Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws
Article
Article Title | Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws |
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ERA Journal ID | 33243 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Deakin Law Review |
Journal Citation | 10 (1), pp. 177-207 |
Number of Pages | 31 |
Year | 2005 |
Place of Publication | Melbourne, Australia |
ISSN | 1321-3660 |
1835-9264 | |
Web Address (URL) | http://www.deakin.edu.au/buslaw/law/dlr/vol10_iss1.php |
Abstract | Preventive detention laws authorize courts to order the continued detention in prison of a person who has served their allocated term of imprisonment, but who are thought to be at risk of re-offending if released. They raise fundamental issues about the separation of powers, the purpose of incarceration, and the standard of proof which is/should be required to authorize detention. They assume that it is possible to predict, with a satisfactory rate |
Keywords | preventive detention laws; standard of proof; separation of powers; High Court of Australia; predictability of future behaviour; Fardon case |
ANZSRC Field of Research 2020 | 440203. Courts and sentencing |
480410. Legal theory, jurisprudence and legal interpretation | |
440202. Correctional theory, offender treatment and rehabilitation | |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | Department of Law |
https://research.usq.edu.au/item/9x7x2/standard-of-proof-unpredictable-behaviour-and-the-high-court-of-australia-s-verdict-on-preventive-detention-laws
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