Wrongful Convictions Report

Andrew L. Urban

In Part 1 of this series, we referred to the damaging effect that tunnel vision can have on the entire criminal justice process, from start to finish. Following the Australian examples in Part 1 (published January 15, 2020), here in Part 3 we outline a deeply disturbing example of tunnel vision from the US which demonstrates its extraordinary ‘stickiness’. (Part 2, concerning the case of Cardinal George Pell, was published March 13, 2020. The High Court decision in Pell will be delivered on Tuesday, April 7, 2020.)  Continue reading →

Andrew L. Urban.

 In Part 2, we examine the controversial case of Cardinal George Pell; his conviction and failed appeal, asking whether the evidence meets the standard of proof beyond reasonable doubt and whether the majority in the appeal court was justified in rejecting his appeal. The High Court this week heard arguments from both sides and is considering the case. (see Part 1, published January 15, 2020)

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“In Australia, two of the states and both mainland territories have not yet even decided to permit a second criminal appeal by leave on compelling evidence. And no jurisdiction has yet resolved to establish a Review Commission. What is it about our country that always sees us limping behind [UK, NZ and Canada] where justice is at stake, whereas we can move with astonishing speed to diminish civil liberties, increase official powers and raise levels of incarceration, with no parliamentarian raising a murmur,” writes The Hon Michael Kirby AC CMG* in Criminal Law Journal, discussing right of appeal provisions.  Continue reading →

Andrew L. Urban.

Before Walkley Award winning journalist and legal historian Evan Whitton died (5 March 1928 – 16 July 2018), I had the good fortune to exchange a few notes with him about miscarriages of justice. He had written the acerbic book, Our Corrupt Legal System, whose title reflects his views about it. So we ask, How would we design a better, fairer legal system?  Continue reading →

Andrew L. Urban.

As 2020 begins, we look forward to Tasmania’s Supreme Court finally hearing Sue Neill-Fraser’s new appeal against her 2010 murder conviction in May. Also during the year, the NSW the Supreme Court is expected to hear Robert Xie’s appeal against his 2017 multiple murder conviction. In Part 1 of this series we examine these two cases where tunnel vision was a key element in securing unsafe convictions. Continue reading →