Gray, Anthony (2005) Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws. Deakin Law Review, 10 (1). pp. 177-207. ISSN 1321-3660
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Abstract
Preventive detention laws authorize courts to order the continued detention in prison of a person who has served their allocated term of imprisonment, but who are thought to be at risk of re-offending if released. They raise fundamental issues about the separation of powers, the purpose of incarceration, and the standard of proof which is/should be required to authorize detention. They assume that it is possible to predict, with a satisfactory rate
of success, whether or not a past offender would if released commit further offences. Recently, a majority of the High Court of Australia validated such legislation. The author in this article explains his reasons for disagreeing
with the verdict of the Court in this matter.
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Item Type: | Article (Commonwealth Reporting Category C) |
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Refereed: | Yes |
Item Status: | Live Archive |
Additional Information: | Deposited with permission of publisher. |
Faculty/School / Institute/Centre: | Historic - Faculty of Business - Department of Law (Up to 31 Mar 2007) |
Faculty/School / Institute/Centre: | Historic - Faculty of Business - Department of Law (Up to 31 Mar 2007) |
Date Deposited: | 11 Oct 2007 00:17 |
Last Modified: | 12 Jun 2016 23:21 |
Uncontrolled Keywords: | preventive detention laws; standard of proof; separation of powers; High Court of Australia; predictability of future behaviour; Fardon case |
Fields of Research (2008): | 16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing 18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation 16 Studies in Human Society > 1602 Criminology > 160202 Correctional Theory, Offender Treatment and Rehabilitation |
Socio-Economic Objectives (2008): | C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940408 Rehabilitation and Correctional Services |
URI: | http://eprints.usq.edu.au/id/eprint/221 |
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