Criminal Law & Lawyers

Are you in trouble with the law? If so, a professional specialist criminal lawyer will provide you with the highest quality representation in all sorts of criminal matters and criminal proceedings.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Specialist Criminal Lawyers generally cover matters involving the following:

• Serious drink driving, DUI and PCA offences
• major road traffic offences and traffic charges
• Public Order Offences
• Murder, Manslaughter
• Common Assualts
• Assualts involving Grevious Bodily Harm (GBH), Actual Bodily Harm (ABH) and other Assaults
• Drugs offences including Possession with Intent to Supply drugs / Drug Importation / Drug Production
• Fraud offences and ID fraud
• Robbery / Armed Robbery
• Blackmail / Extortion / Threats to Kill and related offences
• Theft from Employer
• Benefit Fraud
• Organised Crime / Conspiracy
• Proceeds of Crime
• Political / High Profile
• Terrorism
• Money Laundering
• Sexual Offences
• Bail Applications
• Youth offences
• Representation of Professionals and People with no Previous Convictions
• Representation of People with previous convictions and criminal record
• Criminal Appeals against Conviction or Sentence
• Police Station Interviews
• Cyber crime and computer crime

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Specialist Criminal lawyers also provide representation with respect to the following 'serious criminal offence, some of which have already been mentioned above:

• Murder or attempted murder
• Indecent Assault
• Use of firearms
• offences against children
• Rape and other sexual assult type matters
• Wounding/gbh with intent
• Wounding/gbh without intent
• False imprisonment
• Arson and criminal damage endangering life
• Robbery, larceny and other matters relating to theft
• Aggravated burglary
• Two or more offences of burglary
• Dealing, being concerned in the supply, or intending to supply any controlled drug
• Serious motor vehicle crimes
• Aggravated vehicle taking
• Breach of good behaviour Bond

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Some basic general information regarding criminal law (for information purposes only):

Criminal Law is law which involves the state (The Crown) bringing a prosecution against an individual. Only crimes (or offences) which already exist in law can be used to prosecute people. These are laid down by Parliamentary Law (statutes like the Crimes Act 1900, or by previous decided case history in the courts (common law).

Innocent until proven Guilty?


To convict someone of an offence, the Prosecution has to show the court that the person has committed the offence to a level of certainty which is very high. The phrase that judges use is "you must be satisfied so that you are sure". Verdicts along the lines of "he probably did it," or "if she didn't do it, who else did?", are not usually enough for a conviction. The prosecution must show beyond reasonable doubt that the offence occurred and was done by the accused person (or the defendant). In the eyes of the Criminal Courts, not sure is not guilty.

Juries and Judges


In the criminal courts, there are generally two levels of court. The first level is the Magistrates Court. This court deals with less serious types of offence, such as most motoring offences and drink driving, or low value thefts and less serious assaults. However, this court can still impose prison sentences.

In the District Court, a jury of 12 memebers will be first told that they have to find the defendant guilty or not guilty by unanimous vote. If no verdict can be reached, a re-trial may be ordered.

What the Prosecution must prove:


The prosecution must prove two things: that the accused did it, and did it on purpose.

Defences


Just because someone is guilty of committing an illegal act, and of meaning it/knowing it was wrong, that doesn't definitely mean that they are guilty of the offence. They might have a defence, or a good reason why they should not be convicted.

If someone committed an offence while, for example, protecting themselves or their family, then that could be a defence which would help them avoid being found guilty.

Self Defence / Defence of Someone Else / Defence of Property and other defences

If someone commits an offence of violence (such as assault) to prevent getting injured, to prevent someone else getting injured, or to protect his or her property, then that can sometimes mean they are entitled to a defence. The force used must be necessary, and reasonable. That means there must be no other obvious course of action to avoid the injury or damage (such as moving away top avoid the situation), and the level of force used must be proportionate to the threat - the fact that the defendant thought the action was reasonable is not enough to suggest that it was. However, the jury have to accept the facts as the defendant honestly believed them to be at the time, even if he or she was mistaken. So if the jury believe that a defendant honestly thought that his attacker had a knife and so attacked him, the jury have to take that belief into account. Then they can consider whether his reaction, for example stabbing the attacker first, was reasonable by their standard.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Mental Defences

There are other defences which relate to the mental state of the person who is accused. They include:

Automatism

This is a defence when the act has been done unconsciously and involuntarily, “done by the muscles without any control by the mind”. There must be a total loss of control of the body and it cannot be self-induced, so alcohol related blackouts don’t count.

Diminished Responsibility

This is a partial defence to murder only. It can reduce murder to manslaughter. Generally speaking, the defendant must prove that he was suffering from an abnormality of mind caused by something inherent and which substantially impaired the defendant’s responsibility for the killing. It does not have to be the only cause provided it still substantially impaired the mental responsibility of the defendant.

Provocation

This is another partial defence to murder, but is not a defence to any other offences. There are two stages to the test for provocation: The first is that the defendant must have been provoked and lost his self control. This depends on the evidence and what the jury decides. The second stage is to decide whether the provocation was enough to make a reasonable man react in that way.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Each state and territory has its own criminal laws, as follows:

New South Wales

Criminal offences under New South Wales law are based on the common law and some statutory provisions in the Crimes Act 1900 (NSW).

Victoria

Most crimes in Victorian jurisdiction are codified in the Crimes Act 1958 (Vic.). There are also a number of common law provisions for criminal conduct within Victoria.

Queensland

The Criminal Code Act 1899 (Qld) is the primary instrument for the source of criminal law in Queensland. The Criminal Code Act was largely the product of Sir Samuel Walker Griffith, then Chief Justice of the Supreme Court of Queensland (and formerly Premier).

South Australia

Most crimes in South Australia are codified in the Criminal Law Consolidation Act 1935 (SA). There are also a number of common law provisions for criminal conduct in South Australia.

Tasmania

Tasmania's serious criminal offences, like those in Queensland and Western Australia, are set in a single piece of legislation, the Criminal Code Act 1924. This includes serious offences against the person (murder, manslaughter, death by dangerous driving, wounding, rape, sexual assault), against property (computer crimes, stealing, burglary, robbery and the like) and against society (bribery of public officials, treason, etc.).

Like the Queensland and Western Australian legislation, the mental element (or mens rea) is located under section 13 of the Code, requiring that an act or omission be "voluntary and intentional" for a crime to have occurred. The intent of this is to rule out circumstances where a person is not in control of their own actions - for instance, automatism, insanity, and for some offences, intoxication.

There are numerous other laws where criminal offences may be found. These include the Firearms Act (offences relating to ownership or use of firearms or ammunition), the Police Offences Act (less serious criminal acts and breaches of the peace), the Road Safety (Alcohol and Drugs) Act for drink driving, amongst many others.

Western Australia

Western Australia has an almost exhaustive codification of criminal law in a Criminal Code substantially based on the Queensland one.

Northern Territory

The Northern Territory has also an almost exhaustive codification of criminal Law in a similar Criminal Code to that of Queensland and Western Australia. In fact, the drafting of the NT Criminal Code Act 1983, reflected aspects of both the QLD and WA Criminal Codes.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Further Resources - Criminal Law & Lawyers

Additional Information - Criminal Law & Lawyers

Criminal Law & Lawyers News

News, updates and further information - Criminal Law and Criminal lLwyers

Common Law and Code Jurisdictions

Australian criminal law was originally received from the English common law, which continued to evolve in Australian courts. Although all states also have some legislation on the criminal law, in some states criminal law has been codified whereas in other the bulk of the law is based on the common law. These may be referred to as ‘common law jurisdictions’ and ‘code jurisdictions’.

New South Wales, South Australia and Victoria are common law jurisdictions. These States have Crimes Acts which list the most common offences and fix their penalties, but do not always exhaustively define the elements of the offence e.g. Crimes Act 1900 (NSW). It is settled law in the common law jurisdictions that only Parliaments, not the courts, can create new offences.

The “code jurisdictions” are the Commonwealth, the Australian Capital Territory, the Northern Territory, Queensland, Tasmania, and Western Australia. In these jurisdictions a statutory code has been introduced to be a comprehensive statement of criminal law, and are interpreted to replace the common law except in cases of ambiguity. Codification in some cases involved a simple enactment of the common law into a statutory instrument. In other cases the changes were greater as the code was based on legislative instruments from other jurisdictions.

Legislation (including the criminal codes) is further refined by the method of judicial precedent and interpretation.

In addition to explicitly titled criminal code legislation there exists in most jurisdictions a further body of legislative or case precedent, the breach of whose conditions may result in criminal proceedings. e.g. Summary Offences Act 1966 (Vic)

Law enforcement and police

The police in Australia are responsible for keeping peace and order in the community and bringing before the court people they believe have broken the law. Although police officers may arrest people and give evidence in court, they do not decide whether or not people are guilty of crimes. This is the responsibility of the courts.

Australia has a national police force—the Australian Federal Police—that investigates offences against federal laws, including drug trafficking, illegal immigration, crimes against national security and crimes against the environment.

All states of Australia and the Northern Territory have their own police forces that deal with crimes under state or territory laws. Policing in the Australian Capital Territory is handled by the Australian Federal Police.

Australian Crime Commission

The Australian Crime Commission was established in January 2003 (replacing the National Crime Authority) as an independent statutory body to work nationally with federal, state and territory agencies, principally to counter serious and organised crime. It brings together all arms of Australian intelligence gathering and law enforcement to coordinate the fight against major crime.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

History / Chronology of Criminal Law

Introduction

This chronology aims to document the important milestones in Commonwealth criminal law.

Constitutionally the Commonwealth Parliament has no general power to legislate in relation to crime. State and Territory governments are mandated by their Constitutions to legislate for the peace, order and good government of their jurisdictions. They have a general power to maintain public order and to protect individuals who reside within their State and their property.

The constitutional basis for the Crimes Act 1914, the Criminal Code Act 1995 and offence provisions in other Commonwealth legislation is found in the express incidental power in section 51 (xxxix) of the Constitution or in the implied incidental powers contained in the heads of power in sections 51 and 52 and in the executive power in section 61. The majority of Commonwealth criminal offences and penalties are to be found in various Commonwealth statutes dealing with widely differing subjects, eg customs and excise, taxation, insurance, social security, broadcasting and the Internet.

The Commonwealth’s powers to legislate have been greatly expanded through the external affairs power (section 51 (xxix)). The Tasmanian Dams case in the High Court confirmed that the Commonwealth is able to enact legislation to fulfil obligations incurred through its ratification of treaties covering areas otherwise outside its constitutional capacity
Another area of Commonwealth expansion into the area of criminal law has been the few occasions where the States have considered that a national law is preferable to a set of State laws and have referred their constitutional powers to legislate to the Commonwealth. This has happened, for example, in the areas of corporations regulation (2001) and anti-terrorism legislation (2002).

Commonwealth criminal legislation, therefore, began mainly covering offences against the Commonwealth and its institutions, or against Commonwealth officers, property or revenue. It has expanded, through the reasons mentioned above, to cover other areas of national concern.

This introduction is based on Report of the Review of Commonwealth Law Enforcement Arrangements, AGPS, Canberra, 1994, p. 10-11.

