People Power
For the past couple of months, I have been receiving messages and calls from concerned relatives and friends back home in Malaysia wanting to know whether I have been affected by the recent bushfires. Thankfully, like most Gold Coasters, I wasn’t physically confronted by the crisis, but of course we have all been touched by the devastating news of loss and destruction suffered by so many around us. It is awful to think the fires have claimed lives, destroyed homes, impacted at least a billion animals, and laid to waste more than 25 million acres of land.
A Right To Know
Don’t you sometimes miss the good, old-fashioned Moral High Ground?
As a post-war baby, the world I was born into seemed a brave and righteous one. Our fathers had just fought and died to free us all from fascism and oppression. The world had paid a terrible price, but it was all worth it. In the end we won, and the Bad Guys lost.
The Means To The End
About ten years before the birth of Christ the great Roman poet Publius Ovidius Naso, in his collection of epistolary poems known as The Heroides, coined the Latin phrase Exitus acta probat, which translates roughly to the often-quoted mantra ‘The end justifies the means’. It is a sentiment celebrated by the Italian Renaissance writer Niccolo Machiavelli in the 1500’s and enthusiastically embraced by a long list of authoritarian dictators throughout history. Thankfully, it has no place in the criminal justice system of any modern western democracy.
The Shame Game
China has yet again cemented its reputation as the great 21st-century innovator by coming up with a novel new way of convincing its citizens to honour their legal and community responsibilities. In the interests of encouraging wayward debtors to pay their dues, Chinese Authorities have devised a none-too-subtle system of naming and shaming them by projecting their names and faces onto movie screens across the country, including recently during the previews to the worldwide smash hit movie Avengers: Endgame.
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.
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.”
Justice Denied
Between January 2013 and December 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse heard evidence revealing that for generations many of our educational and other institutions presided over the systemic abuse of countless defenceless children. Tragically, most of those children, racked with shame, guilt and self-doubt, kept that abuse hidden from sight in deep, dark and destructive secrecy for decades. Some never whispered a word.
Migration Balance
Migration continues to feature as a red hot topic for debate on the Australian political landscape, particularly in the context of the looming Federal election.
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.
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.
A Certain Uncertainty
It has long been accepted that the element of certainty is essential to the rule of law. Long-standing legal principle dictates that the law should be certain and accessible, so it can be easily enforced and people can know where they stand. But in an ever more complicated world, that task is becoming increasingly complex.