Braun on 'A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?'

Professor Kerstin Braun of the University of Southern Queensland School of Law and Justice has published a new article titled 'A Tale of Podcasts and DNA Lab Failures -- Was Queensland's Double Jeopardy Law Reform the Answer?'  The article appears in Volume 47(3) of the Criminal Law Journal.  Here is the abstract:

"The double jeopardy rule protects persons from being tried and punished twice for the same offence. In Queensland, limited exceptions to this rule have been in operation since 2007. For example, an acquitted person can be retried for murder, where there is “fresh and compelling evidence”, and the re-trial is in the interests of justice. In 2023, after the discovery of DNA testing failures at a state-run Queensland forensic DNA laboratory, the Queensland government introduced a bill expanding these exceptions to additional offences. The bill became law in March 2024. This article ponders whether double jeopardy law reform was needed to respond to the DNA lab shortfalls. It considers the problem, how the new double jeopardy law reform responds to it and whether the introduced law is an appropriate remedy."

Hemming on 'Did They Do It? Six Notorious Australian Murder Trials'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has published a new book titled Did They Do It? Six Notorious Australian Murder Trials (LexisNexis, 2024).  Here is the publisher's description:

"In this engaging and insightful book, a leading expert in criminal law and procedure and evidence examines the trials of the accused in six high-profile Australian murder cases.

The author explores the matching of court room procedure to the evidence, considering the procedural, evidential and tactical decisions taken in each case, so that the reader has a better understanding of the significance of the choices made by counsel representing the Crown and the defendant during the trial process and how these choices may have affected the verdict. It also discusses the crimes with which each defendant was charged, the impact of delays, police investigations, media coverage, expert evidence, and judicial decisions leading to the final outcomes for each of the accused.

The six cases discussed were all subject to appeals – some successful and others not – and the book explains for the general reader why some appeals were upheld and others dismissed."

Braun on ‘Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?’

Professor Kerstin Braun of the University of Southern Queensland School of Law and Justice has published a new article titled 'Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?'  The article appears in Volume 31(3) of the Journal of Law and Medicine.  Here is the abstract:

"An increasing number of jurisdictions worldwide have enacted assisted dying laws allowing persons to end their lives with assistance. All existing frameworks have in common that they restrict access to persons who (1) act autonomously and (2) suffer from certain illnesses. The second restriction has been criticised on the basis that it makes judgments about which lives are worth living by only allowing persons with specific medical conditions, but not others, to die with assistance. To avoid such judgments, some scholars endorse an autonomy-only view which requires autonomy as the only necessary condition for assisted dying. After considering the criticism the second access restriction has attracted, this article analyses the complexities of enacting autonomy-only assisted dying laws using Germany as a case study. It concludes that the challenges this approach faces in practice will likely prevent autonomy-focused assisted dying frameworks from becoming law in the near future."

Sundra-Karean on Constitutional Reform in Malaysia

Dr Vanitha Sundra-Karean of the University of Southern Queensland School of Law and Justice has provided the Malaysia entry for the 2023 International Review of Constitutional Reform.

Crowe on ‘Contemporary Natural Law Theory: Finnis and Beyond’

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has published a new article titled 'Contemporary Natural Law Theory: Finnis and Beyond'.  The article appears in Volume 5(1) of the USQ Law Society Law Review.  Here is the abstract:

"One of the main factors driving the contemporary revival of natural law theory was the publication of John Finnis's important book, Natural Law and Natural Rights, in 1980.  This article begins by discussing some of Finnis's most enduring contributions to natural law thought.  I focus here on three main ideas: the central case methodology; the foundational role of basic goods; and the role of law in promoting the common good.  The article then moves to some significant developments in recent work on natural law theory.  I show how these developments have put pressure on the core components of Finnis's theory and discuss what they tell us about natural law thought beyond the Finnisian paradigm."

Martin on ‘Sustainability Constitutionalism: Adopting National Perspectives on Sustainability’

Associate Professor Rhett Martin of the University of Southern Queensland School of Law and Justice has published a new article titled 'Sustainability Constitutionalism: Adopting National Perspectives on Sustainability'.  The article appears in Volume 19(3) of the Journal of Strategic Innovation and Sustainability.  Here is the abstract:

"The development of environmental constitutional rights has provided important legal advances in procedure, standing, enforcement and remedies for matters concerning environmental protection and conservation. The constitutional textualization of environmental norms represents a significant development in both constitutional and environmental law, as well as providing a powerful impetus for cross-disciplinary research. These developments have not been mirrored to the same extent with sustainability thresholds and practices. Just as environmental rights are a legitimate avenue for constitutional protection, this article argues a similar position should accord to sustainability rights in constitutions by constitutional textualization of sustainability standards and thresholds. Achieving this constitutional recognition ensures sustainability has a national agenda for a sustainable future."