Identification of a suspect before being charged

Authored book


Burgess, Craig. 2008. Identification of a suspect before being charged. Saarbrucken, Germany. VDM Verlag Dr. Muller.
Book Title

Identification of a suspect before being charged

Book CategoryAuthored book
ERA Publisher ID3717
Authors
AuthorBurgess, Craig
Number of Pages203
Year2008
PublisherVDM Verlag Dr. Muller
Place of PublicationSaarbrucken, Germany
ISBN9783639062403
Web Address (URL)http://www.vdm-verlag.de
Abstract

Identification of a person suspected of a heinous crime before being charged risks prejudicing a fair trial. Present laws place this type of publicity outside the reach of sub judice contempt. This thesis argues there should be a change in the law of sub judice contempt making it an offence for the media to publish the fact that a person is under investigation until the person has been charged.

Keywordscontempt of court; subjudice; naming suspects before charge; effect of prejudicial pre-trial publicity; influence on jurors; memory; freedom of speech; open justice; public interest; public safety; fair trial; evidential problems; remedies for prejudicial publicity; preferred approach
ANZSRC Field of Research 2020500105. Legal ethics
500104. Human rights and justice issues (excl. law)
470107. Media studies
520103. Forensic psychology
Public Notes

Permanent restricted access to paper due to publisher copyright restrictions. Originally presented as a thesis (LL.M.) to the Faculty of Law, Queensland University of Technology, in 2005.

Byline AffiliationsSchool of Law
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https://research.usq.edu.au/item/9ywx1/identification-of-a-suspect-before-being-charged

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Related outputs

Prejudicial publicity: when will it ever result in a permanent stay of proceedings?
Burgess, Craig N.. 2009. "Prejudicial publicity: when will it ever result in a permanent stay of proceedings?" University of Tasmania Law Review. 28 (1), pp. 63-80.
Judicial immunity - right or wrong?
Burgess, Craig. 2006. "Judicial immunity - right or wrong?" Alternative Law JournalĀ . 31 (1), pp. 39-40.
Courts split over FOI defamation threat to whistleblowers
Burgess, Craig N.. 2003. "Courts split over FOI defamation threat to whistleblowers." Freedom of Information Review.
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Burgess, Craig. 2007. "Can 'Dr Death' receive a fair trial?" QUT Law Review. 7 (1), pp. 16-29.