Sentencing should be based on the principle of rehabilitation wherever possible.
In relation to anti-assocation laws in WA and other states: if the proposed clauses are made into law, then maybe the Catholic Church could be considered for the first case – doesn't the criminal activity of some of their clergy potentially put the church in the class of organization as defined in the proposed legislation?
Or is this proposed legislation only for people/organizations the government or police want to act against for their own reasons, or for political advantage?
Who is brave enough to promote such an alternate view, and propose that the state take action against the church (now I know how the Jews felt, and understand what Niemoller said).
– John Black, Melbourne
When a policeman is murdered, there's a rush to capture the culprit. That's what happened when the Assistant Commissioner of the AFP, Colin Winchester, was shot in the head in his own suburban street in Canberra 23 years ago. But was there too much rush, is the wrong man in jail? asks CLA member Howard Carew.
Dear Editor: your report (Bikie laws blow to club freedom) by Natasha Boddy. I support the veteran motorcycle club of WA joining a campaign against the proposed anti-bikie laws currently being debated in State Parliament. The laws go against the spirit of the Australian Constitution, which gives us all right of association.
Editor, The West Australian: I respond to your report “Extradition appeal fails” by Belle Taylor. Since 2004 Mr Vincent T. O’Donoghue has fought being sent back to Ireland over an alleged $100,000 cheque scam (TWA Apr 3.) According to Mr O’Donoghue in a letter to me dated 4 Sept 2011, he is a 60-year-old retired lawyer from Dublin. He arrived in Australia in 2002 with his wife and one child, and now has three more children. Mr O’Donoghue has been fighting extradition back to Ireland since 2004, and was on bail for over five years without breach. In April 2009 he was found eligible for extradition, his bail was cancelled and no consideration was given to his wife and four children, and has been in custody in Hakea prison ever since.
The drug "war" is yet another example of hyperbolic rhetoric where political and law enforcement public relations spin has replaced practical analysis and fiscal common sense. When 'the powers-that-be' realise that the basis for tackling drugs should be economic savings to the nation – with improved health and crime prevention benefits as a by-product – we might start to get somewhere, Bill Bush writes.
New criminal laws are taking Australia significantly further down a path where citizens' lives are administered by a centralised database accessed by police and a security elite, CLA's CEO Bill Rowlings has told a parliamentary committee. Increasingly intrusive legislation is stripping away layers of personal privacy. It is time for a major national inquiry, CLA believes...the one proposed in our Australia Day letter to the Prime Minister.
Mark Summerfield, a patent attorney, analyses the current UK alleged piracy/copyright extradition case with major international ramifications. As well, there's links to the NYT coverage of proposed new US laws which are even more draconian, and to an SMH story of the real-life experience of an Australian extradited and jailed in the US for a similar 'offence'.
People found innocent in court are fully exonerated, and should be treated that way, CLA's Rex Widerstrom says. With the hideous offence of sexual assault of children, it is better to focus more resources on programs to prevent the crime rather than to concentrate on police task force investigation after the event, he says.
Just like any other government initiative, law and order measures – such as extra police, tougher penalties, etc – should be evaluated for cost-benefit success or cost-effectiveness by an independent agency, says crime bureau chief Don Weatherburn. And he says, we need a better informed public and more rigorous scrutiny by the media.
The High Court has ruled that the Australian government – diplomats and police mainly – abused legal processes in assisting the deportation of Julian Moti, former Attorney-General of the Solomon Islands, to Brisbane to face age sex tourism charges. Moti is now free to seek an apology and compensation for the politically-inspired misery visited on him for four years. The Moti Farce marked a low point for the Howard/Downer axis in foreign affairs, writes CLA's CEO, Bill Rowlings.
Human rights law works best when it tweaks the ordinary law to be more uniform, fair, and understandable by the average citizen. In the ACT, the Legislative Assembly has its first chance to achieve those tri-aims by reforming the Bail Act: Human Rights Commissioner Dr Helen Watchirs makes out the case for positive legislative action.
The USA is twisting time and reality – and torturing its own legal system – in trying to prosecute a man, Nashiri, before a military commission for a "war crime". The Saudi allegedly masterminded the bomb attack on the USS Cole warship in a Yemeni port in October 2000, which killed 17 Americans. He has been held for a decade, half of it in secret CIA prisons around the world, before finally being charged.
As each week passes, slick salespeople flog new "miracle" surveillance cameras. Here, a report indicates national chain stores are installing devices that analyse shoppers emotions, pick their gender, guess their age, deduce their mood. As CLA's National Media Director, Tim Vines, points out, shops infringe people's privacy if a person's image is used for a purpose they are not aware of.
The federal government has created another secret database where people merely "suspected" of arson will be tagged and flagged, to be hounded throughout summer if as much as a match strikes in their suburb. CLA is concerned that 'mates' will put mates' names down as a prank, neighbours in dispute will add the name of someone they don't like to the database: the traditional right of "innocent until proven guilty" is being trashed by governments in Australia.
Phone data access being used to enforce fines
Police and crime agencies tapped people's phones and electronic equipment at the rate of about 10 a day last year – 3488 warrants were issued – while nearly 600 surveillance devices (10 a week) went into operation around Australia. Surveillance is on the rise, and privileged access to phone data is also increasingly being used for mundane activities such as collecting council fines and enforcing the dog act, via RSPCAs.
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