Milestones Details Source Documents

1899 1899 Queensland passes first Criminal Code, developed by Sir Samuel Griffith, which incorporates common law and statutory offences into one piece of legislation. Similar Codes were enacted in Western Australia in 1902, in Tasmania in 1922 and in the Northern Territory in 1983. Unsuccessful attempts to introduce a Criminal Code were made in South Australia in 1901-02 and in Victoria in 1904-12. The Commonwealth and the ACT passed Criminal Code Acts in 1995 and 2002 respectively based on the work of the Model Criminal Code Officers' Committee Criminal Code Act 1899 (Qld)Historical background to the Code (OzCase)
1901 January 1. Commonwealth Constitution comes into force. Criminal law matters were generally left to the States except for matters coming under Commonwealth jurisdiction Commonwealth of Australia Constitution Act 1900
1901 First Commonwealth criminal offences created in the Audit Act, dealing with public service fraud, forgery and perjury. Comes into force on 1 January 1902 Audit Act 1901
1903 First treason trial after 1900 involving an Australian. Colonel Arthur Lynch, an Australian, was found guilty by a UK court of fighting with the Boers in the South African War. Other treason trials were held in 1945. Australian Dictionary of Biography
1905 As a result of a scandal in the dairy industry the first corruption offences were introduced Secret Commissions Act 1905
1906 January 1. First prohibition of a recreational drug made, by proclamation under the Customs Act 1901, when importing opium was prohibited except for medicinal purposes Commonwealth of Australia Gazette, no. 64, 30 December 1905, p. 1003
1907 First drug case heard by the High Court deals with importation of opium Irving v Nashimura [1907] HCA 50 ; (1907) 5 CLR 233
1910 Drug offences greatly expanded by addition of section 233B to the Customs Act 1901 which makes importation or possession of illegally imported substances a Commonwealth offence Customs Act 1910 s. 11
1914

1914 September
Commonwealth Crimes Act passed containing the most serious offences against the Commonwealth (eg treason) which carried the death penalty or committed by Commonwealth officers (eg divulging official secrets). It has been gradually superseded by the Criminal Code Act 1995.

Customs Proclamation dated 7 September 1914 prohibiting the importation of non-medicinal opium
Crimes Act 1914

 

Commonwealth of Australia
Gazette, no. 71, 12/9/1914



1917 Legislation passed to establish a Commonwealth Police Force. Prime Minister Billy Hughes was disappointed at the lack of action by Queensland police when an egg was thrown at him. The Force was established by an order published in the Commonwealth Gazette No. 215 12 December 1917, pp 3341-3342. It was abolished in 1919 and its functions taken over by the Investigation Branch of the Attorney-General’s Dept War Precautions Regulations 1916, Reg 64D, inserted by Statutory Rule no 317, 1917, made 27 November 1917
1920 Sedition made a Commonwealth offence, by inserting s. 24A-24F into the Crimes Act 1914 War Precautions Act Repeal Act 1920
1924 Customs Proclamation dated 18 April 1924 prohibiting the export of non-medicinal opium Commonwealth of Australia Gazette, no. 26, 24/4/1921
1926 Following the 1925 Geneva Convention Concerning the Suppression of the Manufacture of, Internal Trade in, and Use of Prepared Opium, the Commonwealth bans the import and export of cannabis (Customs Proclamations nos 134 & 135).

Amendments to the Crimes Act bans unlawful revolutionary associations.
Commonwealth of Australia Gazette, no. 115, 25/11/1926


Crimes Act 1926
1928 First Commonwealth firearms legislation; introduced the offence of discharging any firearm on or over Commonwealth land Crimes Act 1928
1939 National security legislation gave the government wide powers to conduct the war, control resources and deal with enemy sympathisers. It was repealed in 1946 National Security Act 1939
1941 Australian Security Service, the forerunner of the Australian Security Intelligence Organisation, established
1942 Offences re broadcasting blasphemous, indecent or obscene material made.

Peace Officer Guard established. In 1960 it amalgamated with the Commonwealth Investigation Service to form the Commonwealth Police Force.
Australian Broadcasting Act 1942


Statutory Rule no. 212 of 1942
1945 First war crimes legislation provides for trial and punishment of European war criminals War Crimes Act 1945
1946 Commonwealth Investigation Service established

First and last Commonwealth treason trial. Major Charles Cousens was committed for trial in the Sydney Magistrates Court in August 1946. The charge was dropped due to lack of evidence.

The Australian Encyclopedia, 1996, p. 2957, states that Albert Stokes was found guilty of treason for joining the Nazi “British Free Corps’ in 1944. In fact he was found guilty in a 1945 UK court martial of aiding the enemy, under the Army Act (UK). He served one year in Fremantle prison. Source: National Archives Recordsearch.

See also the 1903 UK trial of Australian Colonel Arthur Lynch (above).
Commonwealth Gazette, No.145, 8 August 1946


Australian Dictionary of Biography; See also ‘Ex parte Cousens; Re Blacket and another’ State Reports (NSW), 1947, vol. 47, pp. 145-150
1949 March 16. Australian Security Intelligence Organization (ASIO) established, under the administrative control of the Attorney-General’s Dept. It was put on a statutory basis in 1956.

Offences dealing with victims of war and genocide created.
Prime Minister’s Directive


Geneva Conventions Act 1949; Genocide Convention Act 1949
1953 The last sedition trial in mainland Australia was an unsuccessful prosecution by the Menzies Government of another member of the Communist Party in Sweeny v Chandler, an action prosected in the Sydney Court of Petty Sessions, which resulted in dismissal of the charges on the 18th September 1953. See 1960 for the last federal prosecution.
1956 ASIO, established in 1949, made a statutory body Australian Security Intelligence Organization Act 1956
1960 Major amendments made to Crimes Act re sentencing, treason, defacing coinage, espionage, official secrets, conspiracy, etc.

The last federal prosecution and jailing for sedition was in 1960, when Department of Native Affairs officer Brian Cooper was prosecuted under the Criminal Code (Qld) for urging "the natives" of Papua New Guinea to demand independence from Australia . He was convicted and sentenced to two months' imprisonment with hard labour. He committed suicide four years after losing his appeal.

Peace Officer Guard and Commonwealth Investigation Service were merged to form the Commonwealth Police Force.

First telecommunications interception legislation.
Crimes Act 1960

 

Cooper v. The Queen [1961] HCA 16; (1961) 105 CLR 177

 

Commonwealth Police Act 1957


Telephonic Communications (Interception) Act 1960
1963 Offences committed on aircraft legislated Crimes (Aircraft) Act 1963
1964 Procedures for civilians serving with United Nations who commit offences implemented Crimes (Overseas) Act 1964
1966 Extradition legislation passed. Before this the Commonwealth used United Kingdom legislation and treaties Extradition (Commonwealth Countries) Act 1966; Extradition (Foreign Countries) Act 1966
1967 Although the Commonwealth does not operate any prisons, it passed legislation providing for minimum terms of imprisonment for Commonwealth offenders

Single Convention on Narcotic Drugs implemented in order to regulate the manufacture of certain drugs for medicinal purposes
Commonwealth Prisoners Act 1967

 

Narcotic Drugs Act 1967
1971 Violent demonstrations in Territories or on Commonwealth premises attract a penalty of 3 months imprisonment. Public Order (Protection of Persons and Property) Act 1971
1972 Australian Institute of Criminology and the Australian Criminology Research Council established. The Act commenced late 1972 and the AIC began operation in 1973.

Convention for the Suppression of Unlawful Seizure of Aircraft implemented
Criminology Research Act 1971

Crimes (Hijacking of Aircraft) Act 1972; Crimes (Protection of Aircraft) Act 1973
1973 Death penalty abolished for Commonwealth offences. States and Territories had already abolished capital punishment from 1922-1985

The Committee on Computerisation of Criminal Data recommends an Australian Crime Information Centre (ACIC) be established to store, retrieve and analyse criminal justice information

October 18. House of Representatives passes the motion “That … homosexual acts between consenting adults in private should not be subject to the criminal law”. It results in the draft Law Reform (Sexual Behaviour) Ordinance 1975 (A.C.T.)
Death Penalty Abolition Act 1973. See also Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010

Report, August 1973. Attorney-General’s Dept, Canberra. Tabled but not printed. List number 416/1975


Attorney-General’s press release 41/75, (28/5/1975)
1974 Whitlam government establishes the federal Law Reform Commission (later Australian Law Reform Commission). Its first 2 reports in 1975 were Complaints against police and Criminal investigation.

Report of the Committee of Inquiry into a national forensic institute (est 4 Dec 1973). Chair L.G. Clark .
Law Reform Commission Act 1973

Report. Canberra : Govt. Printer, 1974. Parliamentary paper no. 58 of 1974
1975 Report of the Working Party on Territorial Criminal Law proposes and contains a draft new Crimes Ordinance for the A.C.T. to replace the Crimes Act 1900 (NSW) as applied to the A.C.T. The Crimes Act did not start to be replaced until the Criminal Code 2002 was passed by the ACT Legislative Assembly under self government.

March 27. Department of Police and Customs established to bring law enforcement operations together. Press release p.209

September 26. The Whitlam Government passed control of ASIO from the Attorney-General's Department to the Department of the Prime Minister and Cabinet.

In December the Fraser Government transferred control of ASIO back to the Attorney-General's Department.

October 29. Australia Police Bill introduced implementing Cabinet decision no. 1433 of 15/10/1973 and subsequent report by A.T. Carmody to establish a national police force to amalgamate all federal police agencies ie A.C.T., Northern Territory, Commonwealth, police forces, customs & narcotics bureau. The Bill also contained provisions to implement Australian Law Reform Commission recommendations relating to complaints against police. The bill did not pass. A more limited merger occurred later in 1979.
Australian Government Publishing Service, Canberra. Tabled but not printed. List no 318/1975

 

Commonwealth Gazette No S59, 27 March 1975

 

Administrative Arrangements Order 26/9/1975 (Commonwealth Gazette No. S192, 29 September 1975)

Administrative Arrangements Order 22/12/1975 (Commonwealth Gazette No.S262, 22 December 1975)

 

Australia Police Bill 1975. A.T. Carmody, National Law Enforcement Authority, April 1974. Tabled but not printed. List no. 384/1975
1976 Convention on Psychotropic Substances implemented.

Two terrorism conventions implemented
Psychotropic Substances Act 1976

Crimes (Biological Weapons) Act 1976; Crimes (Internationally Protected Persons) Act 1976
1977 Australian Royal Commission of Inquiry into Drugs established by the Commonwealth, Victorian, Tasmanian, Western Australian & Queensland Governments and headed by Justice E.S. Williams. It recommended increased law enforcement of drug control and the establishment of a Australian Bureau of Criminal Intelligence. Reports published as Parliamentary Paper numbers 275/1979, 2529/1980, 226/1980
1978 Last act of terrorism in Australia . A bomb explodes outside the Sydney Hilton Hotel in February 1978.

Offences created re entering other countries for the purpose of engaging in hostile activities
Crimes (Foreign Incursions and Recruitment) Act 1978
1979 Following the Hope Royal Commission on Intelligence and Security, ASIO legislation was revised

Commonwealth Police and A.C.T. Police merge to become Australian Federal Police (AFP).

The Standing Advisory Committee on Commonwealth-State Cooperation for Protection Against Violence (SAC-PAV) hold its first meeting.

