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NCJ Number: 147740 Find in a Library
Title: CAN THE VICTORIAN PARLIAMENT ABOLISH FUNDAMENTAL RIGHTS? (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 67-79, SALLY-ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)
Author(s): B Keon-Cohen
Date Published: 1993
Page Count: 13
Sponsoring Agency: Criminal Justice Press/Willow Tree Press
Sale Source: Criminal Justice Press/Willow Tree Press
,
United States of America
Type: Survey
Language: English
Country: Australia
Annotation: The Community Protection Act 1990, passed by the Parliament of Victoria (Australia) in order to keep a certain violent offender in preventive detention, raises many legal and ethical issues including the influence of the tabloid press, the proper role and responsibilities of the Parliament as against the judiciary, and the laws and procedures designed to punish and rehabilitate criminals and care for and treat the mentally ill.
Abstract: The constitutionality of this Act is examined in terms of the fundamental civil rights established in Australian common law and the doctrine of separation of powers. The principles which underlie the fabric of the Australian criminal justice system, and which cannot be curtailed by Parliament, include the rights not to be the subject of arbitrary arrest or detention, not to be subject to cruel or unusual punishment, to have a fair trial, and to obtain equal protection of the law. This author argues that the Act is unconstitutional according to these criteria and usurps judicial powers beyond the authority of the Parliament. 3 references and 2 appendixes
Main Term(s): Courts
Index Term(s): Corrections; Crime prevention planning; Criminology; Dangerousness; Foreign courts; Preventive detention; Psychopaths; Victoria; Violent offenders
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=147740

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