on vulnerable users. It expects to generate new knowledge on digital justice and vulnerability using comparative law, interviews and observations across three countries. Expected outcomes include a model of digital vulnerability and strategies to address digital inequality. This should significantly benefit policy-makers, practitioners and public confidence in the justice system during this period of digital transformation.Read moreRead less
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Discovery Early Career Researcher Award - Grant ID: DE180100577
Funder
Australian Research Council
Funding Amount
$321,983.00
Summary
Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both prac ....Rethinking institutional culpability: criminal law, philosophy and horror. This project aims to reconceptualise institutional culpability, examining what systemic failure occurs when public enquiries that detail harms inflicted rarely result in criminal prosecutions or sanctions. It addresses the pressing need to provide practical insight into legislative responses (or the lack thereof) to corporate harms. This project is expected to have national and international benefits in terms of both practical law reform and theoretical constructions of culpability.Read moreRead less