Can 'Dr Death' receive a fair trial?

Burgess, Craig (2007) Can 'Dr Death' receive a fair trial? Queensland University of Technology Law and Justice Journal, 7 (1). pp. 16-29. ISSN 1445-6230


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Identification of a person suspected of a heinous crime before being charged risks prejudicing a fair trial. The identification of rogue former Queensland surgeon Dr jayant Patel is but one recent example. Present laws place this type of negative publicity outside the reach of sub judice contempt. This article argues there should be a change in the law making it an offence for the media to publish the fact that a person is under investigation until the person has been charged.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: The original article has been published in the QUT Law and Justice Journal 2007, 7(1), 16-29. The article as it appears at that site is the only authorised version of this article. The copyright in the print and electronic appearance of the article are held by QUT and the copyright in the content of the article is held by the author.
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 31 Oct 2007 05:12
Last Modified: 02 Jul 2013 22:50
Uncontrolled Keywords: contempt of court, naming suspects before charge, effect of prejudicial pre-trial publicity, influence on jurors, memory, freedom of speech, open justice, public interest, public safety, fair trial, evidential problems, remedies for prejudicial publicity, preferred approach
Fields of Research : 16 Studies in Human Society > 1605 Policy and Administration > 160503 Communications and Media Policy
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
18 Law and Legal Studies > 1801 Law > 180102 Access to Justice

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