Legislation passed to clarify which Australian State and Territory criminal laws apply to ships and coastal waters, replacing previous UK legislation
Australian Security Intelligence Organization Act 1979


Australian Federal Police Act 1979

 

Crimes at Sea Act 1979
1980 Royal Commission into the Activities of the Federated Ship Painters and Dockers Union established by the Commonwealth and Victorian Governments and headed by Mr Frank Costigan QC. It made recommendations in the areas of organised crime, bottom of the harbour tax evasion, drug trafficking, waterfront crime and criminal investigation techniques Reports published as Parliamentary Paper numbers 72/1982, 185/1982, 223/1983, 284-289/1984
1981 Royal Commission of Inquiry into Drug Trafficking established by the Commonwealth, NSW, Victorian & Queensland Governments and headed by Justice D.G. Stewart. It makes 102 recommendations in the areas of law enforcement agencies, criminal intelligence systems, police powers, complaints against police, deportation and extradition and financial investigations Reports published as Parliamentary Paper numbers 288/1982, 41/1983, 186/1983 [NZ Report]
1981 Australian Bureau of Criminal Intelligence established Agreement between the Commonwealth, State and Northern Territory Governments 6/2/1981. Tabled 18/8/82
1982 Legislation passed by the Fraser government to establish a national investigative body, the National Crimes Commission. The act was never brought into force by the new Hawke government, which instead set up the National Crime Authority in 1984 National Crimes Commission Act 1982
1983 Royal Commission of Inquiry into the activities of the Nugan Hand Group [extension of the Royal Commission of Inquiry into Drug Trafficking 1981-1983] Chair: Justice D.G. Stewart. It recommends enhanced cooperation with countries re banking records and changes to companies and auditing legislation Reports published as Parliamentary Paper numbers 275/1983, 65/1985, 368-369/1985
1983 May Royal Commission on Australia's Security and Intelligence Agencies established. Chair Mr Justice R. M. Hope. It recommends increased ministerial control of ASIO and the establishment of an Inspector-General to oversee agencies Reports published as Parliamentary Paper numbers 323/1983, 1/1984, 230-232/1985
1984 March Director of Public Prosecutions established on 5 March 1984 to prosecute offences under Commonwealth law. This task had previously been done by the Deputy Crown Solicitor’s Office Director of Public Prosecutions Act 1983
1984 July National Crime Authority (NCA) established to investigate national crime issues National Crime Authority Act 1984
1985 Royal Commission of Inquiry into Alleged Telephone Interceptions established. Chair: Justice D.G. Stewart. Recommends additional bodies be able to intercept telephones and safeguards for the issuing of interception warrants Report published as Parliamentary Paper number 155/1986
1987 Review of Commonwealth Criminal Law established ( Sir Harry Gibbs (chair), Ray Watson , Andrew Menzies ). Issues discussion papers, 5 interim reports & a final report (1988-1991)

 

Australian Protective Service (APS) established to provide security at Commonwealth premises.

Assets of convicted criminals now subject to confiscation.

Special Investigations Unit (later War Crimes Prosecution Support Unit) established in the Attorney-General’s Dept to investigate prosecutions of alleged Nazi war criminals. It was abolished in 1994
[1st] interim report: computer crime 1988. PP* 111/1989

[2nd] interim report: detention before charge 1989. PP 112/1989

[3rd] interim report: principles of criminal responsibility and other matters 1990. PP 195/1991

4th interim report 1990. PP 319/1990

5th interim report 1991. PP 194/1991

Final report 1991. PP 371/1991
All on Senate Tabled Papers Database

 

Australian Protective Service Act 1987

Proceeds of Crime Act 1987

1988 3 inquiries into violence established:
National Inquiry into Racist Violence (Human Rights and Equal Opportunity Commission (Moss / Castan inquiry));
Australian Broadcasting Tribunal Inquiry into Violence in Television;
National Committee on Violence into Violence in Australian Society
Extradition laws rewritten and amended

An amendment to the Constitution to extend the right to trial by jury was rejected at referendum
Report, 1991 (PP 100/1991)

TV Violence in Australia , 1990 (PP 131-134/1990)

Violence: directions for Australia, 1990

Extradition Act 1988

Constitution Alteration (Rights and Freedoms) Bill 1988

1990 June 28 SCAG decides to establish the Criminal Law Officers Committee (CLOC) consisting of members from all jurisdictions to develop a national model criminal code. Between 1992 and 2002 it issues 12 discussion papers, 11 reports and 5 model provisions

July 1st. Crimes Act 1900 (NSW) as applied to the ACT passes from Commonwealth Attorney-General to the A.C.T. Government
Model Criminal Code

 

A.C.T,. Administrative Arrangements, 4/7/1990

1992 Penalty units (equivalent to $100) introduced at the federal level. The unit was changed to $110 in 1997. Units were first introduced in Victoria in 1981

Australian Protective Service transferred from the Department of Administrative Services to the Attorney-General’s Department
Crimes Legislation Amendment Act 1992

Administrative Arrangements Order, 30 June 1992, Gazette GN27, 8 July 1992, p. 1834

1993 Criminal Law Officers Committee changes its name to Model Criminal Code Officers' Committee (MCCOC)

Review of Law Enforcement Arrangements established under the chair of Bill Coad. Its 1994 report led to changed arrangements within the Attorney-General’s Department dealing with law enforcement.

 

Report. AGPS, 1994 ISBN 0644332964

1994 Federal Justice Office replaced by the Commonwealth Law Enforcement Board (CLEB) within the Attorney-General’s Department

First Commonwealth sex offences, dealing with under age sex by tourists overseas

Human Rights (Sexual Conduct) Act enacted to override Tasmania's anti sodomy law contained in its Criminal Code. The first time the federal government uses its external affairs power under s 51 of the constitution to override a state criminal law

Crimes (Child Sex Tourism) Amendment Act 1994

 

Human Rights (Sexual Conduct) Act 1994

1995 Criminal Code Act 1995 implements provisions of the first report of MCCOC issued in 1992 on criminal responsibility. The Code is becoming the main piece of legislation containing federal offences, superseding the Crimes Act 1914. It also abolished all common law offences (s.1.1) Criminal Code Act 1995
1996 On 28 April a lone gunman killed 35 people at Port Arthur, Tasmania. This led to the Commonwealth passing legislation to implement a gun buyback scheme to assist the States recall certain firearms and to restrict importation of various firearms National Firearms Program Implementation Act 1996

Customs (Prohibited Imports) Regulations 1956

1997 Commonwealth legislates to repeal decriminalisation of euthanasia in the Northern Territory. First use of Commonwealth territories power to override a territory law. Euthanasia Laws Act 1997
2000 CrimTrac Agency established to provide national databases of criminal information eg DNA, fingerprints, child sex offenders CrimTrac Agreement
2001 Corporations power referred from the States. This was the most significant transfer of constitutional power from the States to the Commonwealth. Legislation provides for offences committed by corporations and their directors and boards Corporations Act 2001 and related State and Territory legislation
2002 First Commonwealth anti-terrorism legislation. The Northern Territory in its Criminal Code was the first jurisdiction to make terrorist actions an offence in 1982

Commonwealth, State and Territories Agreement on Terrorism and Transnational Crime 2002 leads to referral of anti-terrorism powers to the Commonwealth

Australia implements the Rome Statute of the International Criminal Court and accepts the jurisdiction of the Court to investigate and prosecute genocide, war crimes and crimes against humanity
Security Legislation Amendment (Terrorism) Act 2002

Text of Agreement (see p. 16)
Criminal Code Amendment (Terrorism) Act 2003


International Criminal Court Act 2002

2003 On 1 January 2003 the Australian Crime Commission replaces the National Crime Authority (NCA), Office of Strategic Crime Assessments (OSCA) and the Australian Bureau of Criminal Investigation (ABCI) The Australian Crime Commission: Commonwealth, State and Territory Agreement of 9 August 2002 (see p.13)
Australian Crime Commission Establishment Act 2002
2006 Law Enforcement Integrity Commission established to investigate misconduct by law enforcement officials

First conviction under sex slavery and sexual servitude provisions in the Criminal Code. Ms Wei Tang was convicted of 10 charges in the Victorian County Court
Law Enforcement Integrity Commissioner Act 2006

Minister for Justice Press Release 9/6/06

2010 Commonwealth legislates to prohibit States from reintroducing the death penalty, and to implement the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010


Other Criminal Law Issues include:

Firearms
Mandatory Sentencing
Terrorism
War Crimes see International Law
Federal Legislation
Australian Crime Commission Act 2002
formerly National Crime Authority Act 1984
Australian Security Intelligence Organisation Act 1979
Aviation Transport Security Act 2004
Crimes Act 1914 (Originally the principal act containing Commonwealth offences. Now gradually being superseded by the Criminal Code Act 1995)
Crimes at Sea Act 2000
Crimes (Foreign Incursions and Recruitment) Act 1978
Crimes (Overseas) Act 1964
Criminal Code Act 1995
Criminology Research Act 1971
Director of Public Prosecutions Act 1983
Extradition Act 1988
Intelligence Services Act 2001
Law Enforcement Integrity Commissioner Act 2006
Maritime Transport and Offshore Facilities Security Act 2003
Model Criminal Code
Mutual Assistance in Criminal Matters Act 1987
National Security Information (Criminal and Civil Proceedings) Act 2004 (formerly National Security Information (Criminal) Act 2004
Proceeds of Crime Act 1987
Proceeds of Crime Act 2002 (supersedes but does not repeal the 1987 Act)

Court and Tribunal decisions, law reports etc
Australasian Legal Information Institute (AustLII)

Key National Bodies
Attorney-General's Department
The Department administers general criminal law, the police and many security, customs and counter-terrorism matters. See sections on Crime prevention and enforcement and National security and counter-terrorism
Australian Crime Commission (formerly National Crime Authority)
Australian Institute of Criminology
Australian Security Intelligence Organisation (ASIO)
Crime and justice (Australian Bureau of Statistics)
Current statistics on many aspects of crime and law enforcement, together with special articles from previous issues of the ABS Year Book Australia
CrimeNet
Information on criminal records, stolen property, missing and wanted persons, con artists and unsolved crimes. A fee paying commercial database which provides some information free of charge. The Parliamentary Library does not provide full access to this site
Director of Public Prosecutions
Griffith University School of Criminology and Criminal Justice
University of Sydney. Institute of Criminology
University of Western Australia. Crime Research Centre

If you need legal advice regarding Criminal Law, then please complete your free legal enquiry form on the left, and we will put you in touch with a Criminal Law lawyer nearest you, who can help you with Criminal Law.

Our free legal enquiry service for Criminal Law extends to all suburbs throughout Australia.

Criminal Law & Lawyers Updates

$15,000 reward offered for the return of more than 20 stolen reptiles .. (audio)

Thu, 18 Jul 2013 14:50:00 +1000

Laura Tchilinguirian is speaking to the curator of the Australian Reptile Park, Liz Vella

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Council on the Ageing says Lateline abuse report shows need for better training in aged-care industry .. (audio)

Tue, 16 Jul 2013 09:45:00 +1000

Cameron Green spoke to COTA boss Ian Yates

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George Zimmerman's acquittal for the murder of Trayvon Martin prompts debate over the role of race in the U.S Justice system... (audio)

Mon, 15 Jul 2013 13:50:00 +1000

Laura Tchilinguirian spoke to Dr David Smith, a lecturer at the U.S Studies Centre in Sydney.

