Year: 2024
Type: article
Abstract: Kathleen Folbigg’s recent acquittals for multiple homicides have rekindled the debate over the adequacy of post-conviction review in Australia. This article explores the constraints of the finality principle and the appellate system in Australia in addressing potential wrongful convictions, including the impact of managerialist policies. The authors discuss the limitations of an independent criminal case review commission model. They argue that the debate should be centred on the inadequacy of legal aid as a significant risk factor for wrongful convictions, the need for less restrictive appeal criteria, and developing consistent and transparent processes for the retention and retrieval of evidence.
Source: Alternative Law Journal
Authors: Michele Ruyters, Jarryd Bartle
Institution: RMIT University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,450
OpenAlex ID: W4403393790