CLA
Civil Liberties Australia
- Printed on Thursday 24 May 2012 from http://www.cla.asn.au/0805/index.php/criminal/
CLA's policy on criminal justice
All Australians are entitled to protection from arbitrary arrest and unnecessary detention; to a fair, speedy and public trial; to be presumed innocent until proven guilty, and to legal advice and representation.

Sentencing should be based on the principle of rehabilitation wherever possible.

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Criminal justice

Let the church be first among equals

Article posted on Sunday 13 May 2012

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

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Eastman: innocence lost…but was justice
itself also victim of the judicial process?

Article posted on Friday 04 May 2012

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.

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Last 'assembly' law did not work, nor will this one

Article posted on Saturday 28 April 2012

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.

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'Rough justice' for Irish emigre

Article posted on Sunday 08 April 2012

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.

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Bush: 'We are allowing illicit drugs to
criminalise and kill our children'

Article posted on Friday 06 April 2012

ecstasyThe 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.

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New laws take us toward centralised control

Article posted on Friday 10 February 2012

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.

Read CLA's Opening Statement and Submission »...

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Extradition to US is doubly doubtful

Article posted on Wednesday 18 January 2012

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'.

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Prevent assault, rather than investigate later

Article posted on Monday 16 January 2012

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.

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Law & order adjudged to need evidence

Article posted on Tuesday 10 January 2012

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.

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Moti: Australia on trial..and guilty as hell

Article posted on Thursday 08 December 2011

Julian MotiThe 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.

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Bail law reform should follow declaration

Article posted on Thursday 01 December 2011

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.

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Nashiri: US torture of legality continues

Article posted on Friday 11 November 2011

USS ColeThe 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.

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Shoppers face (secret) camera evaluation

Article posted on Wednesday 09 November 2011

CCTVAs 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.

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It's official! Big Brother sees red...
and tells a few porkies

Article posted on Monday 07 November 2011

Souther Brigade - Deployment 3 (c) T. Rayfield 2009The 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.

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Phone tapping being used to enforce fines

Article posted on Thursday 03 November 2011

Phoen TappingPhone 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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