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Inquiry into child abuse due to hear from Hunter Valley's former Catholic Bishop, accused in cover-up of two priests' crimes .. (audio)

Wed, 10 Jul 2013 09:45:00 +1000

Cameron Green spoke to ABC Reporter Dan Cox

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Has consumer law has kept pace with globalised commerce? We talk to the VP of the International Assn of Consumer Law ..(audio)

Wed, 03 Jul 2013 17:55:00 +1000

Glen Bartholomew is speaking to The Vice-President of the International Association of Consumer Law, Professor Gail Pearson

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Coalition of NSW emergency services workers on why it opposes opening of so-called 'sobering up' centres. ..(audio)

Wed, 03 Jul 2013 15:20:00 +1000

Mandy Presland spoke to Director of the NSW Nurses and Midwives Association and spokesperson for lobby group LAST DRINKS, Brett Holmes

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Report into whether laws and protections for Aus cruise-line passengers are adequate tabled in Parliament. .. (audio)

Mon, 24 Jun 2013 15:15:00 +1000

Shon Walker spoke to Committee Chair Graham Perrett

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NSW whistleblower says "there will be panic at Police HQ" after admission that church child-abuse docs were shredded .. (audio)

Fri, 21 Jun 2013 09:15:00 +1000

Steve Chase spoke to Detective Chief Inspector Peter Fox

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NSW Greens MP confirms senior cop was getting, then shredding, church docs about abuse of kids .. (audio)

Fri, 21 Jun 2013 07:15:00 +1000

Marius Benson spoke to New South Wales Greens MP David Shoebridge

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WA's top cop has alcohol advertising in sport in his sights - and he's telling a Canberra conference why: (audio)

Wed, 19 Jun 2013 08:45:00 +1000

Sandy Aloisi spoke to WA Police Commissioner Karl O'Callahan

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Australians lost nearly 100 million dollars in scams last year --- and that's just the ones we know about, says ACCC .. (audio)

Mon, 17 Jun 2013 07:55:00 +1000

Sandy Aloisi spoke to ACCC Deputy Chair Delia Rickard

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What do you if you see a racist incident? Vic Health's Preventing Racism Program looks at that dilemma .. (audio)

Thu, 13 Jun 2013 09:20:00 +1000

Steve Chase spoke to Dr Peter Streker

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As the search for his body resumes, we look back at the Donald Mackay case .. (audio)

Thu, 13 Jun 2013 10:20:00 +1000

Steve Chase spoke to Mike Donaldson

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Griffith City mayor on police reopening the search for Donald Mackay's body, 36 years later .. (audio)

Thu, 13 Jun 2013 07:55:00 +1000

Marius Benson is speaking to John Dal Broi

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Former CIA employee Edward Snowden flees his Hong Kong hotel after being named as whistleblower: where does he go now? (audio)

Wed, 12 Jun 2013 09:45:00 +1000

Steve Chase asked International Law expert Don Rothwell

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Doctors express growing concern about alcohol related violence - and especially the 'killer punch' .. (audio)

Thu, 06 Jun 2013 17:20:00 +1000

Glen Bartholomew spoke to Dr Anthony Grabs, Head of Trauma Services at Sydney's St. Vincent's Hospital

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Witchcraft and sorcery across Pacific considered very real, and very dangerous .. hence a big Canberra conference: (audio)

Wed, 05 Jun 2013 10:50:00 +1000

Steve Chase was joined by one of the conference convenors, Dr Miranda Forsyth from the ANU's Research School of Asia and the Pacific

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The Historical Institutional Abuse Inquiry in Northern Ireland has launched an international appeal for child abuse victims and survivors .. (audio)

Wed, 05 Jun 2013 07:55:00 +1000

Sandy Aloisi got details from Sir Anthony Hart -- the Chairman of Northern Ireland's Historical Institutional Abuse Inquiry

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Military trial of U.S soldier Bradley Manning begins near Washington, after he leaked secret files to WikiLeaks - we analyse the case .. (audio)

Tue, 04 Jun 2013 14:15:00 +1000

Shon Walker was joined by Dr Adam Lockyer, a lecturer in U.S Politics and Foreign Policy at the U.S Studies Centre at the University of Sydney

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Bravehearts group backs plans to decriminalise 'sexting' by teenagers .. (audio)

Wed, 29 May 2013 17:20:00 +1000

Steve Chase spoke to Bravehearts National Operations Manager Leza Sullivan

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Victims support group disappointed by evidence of Cardinal Pell to child sex abuse inquiry .. (audio)

Tue, 28 May 2013 07:50:00 +1000

Sandy Aloisi spoke to Broken Rites spokesman Bernard Barrett

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Cardinal George Pell before Victoria's parliamentary Inquiry into church sex abuse today - but will his evidence cast much light? (audio)

Mon, 27 May 2013 07:50:00 +1000

Sandy Aloisi spoke to Judy Courtin from the Faculty of Law at Monash University in Melbourne

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These news come from ABC NewsRadio Crime Law and Justice News Links.

Tips for Finding a Good Attorney

Thu, 17 Apr 2014 07:09:05 -0500

A good attorney can oversee the investigations, with the goal of overturning false convictions and freeing many wrongfully charged people for crimes, ranging from misdemeanor to capital murder. However, when it comes to hiring one, it is important to consider your choice carefully. Avoid hiring the first one you come across.

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You Need A Criminal Attorney If You Have Been Charged With An Offense

Wed, 16 Apr 2014 15:33:12 -0500

Normally if someone is charged with a criminal offense, they will either be assigned with an attorney or they will choose one themselves. When charges of a criminal nature are levied against someone, it is essential they have access to legal counsel as a matter of urgency. The very early stages in a criminal case can be extremely important in protecting the rights of the accused.

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The Impact Of Disorderly Conduct

Wed, 16 Apr 2014 07:31:01 -0500

If you have been found to be creating a nuisance and disturbing the peace of an area, you might get arrest and possibly be convicted for disorderly conduct. Though the definition of disorderly conduct changes from one state to the next, broadly speaking it is the act of fighting or brawling, engaging in obscene, abusive, offensive, or noisy conduct.

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How to Find a Good Criminal Defense Attorney

Tue, 15 Apr 2014 07:25:07 -0500

When exactly do you need an attorney? The importance of hiring a criminal attorney when you are being investigated or when you are arrested for crime is crucial. Getting an attorney before being charged with crime can go a long way in keeping you out of court or jail.

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When You Need A Criminal Defense Lawyer

Tue, 15 Apr 2014 07:08:32 -0500

When facing the prospects of prison or jail, you should have an attorney by your side. In fact, the single most important decision you can make when facing criminal charges is whom you hire to present you. Criminal defense attorneys are best suited to handle such cases.

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Facing Your First DUI Charge in Florida

Mon, 14 Apr 2014 15:43:29 -0500

Even the first offense of driving drunk in Florida carries the potential for heavy penalties including jail time, steep fines, and a mark on your driving record that can interfere with your future for years to come. It is important to know what is considered a DUI and what will happen if you are arrested for this offense in Florida.

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What You Should Do If You Need a Criminal Attorney

Mon, 14 Apr 2014 07:31:43 -0500

Being charged with a serious criminal offense is a stressful and frightening situation. It can threaten your freedom and every aspect of your life. If you have been charged with a criminal offense you will need a good criminal attorney to defend you and ensure your rights are protected under the law.

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Ignition Interlock Devices in Ohio

Fri, 11 Apr 2014 15:12:39 -0500

Many DUI convictions carry a requirement for an ignition interlock device to be installed on an offender's vehicle. This device must be financial maintained, officially installed,and properly used to abide by the court's order.

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Hit and Run Scenarios As Defined by Alabama Law

Fri, 11 Apr 2014 14:40:05 -0500

Leaving the scene of an accident in Alabama includes a number of scenarios, violent hit and run to a driver fleeing the scene after striking a parked car. All of these incidents carry the potential for serious criminal charges with steep penalties.

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Types of Vehicular Violent Crimes in Ohio

Fri, 11 Apr 2014 14:27:25 -0500

The different types of violent vehicular offenses that an offender in Ohio may face can be confusing. The motivation of the driver and the circumstances of the accident can determine what an incident is considered, but they all carry the potential for serious penalties in court.

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Bail Bonds: Important Facts To Know

Wed, 09 Apr 2014 11:24:03 -0500

Are you looking for a bail bond agent? Here's an overview of the most essential aspects to know when looking for a bail bond agent.

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Mind the Crimes and Punishments

Mon, 07 Apr 2014 12:53:28 -0500

When crimes are prescribed mathematically calculated punishments, what we miss out is the complexities of human mind which make people act differently under different circumstances. Many who commit crimes often have criminally predisposed minds due to genetic factors, indoctrination by influentially close people, childhood miseries, traumatic experiences, absence of dependable parents, improper social and economic environments, mental or personality disorders etc.

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Driver's License Suspension in Ohio

Thu, 03 Apr 2014 14:22:33 -0500

A driver's license suspension in Ohio can be highly inconvenient, but it is one of the many consequences of a DUI arrest and other traffic violations. There are ways that an alleged offender can gain temporary driving abilities, however.

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Driving Under the Influence and Alcohol Absorption

Fri, 28 Mar 2014 11:51:09 -0500

This article will provide a brief overview of alcohol absorption and blood alcohol content in general. Many people are aware that.08 is the BAC threshold for DUI offenses; however, those who are arrested for DUI or injured by someone who is driving while under the influence do not really understand exactly what.08 means.

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Understanding Identity Theft Crimes

Thu, 27 Mar 2014 13:15:12 -0500

Technology has changed the nature of crime over the past few decades. Identity theft has grown exponentially in recent years. Considering the increased prevalence of these crimes, one can expect many more residents to face ID theft related charges than ever before.

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Understanding Federalism and Criminal Law

Mon, 24 Mar 2014 09:24:08 -0500

In criminal law jurisdiction and locale can make a huge difference in the level of crime you are charged with and the penalties associated therein. The United States of America was built upon the concept of federalism, wherein each individual state had sovereignty. States were designated as the caregiver of criminal laws and budget.

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Selecting a Criminal Attorney - Best Practices to Embrace

Fri, 21 Mar 2014 09:46:18 -0500

When it comes to the law, ignorance is no defense. You need to find a suitable person to represent you; otherwise, it might mean the difference between your freedom and spending many nights behind bars. A criminal attorney, as the name suggests, is a person with a keen eye and a keen heart at making things right for you once you are charged with a criminal offence.

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The Most Common Cruise Ship Passenger Accidents

Thu, 20 Mar 2014 11:58:56 -0500

Every year millions of vacationers take to the seas in search of a vacation to remember. As they sail off into the sunset on a water hotel, they expect a dream holiday that they will remember for a lifetime. Most of the time this is the case and they have a memorable experience, make new friends and have a great time aboard and visiting distant and exotic lands.

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Possession of Child Pornography Is Illegal

Thu, 20 Mar 2014 11:00:39 -0500

There are many cases involving the possession of child pornography and sexual assault involving children every year. There are many things that can lead up to a case like this. Not all of them are something that was expected either.

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Evolution of Suppressing Criminal Gangs in the Community

Thu, 20 Mar 2014 09:16:37 -0500

Criminal gang members and criminal gang activity is on the rise in communities across the country. Law enforcement is keeping up with controlling the gangs but the result is only a temporary solutions. With older officers retiring and younger officers moving up, information sharing across boundaries and jurisdictions is increasing. As information sharing increases, the evolution of combating criminal gang violence will take on a more positive result, thus decreasing violence in communities across the country.

