The Cartel: Lawyers and Their Nine Magic TricksThis critique of the Australian legal system argues that the present system often obstructs justice, that common law does not seek the truth and that trials are not designed to achieve a just outcome . Discusses topics such as the jury system, civil litigation, the right of silence, the adversary system and the doctrine of precedent. Includes references and an index. The author is a journalist with 'The Australian'. He was five times winner of the Walkley Award for National Journalism and author of 'Can of Worms' 'Amazing Scenes' and 'Trial by Voodoo'. |
Contents
Acknowledgements | 9 |
Part I | 24 |
Magic Trick 1 The Unimportance of Truth | 33 |
Claims that the Common Law Does Seek the Truth | 44 |
Why Judges Cant Seem to Think Straight | 52 |
Oligarchy Corruption and Lord | 59 |
How Defence | 75 |
Lord Thankerton Knits Lord Coleridge Sleeps | 82 |
Magic Trick 7 A Confusing Formula for | 135 |
Magic Trick 9 Tom Clarks Exclusionary Rule | 146 |
Ninian Stephens Middle of the Road | 154 |
How Many Guilty Get Off? | 162 |
There Are No FoxHunters | 175 |
France Japan Belgium | 184 |
Italy Germany | 190 |
France Germany Italy | 196 |
The Adversary System in Action | 94 |
How Defence Lawyers | 104 |
For and Against | 114 |
The Right of Silence in Action | 117 |
Error Entombed in the US Constitution | 123 |
Magic Trick 6 The Rule Against Hearsay | 129 |
Common terms and phrases
18th century accused adversary system Appeal Court bench Birmingham Six Blackstone cartel charged Chief Justice client Commission common law common law countries common lawyers concealing evidence convicted corrupt Court of Appeal Cowdery crime criminal justice system criminal trial cross-examination defence lawyers defense counsel dossier England English European examination exclusionary rule expert fact fact-gathering fair Garfield Barwick Geoffrey Davies German Guildford Four guilty hear hearsay Herbert ICAC innocent inquiry inquisitorial system invented John Langbein Judge Healy Judge Rothwax judicial juge jurors Langbein says lawyers lawyers and judges lay judges legal system Lewis libel law Lionel Murphy Lord Ludovic Kennedy Mafia Magic Trick magistrate malady Mansfield McKillop says Michael Michael Kirby miscarriages murder noted O.J. Simpson offence oppression organised criminals Parliament police pre-trial investigation prison privilege against self-incrimination Professor prosecution prosecutor questions reasonable Reform reported right of silence rules for concealing Supreme Court suspect Sydney verdict victim Whitton witnesses
References to this book
Scandals: Media, Politics & Corruption in Contemporary Australia Rodney Tiffen No preview available - 1999 |