Criminal trial delays in Australia : trial listing outcomes
This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
October 2009 Challenges in mainstreaming specialty courts
Specialty courts were first introduced in Australia in the late 1990s as part of the recognition that the social problems which may have contributed to a defendant’s behaviour may require social or therapeutic, rather than legal solutions (Freiberg 2001). Therapeutic jurisprudence is the ‘study of the role of the law as a therapeutic agent’ and focuses on the law’s impact on emotional life and psychological well-being (Wexler & Winick 1996: xvii). Phelan (2003: 99) suggests that problem-solving courts ‘represent more than just structural or process changes. They challenge the nature of courts and represent something of a revolution in the way in which courts might operate in modern, democratic societies’.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.