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Crime Classifications in the US

Tue, 11 Mar 2014 12:54:38 -0500

The necessity of crime classification as a function of jurisprudence has been long-recognized by all societies. There are many crimes which, on the surface, appear similar; however, mitigating circumstances as determined by law is important in the pursuit of justice. Crimes such as robbery, for example, should be viewed differently if there was an aggravated aspect that imperiled the lives of the victim.

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How to Recognize and Deal With Addiction

Mon, 10 Mar 2014 13:16:40 -0500

If you or a loved one is doing something to excessive or even dangerous levels, then you may be dealing with a possible addiction. Addictions come in all shapes and sizes. Essentially, addiction is the obsessive or physical need to engage in an activity or indulge in a substance to harmful levels. People who are denied their addiction of choice can exhibit signs of withdrawal, depression or even physical symptoms. It's a fact that some people are more prone to addiction than others, and science is making great leaps forward in identifying these signs.

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Green Driving: Is Pot Use Becoming the New DWI?

Mon, 10 Mar 2014 13:16:26 -0500

With more states passing laws that legalize marijuana, there's a growing concern over the trend of drugged driving. Drugged driving is similar to drunk driving, the only difference being a driver is impaired by illegal, over-the-counter or prescription drugs instead of alcohol. Driving while intoxicated (DWI) has long been a concern for law enforcement. However, increased pot use has added to this concern.

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Through the "Back Door" of an Impaired System: Thinking Outside of Tradition to Reduce Crime

Thu, 06 Mar 2014 15:57:41 -0600

As crime continues to evolve, traditional police paradigms continue to fall behind. The traditional policing paradigm keeps many of us locked within borders while crime continues to inflict pain on the communities we serve. Public safety has the potential to think outside of tradition and employ crime reducing tactics, though this is not always the case. This article is about breaking tradition and moving toward innovative paradigms of policing to reduce crime in the community.

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Child Abuse and Neglect in Florida

Thu, 06 Mar 2014 15:49:12 -0600

The definitions and penalties for child abuse and neglect vary between states, but Florida law provides steep penalties for those convicted of abusing a child under their care. As a felony offense, this crime can mean decades behind bars and thousands in fines, as well as a heavy social stigma that can interfere with an offender's life for year to come.

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First DUI in Iowa

Thu, 06 Mar 2014 15:37:03 -0600

Any DUI conviction carries serious penalties. Even for a first-time offender, a drunk driving charge could threaten an individual's future in a variety of ways.

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The Best Way to Handle a Protective Order

Thu, 06 Mar 2014 12:00:02 -0600

If a restraining or a protective order has been filed against you, there are some things you will have to attend to. The most important thing is to look for a good lawyer. Do not try to handle the issue by yourself. The family court system is very complex and you will not be able to navigate it by yourself.

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The Consequences of Retail Theft in Pennsylvania

Thu, 06 Mar 2014 11:50:38 -0600

Retail theft may seem like a minor offense, but it carries severe and long-lasting penalties for those facing a charge of shoplifting in Pennsylvania. In addition to prison time and fines, a mark on an offender's criminal record could interfere with opportunities for years to come.

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How Do Bail Bonds Work in Texas?

Thu, 20 Feb 2014 16:04:52 -0600

Bail bonds are an essential part of our legal system, but many individuals across Texas do not understand how they work. Texas law states that bail bonds can be used to guarantee a defendant's appearance in court, but certain regulations limit who can pay the requested amount and what the bond must include when issued in Texas.

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The Consequences of a First DUI in Florida

Thu, 20 Feb 2014 15:49:51 -0600

Even a first DUI offense can lead to serious consequences. Florida law outlines that a conviction could mean steep fines, jail time, probation, and a suspension of driving privileges. The potential penalties of even a single DUI arrest are not worth the risk of driving under the influence.

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DUI Field Sobriety Tests

Wed, 19 Feb 2014 15:55:48 -0600

If you happen to find yourself being subjected to a roadside field sobriety test based on suspicion of being under the influence of alcohol or drugs, there are some things about these tests you need to understand. First, the tests generally fall into two categories.

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The Real Costs of Drunk Driving

Mon, 17 Feb 2014 10:16:03 -0600

Driving under the influence of alcohol is a criminal offence in the UK (and most of the world), and if you're found guilty, the repercussions are serious. We've all seen the adverts that warn us to stay sober behind the wheel, but how seriously do you take them? Think a quick pint or large glass of wine won't really matter? Think again. According to to most authorities, even a small amount of alcohol can push you over the limit, so the only safe amount if you plan to drive is none at all.

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Preparing Yourself To Work With An Criminal Defense Lawyer

Mon, 17 Feb 2014 08:22:04 -0600

The only time that it hits you hard that you need the best attorney in town is when you realize the penalty stipulated for your crime. If indeed you are facing a severe prison sentence or any other hefty penalty, you need to find someone who can fight for you and possibly win. With the help of a professional lawyer in criminal law, chances of alleviation are guaranteed unlike when you decide to work on your own.

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Essential Things To Consider When Looking For A Good Attorney

Mon, 17 Feb 2014 08:20:21 -0600

In life, there are several challenging moments. More often than not, they include times like losing a loved one to sickness, tragic accident, having to go through a trial in court, break ups in relationship, just to name a few. In law, when you are required to attend a trial, you have to get yourself a good attorney to represent you.

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The Shame of a Criminal Defense Attorney

Sat, 15 Feb 2014 19:00:12 -0600

Many such attorney's begin their legal career learning the trade as a prosecutor. Of course, the prosecutor is the "white knight" in the courtroom whose role it is to bring justice to the criminally accused. That is how I started my career... as the "white knight" prosecutor. But, working for the government has its limitations on how far a career can advance.

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The Rockefeller Drug Laws Explained

Wed, 12 Feb 2014 07:56:19 -0600

Rockefeller Drug Laws Explained in brief overview and changes in recent years to drug laws in New York. This article will explain options available to individuals charged with drug crimes in New York.

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Why Am I Being Charged With a DWAI or DWI If I Was Only Asleep in My Car?

Wed, 12 Feb 2014 07:54:24 -0600

As a criminal defense attorney and as a prosecuting attorney, one of the questions I was most often asked by individuals charged with a drunk driving offense was, why the individual was being charged with a DWAI/DWI when he or she was actually just sleeping it off in the back (or front) seat of their car. My honest response would be to say that I have no earthly idea why the state chooses to waste tax dollars following up with charges on a non-activity, but that really doesn't help matters much. The fact is that the state or city's attorney...

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Know Your Rights When Questioned or Stopped by the Police

Tue, 11 Feb 2014 08:45:38 -0600

Every criminal defendant needs an attorney. Knowing one's rights helps level the playing field when one is accused of or investigated for a crime. If you are arrested, you should immediately assert your right to an attorney and do not give any statements (this means talk) to the police. If you are innocent, you should still do the same thing and assert your right to an attorney and wait for your attorney to be present before giving any statement.

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Legitimate Defense - Right Provided By The Penal Law

Tue, 11 Feb 2014 07:08:55 -0600

Right to legitimate defense which is popularly known to us as the 'right to self-defense' is a right granted to the people residing in the United Arab Emirates through the Federal Penal Code (Fed Law no. 3 of 1987). The present Article discusses the various circumstances in which such right can be used.

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Bumper Stickers for the Superheroes in Criminal Law

Tue, 11 Feb 2014 06:45:14 -0600

When it comes to crimes, the police and the detectives are the closest to the real superheroes that we can have in our society. Fantasizing of being one professionally is really cool. However, when you are really one and are in action, it is less than cool. In fact, detectives' lives are at stake.

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What You Should Know About Handling a Reckless Driving Charge

Mon, 10 Feb 2014 08:23:41 -0600

If you have been given a ticket for reckless driving you should consult an experienced traffic lawyer. Let's take a look at what reckless driving charges involve and the defenses that might be available to you. First of all you should know that this is considered to be a misdemeanor or a criminal offense. In most states there will be a hefty fine associated to it and a possible jail sentence. Apart from a fine or jail time, there is a possibility that your license will be suspended for up to 6 months. In addition to this, a conviction of this type will be on your DMV record for several years.

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5 Things to Do Right Now If You Are Wrongfully Accused of a Crime

Wed, 05 Feb 2014 11:58:43 -0600

It is hard to imagine anything worse than being wrongfully accused of a crime. Unfortunately, this happens all too often. Even with all of today's technology, people are imprisoned wrongfully when they are accused of crimes that they did not commit. If you ever find yourself in this unfortunate situation, there are a few things that you must do in order to help prove that you are innocent.

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Criminal Law: Different Kinds of Criminal

Wed, 05 Feb 2014 09:55:47 -0600

Do you trust the justice system? How right is it anyway? In criminal law, justice, depends on capacity of criminal lawyers to represent their clients in court. The court is a battlefield of wits and verbal proficiency between attorneys who do not want defeat and who continue to build up credible reputations.

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Can You Still Get a DUI If You Test Under the Legal Limit?

Wed, 05 Feb 2014 09:29:16 -0600

When discussing charges of impaired driving and the circumstances surrounding them, a question often asked is, "Can I still get a DUI if I have tested under the legal limit?" Many people are surprised to hear that the answer to that question is "yes," and are anxious to understand how this could possibly be the case. In general, there are two circumstances that can lead to a DUI charge even if the driver's blood alcohol content is below 0.08 percent. Though specifics vary from state to state, these circumstances generally hold true despite one's location.

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Are You Facing Charges of Driving with a Suspended Licence?

Wed, 05 Feb 2014 07:12:23 -0600

Driving Suspended is known in the court system as Driving While Disqualified and is identified in the Criminal Code of Canada as a federal crime. While under suspension, an individual is prohibited from operating any motorized vehicle anywhere in Canada. As a Suspended Driving charge is not just considered a motor vehicle infraction, but a crime, this will gain you a criminal record, also causing your insurance rates to skyrocket if not your policy revoked altogether.

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Have You Been Charged with Dangerous Driving?

Wed, 05 Feb 2014 07:11:24 -0600

Dangerous driving charges are treated quite seriously in Ontario, especially if accident or injury has occurred. A dangerous driving charge can result in a criminal record, license suspension and possible jail time. Find out what you need to know if you've been charged with dangerous driving in Ontario.

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Random Places and Situations You See or Hear the Word Crime

Tue, 04 Feb 2014 15:35:53 -0600

Criminal law initially poses a kind of warning to people because of the subject matters it deals with. Of all fields of law, it is the most physically chaotic and dangerous. The danger routes in the criminal cases per SE that is to control by criminal lawyers and the limitless threats that come along the way. It is a topic not everyone dared to join in the past.

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Criminal Law: The Making of a Criminal

Tue, 04 Feb 2014 09:55:50 -0600

Is there really a formula on how one becomes a criminal? If yes, what is it? Is there a step-by-step process one can willingly or unwillingly take to get to this notorious path? If yes, how is it done? Is there a checklist that has all the traits on how one can become a legit criminal? If yes, who makes the list? But in reality, there is none.

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10 Effects Felt by a Driver When DUI

Tue, 04 Feb 2014 09:51:54 -0600

Drink driving is a major contributory factor in death on the UK's roads every year. The effects of it can be devastating and as a result, the law is strict when it comes to drinking and driving. The legal limit is very clear and in the UK the alcohol limit for drivers is 80 milligrammes of alcohol per 100 millimetres of blood. 35 microgrammes per 100 millimetres of breath or 107 milligrammes per 100 millimetres of urine. In other European countries the limit is even less.

