Not Much Of A Bargain
Once upon a time, if you did the crime you did the time. If not, you walked. Nowadays, it can be somewhat more complicated. The practice of criminal law in Australia is increasingly embracing the time-honoured US model of down-and-dirty, pragmatic plea-bargaining deals between prosecution and defence, aimed at achieving a compromise acceptable to both parties. And in recent years Australian courts have tacitly encouraged that process by routinely offering discounted penalties to those who arrive at an early decision to plead guilty on mutually-agreed facts.
Predictive Policing
Robot judges in Estonia? American AI sentencing criminals to prison? Computers predicting crimes before they even happen? One may be forgiven for thinking such concepts come straight from a science fiction novel, or the rabid rantings of an online conspiracy theorist. The truth is they are all part of today’s reality. And it looks like it’s only a matter of time before concepts like predictive policing and artificial intelligence will be an everyday feature of justice systems worldwide.
Secret X Files
This week Sky News aired the explosive documentary “Lawyer X: The Untold Story”, recounting the sorry tale of the now-notorious double-dealings of former Melbourne Barrister, Nicola Gobbo.
High Time For Reform?
A common submission by Queensland defence lawyers representing drug-driving offenders goes something like this: “My client had not in fact smoked cannabis for several days prior to driving, but hangover traces of the drug must have remained in his system, unbeknownst to him.”
Mea Culpa
They say confession is good for the soul. That may be so, but sometimes it seems there’s a whole lot of things it’s not nearly so good for. Just ask Liam Neeson.
Politics, Sex and Religion
It’s often said one should never discuss politics, sex or religion at a dinner party. The latest news out of the Wonderful World of the Public Service certainly seems to attest to the wisdom of that simple sentiment.
Trial By Fyre
A brand new Netflix documentary doing the rounds right now has sparked a maelstrom of controversy around the ethical and legal culpability of “social media influencers” in advertising and promoting business brands for profit. The disaster-doco “FYRE: The Greatest Party That Never Happened” tells the sorry story of the exploits of Billy McFarland, the mastermind behind the failed 2017 “luxury music festival” FYRE.
Pre-Nuptial Bliss
The latest news about Jeff Bezos, the founder and CEO of Amazon and Forbes Rich List’s wealthiest person in the world, could have a lot of people re-thinking whether a timely prenuptial agreement may just be a very good idea. Bezos, whose net worth is estimated to be, on last count, around $136.7 billion, announced earlier this month that he and his wife, MacKenzie Bezos, are heading for the divorce courts. And guess what – they don’t have a pre-nup in place. That means some judge is going to have to work out who gets what, and there’s a whole big bunch of lollies on the table.
Entertainment -v- Evidence
The concept of an impartial jury is central to the operation of our criminal justice system. For hundreds of years we have put our faith in those twelve ordinarily citizens, unbiased and unswayed by extraneous and irrelevant considerations, to stand as the fail-safe system and last line of defence between citizen and state. But of course the key part of that concept is impartiality. For any accused person to have a fair trial, the jury that deliberates on their guilt or innocence must be entirely unbiased and undistracted by any influence beyond the evidence adduced in court.
A Tough Job
Before you can become a plumber or a carpenter you have to undertake years of technical training, work under close and exacting supervision, sit for exams, and earn your ticket. No one gets to be a doctor, lawyer or accountant unless they first qualify for university, then study day and night for years, sit regular and sometimes arduous examinations, and pass with flying colours. But to become a parent, all you have to do is find a partner, cross your fingers, and hope for the best.
In The Company Of Heroes
On 11 November 1918, at the French town of Compiegne, high-ranking officers of the Entente, the coalition that opposed the Central Powers of Germany, Austro-Hungary, the Ottoman Empire and Bulgaria during World War 1, signed an armistice with Germany, ceasing all hostilities on the Western Front. At eleven o’clock on that morning – the eleventh hour of the eleventh day of the eleventh month – the guns finally fell silent, after four long years of unprecedented slaughter. The first global war had left an estimated 40 million casualties, including over 200,000 young Australians killed or wounded in action. It became known as “The War to End All Wars.” Unfortunately, it wasn’t.
A Meal Eaten Cold
The Italians say Revenge is a meal that’s best eaten cold. I guess Jimmy Bulger would have agreed.
James Joseph Bulger Junior grew up in abject poverty on the dirt-poor streets of South Boston in the 1930’s and 40’s, along with his two younger brothers, William, better known as “Billy,” and the baby, John, whom the Bulgers dubbed “Jackie.” Billy and Jackie were good boys who worked hard at school and excelled, but Jimmy was a tough street scrapper who succumbed to the lure of the streets. While Jackie went on to become a court magistrate, and Billy a lawyer and eventually Democratic Senator William Michael Bulger, the longest-serving President of the Massachusetts Senate, Jimmy was a career criminal, a ruthless gangster and organised crime boss, leader of Boston’s infamous Winter Hill Gang. The local cops nicknamed him “Whitey” because of his blond head of hair. Jimmy hated the name, but it was a tag that stuck to him all his life.