Thesis (MPsych(Clin))--University of South Australia, 1998

[Abstract]Determining the boundaries of the modern criminal law have become a difficult issue, particulary as 21st century criminal law struggles to deal with the widespread use of technology such as digital cameras, mobile phone cameras, video cameras, web cams, the Internet, email and blogosphere, privacy concerns and shifts in modern culture. This thesis discusses making and/or distributing visual recording, and issues which arise with the criminalisation of this conduct. Whilst various national and international jurisdictions have legislated in this regard, their responses have been inconsistent, and this thesis therefore takes a principled approach to examining the criminalisation of such conduct, examining constructs of privacy, harm, morality, culpability, punishment, social welfare and respect for individual autonomy. In framing criminal offences around this conduct, this thesis suggessts that the criminal law should respect the consent of the person visually recorded and consider the subjective culpability of the person making and/or distributing the visual recording.

Since its first use in criminal investigations in 1987, DNA profiling has become the new gold standard for investigations and prosecutions. Academics, politicians and law enforcement officials have presented DNA evidence as a ??scientific hero?? that is capable of solving crimes and preventing miscarriages of justice. However, in spite of this reputation, few studies have explored the impact of this technology on criminal justice practitioners, or on the process of investigating and processing criminal offences. This dissertation provides a comparative study of the use of DNA profiling in two jurisdictions: New South Wales (NSW) in Australia and the Thames Valley in the United Kingdom (UK). Interviews canvassed the perspectives and experiences of police officers, scene of crime officers (SOCOs), forensic scientists, criminal lawyers, and judicial officers from these areas. These interviews were analysed in conjunction with appeal judgments and police statistics to reveal how DNA evidence has been used in the NSW and Thames Valley. The research presented in this dissertation indicates that DNA profiling is having a number of far-reaching effects on both criminal justice systems and is seen as a reliable forensic tool by criminal justice practitioners. Practitioners routinely use DNA evidence throughout the various stages of the criminal justice process and are actively changing their practices to utilise the technology more effectively. One of the main impacts of the introduction of DNA evidence into criminal investigations has been the need to provide substantial resources and infrastructure for the collection, analysis, and storage of samples. Both jurisdictions encountered a number of problems because they provided insufficient resources to effectively use DNA profiling. This study also offers insight into how criminal justice practitioners perceive the dangers of using DNA evidence and how miscarriages of justice can occur. Finally, through an analysis of the combined experiences of criminal justice practitioners, this dissertation challenges the widespread acceptance and routine use of forensic DNA profiling. It further suggests that it is now time to re-consider current practices in relation to how resources are devoted to the technology, and how criminal justice practitioners are using the technology.

This thesis is concerned with ‘international criminal law’. It examines the historical development of this body of law. This thesis also examines the record of enforcement of international criminal law. Historically the enforcement of international criminal law has primarily been a matter for states. States possess the capacity and lawful means of coercion necessary to enforce the criminal law. On occasions states have acted in concert with other states to enforce international criminal law by means of international criminal tribunals.

Thesis (Honours Equivalent)--University of Newcastle, 1974. / Department of Psychology. Also available online.

Inaug.-Diss. -- Erlangen. / Includes bibliographical references (p. 63-64).

Thesis (LL. M.)--Judge Advocate General's School, 1956. / "May 1956." Typescript. Includes bibliographical references. Also issued in microfiche.

Thesis (D.Psych.)(Forensic)--University of Melbourne, Dept. of Psychology and Dept. of Criminology, 2006. / Typescript. Includes bibliographical references (leaves 159-176).

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, 2003. / Includes bibliographical references. Also available online.

Thesis (M.A,)--George Mason University, 2008. / Vita: p. 107. Thesis director: Jon B. Gould. Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Justice, Law and Crime Policy. Title from PDF t.p. (viewed Aug. 28, 2008). Includes bibliographical references (p. 99-106). Also issued in print.