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Have You Been Charged With Impaired Driving in Ontario?

Tue, 04 Feb 2014 07:57:19 -0600

Drunk driving, DWI, DUI, and impaired driving, in Ontario all refer to being found driving (or operating/riding a motorized vehicle, bicycle, etc) with a blood alcohol level of 80mg or more. A conviction will likely result from this, refusing to take a breathalyzer test, or being under the influence of other illegal drugs while driving. Do you need a lawyer?

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Have You Been Charged With Criminal Negligence?

Tue, 04 Feb 2014 07:56:35 -0600

The crime of Criminal Negligence within the laws of Canada, refers to acting irresponsibly without caution, to put others at risk of injury or death, or failing to do something to prevent the same circumstances from happening. This can occur both in public (as with: child endangerment, drunk driving, etc.), or at a place of employment (as with: a building construction site, manufacturing plant, etc.), whether intentionally or inadvertently, but usually involves a level of recklessness. It is normally attributed to someone having to absence of foresight with prior knowledge of the potential for danger.

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Understanding the Penalties for Youth Crime - Young Offenders

Tue, 04 Feb 2014 07:51:19 -0600

A juvenile or youth between the ages of 12 and (under) 18 who commits a criminal offence in Ontario will be prosecuted under the Youth Criminal Justice Act of Canada (YCJA), which came into effect on April 21, 2003, replacing the Young Offender's Act. They will be tried in juvenile court. Children under the age of 12 generally do not receive convictions for crimes, while in other circumstances, minors between the ages of 14 and 18 can be tried in adult court under the Criminal Code of Canada for especially heinous crimes, usually violence-related.

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Charged With Hit and Run?

Tue, 04 Feb 2014 07:48:59 -0600

Have you been charged with hit and run? Or leaving the scene of an accident? Find out what you need to know about the penalties for this crime in Ontario, Canada. If you feel you need a defence lawyer, you should read this article first.

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Squad Camera Video Taped Evidence - Advantage Defendant?

Tue, 04 Feb 2014 07:02:44 -0600

Technology has advanced in all aspects of life, including law enforcement. The simplest advance in law enforcement technology has been video taped evidence. This includes statements of the accused on videotape and arrests made on the street as seen by video equipped squad cars.

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Court Mandated Drug Testing - How It Snares the Casual Pot User

Tue, 04 Feb 2014 06:59:48 -0600

Court mandated drug testing is, presumably, designed to help the drug addicted. Certainly, a worthy goal. However, at least in my experience, I have seen it sting hard the casual pot smoker.

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Marijuana Use, Driving, and the Hard Hand of Illinois Law

Tue, 04 Feb 2014 06:59:28 -0600

In Illinois, if you use marijuana, and cause, at least in part, a personal injury car accident within the next month, you may very well be on your way to the Illinois Department of Corrections. It does not matter that you were stone, cold sober at the time.

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Why I Can't Last Five Minutes As a Criminal Lawyer

Mon, 03 Feb 2014 13:21:32 -0600

I am not born to become a lawyer. However, if I have skills, I will never choose to become a criminal lawyer. You see, crime is not really my thing. They appall me. I can live my whole life not dealing with crimes. I know that I can't avoid that because crime happens everywhere we go.

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Illinois' Concealed Carry Law - The Basics Explained

Mon, 03 Feb 2014 11:26:38 -0600

Illinois has now joined the rest of the United States in allowing a person to carry a concealed handgun. This article is a summary of the basics of Illinois concealed carry law. It describes who is ineligible for a permit, what the permit allows, where concealed carry is prohibited, and what the potential legal consequences for violation of the law.

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People Who May Commit Obstruction Of Justice

Fri, 31 Jan 2014 07:13:58 -0600

Evidences and witnesses are very essential in a criminal case. It is in them that we can better comprehend two different perspectives narrated by two opposing sides.

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Tips for Choosing a Criminal Defense Attorney

Thu, 30 Jan 2014 08:58:53 -0600

If you are being investigated or have been charged with a criminal offense, it is advisable to seek the professional service of a criminal attorney. As you shop around for attorneys, you will soon discover that there are many service providers available in the market. Therefore, it is important to find a lawyer who understands the serious nature of criminal investigations and knows how best to defend you.

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Decorating a Law Office According to Its Specialization

Wed, 29 Jan 2014 07:26:11 -0600

Even though law is a serious profession, law offices can always do things a little differently to spice employees and clients up. Mind you, a brilliantly themed office can boost enthusiasm. Please don't do it the cheap way, with only printed out picture or, worse, drawings. Unless you have an artist on your midst, please don't draw decorations. As much as possible, this requires professional help. These are law offices after all. There is a budget for a little makeover.

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Tips for Choosing a Criminal Attorney

Tue, 28 Jan 2014 12:22:07 -0600

It is very important to find an attorney who can provide proper representation in criminal matters. You stand a better chance of getting desirable results when you hire an attorney who has been practicing criminal defense for many years. Although every good criminal lawyer we see today had to start somewhere, it is important to find a lawyer with extensive experience.

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Finding the Right Criminal Lawyer

Tue, 28 Jan 2014 10:07:19 -0600

Being involved in a criminal case is not the most favorable situation you can find yourself in. It does not matter if you are the defendant or the prosecutor. Just being entangled in this web is already hard enough.

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How a Defense Attorney Can Help Mitigate a DUI Charge

Tue, 28 Jan 2014 09:55:52 -0600

It cannot be stressed enough that if you have been arrested for a DUI, you need to hire a DUI defense attorney. Finding an experienced legal assistance can help you reduce or eliminate these charges.

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When DUI School Is Unavoidable: What to Know About Attending

Tue, 28 Jan 2014 08:23:18 -0600

When you are sentenced for driving under the influence of alcohol (DUI), the judge will order you to attend an alcohol education program, commonly known as DUI school. You will have to pay to attend the DUI school and return to court to update the judge on whether you have completed the program.

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Things To Consider Before Hiring A Criminal Defense Attorney

Tue, 28 Jan 2014 07:17:44 -0600

To handle your case, you must choose a good and experienced lawyer. A good and experienced attorney can prove your innocence at court. Now the question is that how you can choose a good attorney. Before hiring an attorney, you need to consider some important things which will help you to find out a good criminal defense attorney.

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Modern Technologies and Old Fashioned Leg Work in Private Investigation Work

Mon, 27 Jan 2014 11:47:44 -0600

A true case history of private investigation work in. The case involves a suspected embezzler and the activities of the private investigators in tracking the suspect.

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Whose Liable When Spring Break Partying Gets Out of Hand

Mon, 27 Jan 2014 08:40:09 -0600

Hundreds of students leave school every year to travel to Florida during Spring Break. The Sunshine State is among the top Spring Break destinations, according to students and travel agencies. Daytona Beach, Fort Lauderdale, Miami, Orlando, and Panama City Beach are the popular cities where you can find students soaking in the sun and having fun.

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When It Comes Time to Find the Right DUI Legal Representative For You, Take Notes

Mon, 27 Jan 2014 07:58:30 -0600

When it comes to dealing with apprehension for drinking and driving, take notes, especially when picking the correct DUI lawyer. The fines for an initial sentence are significant, but an individual is more affected if they have dealt with the court of law with a previous DUI sentence.

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Drunk Driving Legal Representative - How You Can Get the Best

Mon, 27 Jan 2014 07:52:49 -0600

It is essential to look for an excellent drunk driving lawyer to assist you in handling the courtroom process. While DUI legal professionals could be located quickly, it is vital that you look around for a legal representative that fulfills your demands.

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Holiday Break: Do You Know Where Your Teen Driver Is?

Fri, 24 Jan 2014 10:58:01 -0600

When the holiday season arrives parents of teenagers or visiting college freshmen are hardly surprised when every second of free time is spent with friends or at holiday parties. Your teen might ask for an extended curfew and the use of the car, but during the holiday break do you really know where your teen driver is and what they are doing? The holiday season is statistically a more dangerous time on U.S. roadways, increasing the potential risk of a teenage driving accident. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death for teenagers between the ages of 16 -19 due to numerous factors such as inexperience behind the wheel and exhibiting risky driving behaviors. Is your teenage driver equipped with the knowledge and experience to safely navigate the roads during the busy holiday season?

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Getting Your Record Expunged

Wed, 22 Jan 2014 14:41:48 -0600

If you have a criminal record, you're no stranger to the ill effects it can have on your life. Background checks are increasingly common among employers, property owners, and various employment licensing agencies. A new study published by the Office Journal of the American Association of Pediatrics, indicates that around 25% of Americans have been arrested at least once by the age of 23. Even a criminal charge from many years ago can affect your chances of being hired or rented to. For some people, depending on various factors of which we'll discuss here, expungement may be a way to eliminate the hassle that is caused by a criminal record.

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Drug Possession, Understanding the Charges

Mon, 20 Jan 2014 11:40:59 -0600

Drug charges are very difficult to understand, mostly due to the level of caprice on the part of legislators. Each state has different levels of felonies and misdemeanors, and each state treats these crimes differently insofar as sentencing. In addition to state laws, there are also federal laws that apply to drug charges and minimum mandatory sentencing is applied even for drug possession.

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Missouri DUI or DWI Information

Mon, 20 Jan 2014 09:39:28 -0600

When someone is charged with DWI or DUI there are some common traits of the case(s) regardless of the jurisdiction charged. However, there are some differences so, to help avoid confusion, this article is specific to Missouri. When you are charged in Missouri with Driving While Intoxicated (DWI or DUI) based on alcohol intoxication there are two cases occurring simultaneously.

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What Is DUI and Felony DUI?

Fri, 17 Jan 2014 11:30:01 -0600

Driving under the influence is either a misdemeanor or a felony, differentiated by the seriousness of the crime. Most states including Nevada will have similar definitions and penalties for driving under the influence. What is DUI and how is it committed?

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Employment Criminal Background Check - Why Is It Significant?

Fri, 17 Jan 2014 10:06:01 -0600

Majority of companies want to check the background of people mainly because they are thinking of hiring them to work for them. These days, you cannot trust anyone as anyone can make up stories about themselves such as where they studied, where they worked, where they live and so on by forging their identities. Besides, you cannot rely much on their resumes because if someone can fake the IDs easily, faking a resume is not challenging. If you are an employer, the best thing to do is perform accurate criminal background checks for employment on your candidates and employees.

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How to Defend Yourself Against a Domestic Violence Charge

Fri, 17 Jan 2014 09:06:01 -0600

Domestic violence makes up a large number of the cases in the US legal system. Domestic abuse and child endangerment cases are taken quite seriously by the courts, and therefore, regardless of the circumstances, it must be taken seriously by the accused. Courts today will usually impose some form of protection order or restraining order on the spouse or partner that is accused.

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The Weed Experiment - Will It Bring Legal Harmony?

Thu, 16 Jan 2014 14:22:18 -0600

Now that a few states have legalized the sale of marijuana for medical use and Colorado for recreational use, many legal questions have begun to arise about the growing and possession of this substance in regard to different state and federal laws. At this time, possession or growing of marijuana is illegal on a federal level and in most states. It's recorded as a Schedule 1 drug which in short means it doesn't have any medical value and has a high potential to be abused.

