Reconciliation: Challenges for Australian law.
by Nettheim, Garth
June 4, 2015
Source: (2001) Australian Journal of Human Rights. 7(1): 47-76. Downloaded 16 November 2005. In recent years, various kinds of truth and reconciliation commissions have been conducted to address injustices and human rights violations in many countries. The best known example may be the South...
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The question of an apology: Reconciliation and civility.
by Grace, Damien
June 4, 2015
Source: (2001) Australian Journal of Human Rights. 7(1): 77-90. Downloaded 16 November 2005. Reconciliation is a complicated but not intractable matter. Its realisation will depend on context, history, and a desired destination. If it were like a contract, then we might look to the terms of...
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Opening a Circle of Hope: The NSW Government Review of Circle Sentencing.
by Schwartz, Melanie
June 4, 2015
Source: (2004) Indigenous Law Bulletin. 5(29): 4. Downloaded 16 November 2005. Circle Sentencing was introduced in Nowra, NSW as a pilot program in February 2002. While the law has been one of the primary tools of dispossession and disadvantage for Aboriginal people, circle sentencing aims to...
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Judicial Independence, Transitional Justice and the Rule of Law.
by Dyzenhaus, David
June 4, 2015
Source: (2003) Otago Law Review. 10(3):345-370. Downloaded 16 November 2005. According to David Dyzenhaus, one of the fastest growing areas of academic study in humanities, social sciences, and law is the topic of transitional justice. Study of this area includes a number of theoretical and...
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The Challenge of a Global Standard of Justice: Peace, Pluralism, and Punishment at the International Criminal Court.
by Blumenson, Eric D.
June 4, 2015
Source: (2005) Paper. October 15. Social Science Research Network, SSRN eLibrary. Downloaded 16 November 2005. This article addresses what is often described as the ‘peace versus justice’ problem, as it confronts the recently-established International Criminal Court. The problem...
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The Failure of the International Laws of War and the Role of Art and Story-Telling as a Self-Help Remedy for Restorative Justice.
by Tiefenbrun, Susan
June 4, 2015
Source: (2005) TJSL Legal Studies Research Paper No. 05-15, Thomas Jefferson School of Law. Texas Wesleyan Law Review. 12(1). Abstract: This interdisciplinary study is an in-depth analysis of a book and a film, The Pianist, written by a survivor of the Warsaw Ghetto uprising and the Warsaw...
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Restorative Justice: A New Paradigm for Criminal Justice Policy.
by Schmid, Donald J
June 4, 2015
Source: (2003) Victoria University of Wellington Law Review. 34(1): 91. Downloaded 16 November 2005. In this article, Donald Schmid reviews trends towards restorative justice across several common law jurisdictions, most notably New Zealand and the United States. He examines different models...
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R v Qutami.
by Chief Justice Spigelman, Michael
June 4, 2015
Source: (2001) NSWCCA 353 (28 June). New South Wales Court of Criminal Appeal. Downloaded 16 November 2005. In Regina v. Hami Qutami, the Crown or government appealed against the sentence imposed by the District Court upon Hami Qutami for the offense of soliciting to murder. The District Court...
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Regina v Moloney.
by Grove, Michael
June 4, 2015
Source: (2004) NSWSC 477 (28 May). New South Wales Supreme Court. Downloaded 16 November 2005. I turn to some subjective matters. You will be 40 years of age in two days time. You have a criminal record which acts as a counter to leniency which otherwise might be extended to you. They are...
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Police v Pili.
by Chief Justice of Samoa, Vincent
June 4, 2015
Source: (2005) WSSC 9 (8th August). Supreme Court of Samoa. Downloaded 15 November 2005. The accused’s family had also performed a ifoga (traditional formal apology) and it was accepted by the family of the deceased. The accused’s family had also presented a large pig and thirty...
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Police v Phillip.
by Justice Wilson, Vincent
June 4, 2015
Source: (1999) WSSC 1 (21st April). Supreme Court of Samoa. Downloaded 15 November 2005. I have read the helpful Pre-sentence Report prepared by the Probation Officer. I have read the many references that have been submitted, including one from your daughter. The references amount to an...
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Public Prosecutor v Sablan.
by Lunabek, Vincent
June 4, 2015
Source: (2003) VUSC 37; Criminal Case No 020 of 2003 (3rd July). Supreme Court of the Republic of Vanuatu. Downloaded 15 November 2005. 2. The victim girl was seriously affected. It was very painful for her to give evidence against her father doing the trial. Since there is no specific...
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Police v Tafiligia.
by Chief Justice of Samoa, Steve
June 4, 2015
Source: (2005) WSSC 13 (26th August). Supreme Court of Samoa. Downloaded 15 November 2005. In his plea in mitigation, the accused expressed remorsefulness for what he has done. He also expressed remorsefulness to the probation service. He is very worried and concerned about the outcome of this...
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Police v Tiapu’u.
by Justice Wilson, Steve
June 4, 2015
Source: (1999) WSSC 6 (24th June). Supreme Court of Samoa. Downloaded 15 November 2005. Sentencing remarks in a case of manslaughter. In giving a rationale for the sentence, the judge references the offenders active responsibility in going through traditional restitution and reconciliation...
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Police v Crichton.
by Justice Wilson, Steve
June 4, 2015
Source: (1999) WSSC 10 (23rd July). Supreme Court of Samoa. Downloaded 15 November 2005. I do take into account the fact that you pleaded guilty, that you are remorseful, and that a traditional apology (ifoga) has been given and accepted. However, this is not a case in which that fact and the...
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