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Polygraph for Criminal Defense Attorneys

Thu, 16 Jan 2014 08:18:34 -0600

Most Criminal Defense Attorneys only utilize polygraph to help them in completely exonerating their client. If your client is indeed completely innocent of the crime you are absolutely correct in using polygraph in this manner. However, as most practical Criminal Dense Attorney's know most of their clients are guilty to some degree. If these Criminal defense Attorneys will use the polygraph to show the prosecutor their client may be involved in the crime but not to the degree charged.

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Automated License Plate Scanning and Recognition Devices

Tue, 14 Jan 2014 18:38:02 -0600

This past Spring, I was on my way home from the office and, out of the blue, I was pulled over by a municipal police officer. I hadn't been speeding and hadn't done anything else wrong for that matter.

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General Procedure to Retrieve Criminal Records

Mon, 13 Jan 2014 08:27:03 -0600

The rules that come along to repossess criminal records are comprehensive and logical. If you don't obey and adhere to the rules, you won't get what you are asking for. It is as simple as that. Thus, it is your top responsibility to get to know the right steps when you are to search for lawful documents like the criminal data.

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Drug Crimes and Drug Crime Charges in America

Fri, 10 Jan 2014 14:42:01 -0600

Discussion of drug crime charges in New York City and in America. What they mean, what they can do to your life, how to mitigate and fight them.

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3 Benefits of Enlisting the Aid of Criminal Defense Lawyers

Tue, 07 Jan 2014 11:04:04 -0600

Facing legal criminal proceedings is most often than not a traumatizing, and naturally, overwhelming process, regardless of whether you are guilty or not. Apart from the complex and mystifying procedures that entail such legal processes, many a suspect find themselves at a loss of what to do when it comes to defending themselves. Criminal cases are normally divided into two categories, which are misdemeanors and felonies.

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Qualities of a Good Criminal Defense Lawyer

Tue, 07 Jan 2014 09:51:44 -0600

It is important to consider the reputation of a criminal defense lawyer before hiring his/her services. When you find the right lawyer, you stand a very high chance of staying out of jail and redeeming your reputation. Furthermore, good experience is very important in ensuring successful results.

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Tips To Consider When Choosing a Criminal Defense Lawyer

Tue, 07 Jan 2014 09:12:38 -0600

To be accused of something crave is a life-changing event. In New York, each year thousands of people are facing legal battles for crimes they've committed. This figure also includes a huge number of cases wherein an individual is falsely accused of something.

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The Best Way to Handle a Weapons Charge

Tue, 07 Jan 2014 07:49:56 -0600

If a person has been arrested on a weapons charge in the U.S, it simply means that the person has committed a crime that involves the unlawful use or illegal possession of a weapon. This is considered to be a criminal offence and has some serious consequences. Whenever an individual has been convicted of a weapons charge, the court might sentence the person to prison time or a fine may be imposed. The judge will generally take many different factors into accounts before pronouncing the sentence.

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Federal Crimes and What to Do If You Have Been Wrongly Accused

Mon, 06 Jan 2014 08:52:28 -0600

False accusations can literally destroy a person's life. Earl Washington Jr., for example, a man falsely accused of murder in 1983, spent about 18 years of his life in prison, half of which were on death row, before evidence finally exonerated him. Washington had people fighting for him, but unfortunately for most individuals falsely accused of crimes, this isn't the case. What's even worse than this, however, is when an individual is falsely accused of a federal crime.

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8 Things You'll Need From a Criminal Defense Lawyer

Tue, 31 Dec 2013 12:06:48 -0600

Most people hope to avoid being on the defensive side of the criminal justice system in their lifetimes, but sadly, many individuals are unsuccessful in this wish. Fortunately, our judicial branch has a presumption of innocence until proven guilty, and this means that anyone charged with a crime, whether it be DUI or manslaughter, has the right to a strong defense. For the best defense, though, it's necessary to find a good attorney. Luckily, there are a few specific things that a person can look for when choosing a legal professional.

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Ahead of the Game: Ways to Aid Your Case Before Court

Tue, 31 Dec 2013 11:36:42 -0600

When you are facing criminal DUI (driving under the influence) charges, you already understand what a conviction could mean to your life. You are facing steep fines, possible incarceration, loss of your driving privileges, and increased insurance rates. Of course, the stress in your life will also be increased, and you may even find yourself facing family and relationship problems.

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The History of Public Criminal Records

Fri, 27 Dec 2013 07:16:46 -0600

It all started from the formation of the Federal Bureau of Investigation which allowed the public to view the Identification records, now known as the criminal history records. This was the only database which keeps track of all the pieces of information relating to cases which resulted to the conviction of the accused.

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What To Do If You're Falsely Accused Of A Crime

Thu, 26 Dec 2013 10:15:07 -0600

Being falsely accused of a crime can be one of the scariest and most confusing times in your life. Your life changes from normal everyday activities to finding yourself in a police interrogation room being asked horrible questions about an event that you are clueless about. The way you react, and what you do to protect your rights in this critical time can mean the difference in the outcome of the charges. The following steps should be taken if you are ever falsely accused of any crime:

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Harsh Enforcement Tactics - States Stepping Up DUI Checkpoints

Thu, 26 Dec 2013 09:02:43 -0600

Driving under the influence is a major problem in the United States. According to the National Highway Transportation Safety Administration, over one-third of all drivers involved in fatal collisions had alcohol in their systems. Alcohol reduces the judgment and increases the reaction times of drivers behind the wheel. To help reduce the number of alcohol-related deaths, some states have implemented police checkpoints. Whether this is an appropriate measure is a matter of debate.

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Stopped for DWI in New York - What Difference Does Severity Make?

Thu, 26 Dec 2013 08:56:57 -0600

Drunk drivers endanger motorists and pedestrians with slower reflexes, diminished motor control, and poor judgment. However, not all impairment is equal. The extent to which a motorist is impaired hinges upon the level of intoxication. Motorists with higher blood alcohol contents are more seriously impaired; thus, they are more highly penalized. In New York, offenders face penalties that hinge upon their history and the extent of their intoxication.

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How To Have A DUI-Free Holiday

Thu, 26 Dec 2013 08:45:20 -0600

The holiday season is just around the corner which means it's only a matter of weeks before the party invitations go out. Before you accept those invitations, remember that you can ruin your seasonal celebrations by overindulging in alcohol. Drinking too much can lead to shame, embarrassment, and a DUI arrest if you get behind the wheel and drive.

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Can a DUI Prevent You From Getting Car Insurance?

Thu, 26 Dec 2013 07:50:59 -0600

If you have been convicted of driving under the influence (DUI) and successfully completed your sentence requirements, you can now start the process of restoring your driving privileges. Before you can get your driver's license restored, you must first purchase automobile insurance, and this may take some time because of your driving record.

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DUI: What Happens When the Arresting Officer Is a No-Show in Court

Mon, 23 Dec 2013 09:54:04 -0600

We've all been out and about in town only to realize that we may have had one too many drinks. Sadly, thousands of people end up charged with a DUI every day because they choose to drive after this realization. The arrest is often the only lesson that most people need to set them straight, but unfortunately, the legal consequences are still going to be harsh. It's important to note, however, that whether or not an arresting officer shows up for trial will have a strong bearing on the outcome of the case.

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Failing or Refusing a Breathalyzer Test in Arizona

Fri, 20 Dec 2013 13:25:20 -0600

If you are pulled over for suspicion of driving under the influence (DUI), the arresting officer will more than likely ask you to submit to a breathalyzer test in order to determine your blood alcohol content (BAC). When an individual finds himself in this situation, he or she can either take the test, or refuse to take it. However, each option comes with its own potential consequences.

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2nd DUI (OCGA 40-6-391) in 5 or 10 Years

Fri, 20 Dec 2013 11:53:55 -0600

The Sentence/Punishment Georgia, like all states, has a graduated degree of punishment for DUI convictions subsequent to one's first. The first thing to understand is that these metrics are not based on "lifetime" convictions.

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DUI - Think You Don't Need An Attorney? Think Again!

Fri, 20 Dec 2013 08:53:34 -0600

Driving under the influence is a serious matter. Intoxicated drivers kill thousands of motorists every year. To reduce these incidents, society harshly penalizes individuals who drive under the influence. Individuals accused of driving under the influence in Virginia should contact an attorney at the earliest opportunity.

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Tips for Finding a Criminal Defense Attorney

Thu, 19 Dec 2013 10:56:38 -0600

If you are in the position where you need an attorney, you might be highly stressed. You will be scared and if you have done something that might be wrong, you are probably panicking. This is where you are likely to make even more mistakes.

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In relation to careers in law, a number of graduates join large firms .. of Justice Studies have established careers in the criminal justice system.

 

Year 1 Year 3 Year 2 - UNSW LAW

 

Law, Lawyers and Society (6. UOC). Criminal Law. 2 (6 UOC). Torts (6 UOC). Contracts 2 (6. UOC). Administrativ e Law (6 UOC). Advanced. Legal. Research (2 ..

 

Australian Lawyers and Social Change – 30 .. - ANU College of Law

 

The focus of the conference was the role of law and lawyers in society, .. and society although then, as now, they were over-represented in the criminal justice ..

Professor Ben Saul - Sydney Law School - The University of Sydney

 

Saul, B, 'Terrorism and International Criminal Law: Questions of ... Without Lawyers' (2010) 17 Australian International Law Journal 299-302 ..

Law Prizes - Current Students @ UOW

 

Access Business Lawyers for Property and Trusts A; Alumni .. Prize for Criminal Law and Process B; Russell McLelland Brown Lawyers Prize ..

Lawyer: Future Students 2012

 

Lawyer. You have navigated to this page through: UWA Home · Future .. clients or presiding over civil and criminal law court proceedings.

 

Transfers Student - UNSW LAW

 

Law, Lawyers. 6. Admin Law. 6. Law, Lawyers. 6. Criminal Law 1. 6. Criminal Law 2. 6. Non-Law x 2. 12. Non-Law x 2. 12. Non-Law x 1. 6. Non-Law x 1. 6 ..

Legal Job Vacancies

 

To provide family law duty lawyer services at the Family Court and Federal ... The position will be primarily in the civil jurisdiction however criminal sittings occur ..

 

DEFENDING THE UNPOPULAR DOWN-UNDER

 

4 See Barbara Allen Babcock, 'Defending the Guilty' (1983–84) 32 Cleveland State Law Review. 175. Babcock was herself a criminal lawyer and former Director ..

 

Lawyer, Social Worker, Psychologist and More: The Role of .. - E Law

 

on those principles can place the lawyer in the position of bringing to the attention of their client the potential reasons for their contact with the criminal justice ..

Prosecutions Program - Faculty of Law @ UOW

 

Pursuing a Career in Criminal Law? .. specifically for lawyers working in (or aspiring to work in) criminal prosecutions, whether as a prosecutor ..

Law Journals - Legal Resources

 

Rankings based on number of citations, hosted by Washington & Lee Law School. ... Criminal Law Forum; Cyberspace Lawyer; De Paul Law Review; Delaware ..

UNSW JD program | UNSW LAW

 

Year 1, Semester 1, Foundations of Law · Criminal .. Business Associations 1 (6 UOC) · Law, Lawyers and Society (6 UOC) · Advanced Legal Research (2 UOC) ..

 

Access to justice: Lawyers' costs when acting pro bono in public ..

 

by K Lauchland - 2003 - lawyer Eric Vadarlis made application to the Federal Court of Australia to have the ... the fight to a fair trial being a central pillar of our criminal justice system.

 

The Criminal Law's Response to Domestic Violence: What's Going ..

 

by H DOUGLAS - - the operation of the criminal law in the domestic violence sphere and explores .. Attorney-General of Queensland and to the Queensland Police Service for ..

UniClassifieds @ Unicentre

 

Law - E. Ellis - 1st Ed - $15 Principles and Practice of Aust. .. and answers Criminal Law - 2009 - $40 Lawyers in Australia - Lamb + Littrich - 1st ..

 

27 January 2009 Assistant Secretary Criminal Law Branch Attorney ..

 

Criminal Law Branch. Attorney-General's Department. Criminal.Law@ag.gov.au. Submission on Spent Convictions Bill 2008. Principles behind ..

Page 7 - 125070 UNSW Faculty of Law JD Guide.indd

 

.. select,their,courses.,5,Sample,0nly,Foundations,of,Law,(O-week,classes),Semester,1,Criminal,Contracts,Public,Law,,Lawyers,&,Society,2,Torts,Administrative ..

Page 8 - 125070 UNSW Faculty of Law JD Guide.indd

 

.. ,of,Law,(O-week,classes),Semester,2,Torts,Contracts,1,Public,Law,,Lawyers .. ,a,Clerkship,next,Semester.,If,not,students,enrol,two,courses.,Criminal,Property, ..

2008 Academic Year Awards and Prizes - Faculty of Law @ UOW

 

Access Business Lawyers Prize for Property and Trusts A (LLB220/305) .. Law (LLB341); CTCP Prize for International Criminal Law (LLB3958) ..

DD Units - Lower Sec. - Law

 

Criminal law involves a situation in which a person has done something which is .. The prosecution lawyer or lawyers, who present evidence in favour of the ..

ECU | Accreditations and alliances : School of Law and Justice ..

 

The School of Law and Justice prides itself on its strong alliances with a range .. Tottle Partners Lawyers .. Data from DUMA is used to examine issues such as the relationship between drugs and property and violent crime, monitor patterns of ..

 

UNSW Faculty of Law 4763 B Criminology & Criminal Justice/LLB

 

LAWS1001 Criminal Law 1. 6 LAWS1011 Criminal Law 2. 6. SLSP2000 Political economy & the State. 6 LAWS1210 Law, Lawyers and Society. 6. SLSP2001 ..

Postgraduate Law @ Sydney - Welcome from the Dean - Future ..

 

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MORALITY AND THE COERCIVE PROCESS

 

by JV BARRY - - continued, "it has always struck me as odd that students of law and academic lawyers tend to avoid the criminal law, comparatively speaking, and interest ..

UNSW Handbook Course - The Essential Advocate: An Introduction ..

 

Pre-requisites are Law, Lawyers and Society; Litigation 1; Criminal Law 1. Completion of Litigation 2 and Criminal Law 2 is recommended but not required.

Master of Laws / Graduate Diploma in Law - Sydney Law School ..

 

160+ items – The University of Sydney - Sydney Law School Handbook ..

LAWS6011 Administrative Law

compulsory for MALP students

LAWS6014 Advanced Financing Techniques

A LAWS6038 or LAWS6046 or ..

Undergraduate Law @ Sydney - Combined Law - LLB - Future ..

 

Undergraduate Law @ Sydney - Combined Law - LLB .. as Contracts, Constitutional Law, Criminal Law, Corporate Law and International Law.

UNSW Handbook Course - Litigation 2 - LAWS2321

 

Faculty: Faculty of Law .. on and extends students' studies of Criminal and Civil Procedure in Litigation 1, Criminal Law 1 & 2 and Law, Lawyers and Society.

2007 Awards and Prizes - Faculty of Law @ UOW

 

Access Business Lawyers Prize for Property and Trusts A .. NSW Office of the Director of Public Prosecutions (ODPP) Prize for Criminal Law ..

Faculty of Law 2009 Academic Year Awards and Prizes - Faculty of ..

 

Access Business Lawyers Prize for Property and Trusts A .. for Revenue Law (LLB341); Centre for Transnational Crime Prevention (CTCP) ..

CRIMINAL CODE 1899

 

Interpretation of ch 2 Chapter 3--Application of criminal law 11. .... Particular references to an accused person include references to a lawyer acting for the ..

Master of Criminal Justice (coursework) (20510) Faculty of Law ..

 

The Master of Criminal Justice was established in 1998 in response to a .. background) and criminal justice practitioners (including lawyers, ..

 

Blockbuster appointment round brings new .. - ANU College of Law

 

studying environmental law at Cambridge. University; Wendy Kukulies-Smith, an. ANU law graduate and criminal lawyer; and. Helen Saunders, a Sydney ..

Free Legal Services / The University of Newcastle Legal Centre ..

 

Debt; Family law; Victim's compensation; Employment; Criminal law; Discrimination; Wills, powers of attorney, enduring guardianship; Motor vehicle accidents ..

Drumbl, Mark --- "International Criminal Law: Taking Stock of a Busy ..

 

by M DRUMBL - - Within the college of international law, an energetic, transnational and networked epistemic community of international criminal lawyers has arisen.

Subscription Journals - Legal Resources

 

These are available to all Deakin Law Staff and Students and other ... Cornell Law Review; Criminal Law Forum; Cyberspace Lawyer; De Paul ..

Professor Patricia Easteal : Faculty of Law : University of Canberra

 

Women Who Kill Violent Male Partners in Australia, Criminal Law Specialists Conference, CLE Department of the College of Law, Sydney: ..

 

Visit of the Hon John Dowd AO QC Annual Prize Night

 

prosecutor or defence lawyer. Students can enrol in the LLM (Criminal Prosecutions) or the. Graduate Certificate in Law (Criminal Prosecutions). Students are ..

CRIMINAL CODE 1899 - SECT 669A 669A Appeal by Attorney ..

 

CRIMINAL CODE 1899 - SECT 669A. 669A Appeal by Attorney-General .. (2) The Attorney-General may refer any point of law that has arisen at the trial upon ..

UNSW Handbook Course - Litigation 2 - JURD7221

 

Faculty: Faculty of Law .. on and extends students' studies of Criminal and Civil Procedure in Litigation 1, Criminal Law 1 & 2 and Law, Lawyers and Society.

Publications | UNSW LAW

 

The potential for Justice Reinvestment in reducing offending in Australian Indigenous communities”, presented at Extremes in Justice, Criminal Lawyers ..

 

The Challenge for Asian Jurisdictions in the Development of ..

 

by M Findlay - - The paper reviews the different frameworks for international criminal justice .... Revised Criminal Law' (Lawyers Committee for Human Rights, December 1998).

Page 10 - 125070 UNSW Faculty of Law JD Guide.indd

 

8,A,very,distinctive,feature,of,the,UNSW,JD,is,depth,study,law,we,provide,for .. ,concepts.,s,Foundations,Criminal,1,Contracts,Public,Law,,Lawyers,&,Society,2 ..

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 369

 

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 369. 369—References by Attorney-General. Nothing in this Part affects the prerogative of mercy but the ..

 

2011 ANZSIL CONFERENCE PROGRAMME .. - ANU College of Law

 

Anagha Joshi, Attorney-General's Department. The Role of International Law in State Building: A Case Study of the Struggle to Combat Transnational Crime in ..

Area of study | UNSW LAW

 

Criminal Law, Criminal Justice & Criminology. These related fields of study .. Graduate Diploma in Criminal Justice & Criminology .. Law, Lawyers and Society ..

1 Criminal Law Amendment CRIMINAL LAW AMENDMENT BILL ..

 

2 Criminal Law Amendment Administrative cost to Government of .. However, sometimes a duty lawyer or a private practitioner acting "pro bono" will act for the ..

Innocence Project - Australian Collaborative Education Network ..

 

Weekly student instruction by specialist criminal lawyers, Nyst Lawyers, is a feature of the Projects investigative process. All professional case-management ..

 

Law – Undergraduate Courses 2012 - James Cook University

 

Criminal Law. Criminal lawyers practise as solicitors and barristers in both government and private practice. Government departments and agencies such as ..

Areas of Practice Covered in the Practical Training Course (PTC)

 

Criminal Law is a compulsory practice area in the PTC because the advocacy skills developed in our Criminal Law topic are essential for entry-level lawyers.

JD courses | UNSW LAW

 

JURD7101, Criminal Law 1. JURD7110, Law, Lawyers & Society. JURD7111, Criminal Law 2. JURD7140, Public Law. JURD7152, Foundations of Law ..

 

Staff interests and availability for Research .. - ANU College of Law

 

psychology and corporate law, legal ethics, lawyer professional misconduct. Not available in semester 2,. 2011. Hambly, David Torts, criminal ..

QUT | Staff Profiles | Margaret Voight

 

 

Mrs - Faculty of Law, Legal PracticeOrdinary Committee Member – Women Lawyers Association of Queensland. .. practice (general practice, family law and criminal law), the Commonwealth ..

Admission to practise in Hong Kong : Law School Careers Office ..

 

Contract; Tort; Constitutional Law; Criminal Law; Land Law; Civil .. Foreign lawyers who have been admitted to practise law in a common law ..

Mr Anthony Hopkins : Faculty of Law : University of Canberra

 

He worked as a criminal and family lawyer at the Northern Territory Legal .. Anthony currently teaches Criminal Law and Procedure, Evidence ..

Tasmanian Institute of Law Enforcement Studies

 

This project is a component of the ARC project “The effectiveness of forensic science in the criminal justice system”. Abstract. Lawyers and the ..

 

The Integration of Victim Lawyers into the Adversarial Criminal Trial

 

by T Kirchengast - 2011 - further integrate the victim into the criminal justice system. In certain common law jurisdictions, victim lawyers may now represent the interests of the victim during ..

Hale, Andrew - College of Law

 

Had a general legal practice until 1990, and thereafter increasingly practiced in the areas of family and criminal law, often as an Independent Children's Lawyer.

Corporate Crime: What's the Difference Between Sharp Practice and ..

 

Corporate Crime: What Lawyers have been warned that keeping to the letter of the law may no longer be enough in commercial matters.

 

Lani Blackman, Representing Children and Young People: A ..

 

aspects of the lawyer/client relationship (Part 1), case management (Part 2), and aspects of specific jurisdictions - criminal law, family law, care and protection, ..

QUT | Law | Sponsored prizes/bursaries not requiering an ..

 

Central Queensland Law Association Bursary - Legal Foundations A, Central .. Gilshenan & Luton Prize - Fundamentals of Criminal Law ..

Shumei Hou - Griffith University

 

Refereed Journal Articles. 'The Defense Lawyer in the Scales of Chinese Criminal Justice (with Ron Keith)', The Journal of Contemporary China, accepted and ..

UNSW Handbook Program - Law - 4790

 

LAWS1001 Criminal Law 1 - 6 UOC LAWS1011 Criminal Law 2 - 6 UOC LAWS1160 Administrative Law - 6 UOC LAWS1210 Law, Lawyers & Society - 6 UOC ..

 

LEGAL ETHICS, PROFESSIONAL RESPONSIBILITY, ETC AT ..

 

responsibility of lawyers for access to justice and the special duties and roles of the criminal defence lawyer, the prosecutor, and the public interest lawyer.

UNSW JD program | UNSW LAW

 

Those with a law degree from a different legal system may also apply. UNSW Handbook: .. Year 1, Semester 1, Foundations of Law · Criminal Law 1 · Contracts ..

 

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