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12 Legal Studies > Use of DNA Evidence > Flashcards

Use of DNA Evidence Flashcards

1
Q

Investigating Crime (convict)

A

R v Xie 2017 (NSW SC) - convict offender

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2
Q

Investigating Crime (exclude)

A

“Mass DNA screening caught a Wee Waa rapist”
The Age 2016

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3
Q

Safeguards - how they are authorised

A

P3 & P5 - how they are authorised

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4
Q

Safeguards - rules around collection

A

P6 - rules around collection

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5
Q

Safeguards - Destruction of forensic material

A

P10 & P11 - Destruction of forensic material

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6
Q

International - privacy & dignity rights

A

Article 10 ICCPR - privacy & dignity rights

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7
Q

International - unlawful interference with privacy

A

Article 17 ICCPR - unlawful interference with privacy

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8
Q

CSI Effect

A

The CSI effect: are jurors starstruck by forensic evidence?
The Conversation 2011

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9
Q

CSI Effect (stats)

A

“the presentation of DNA evidence by the prosecution resulted in a 33-fold increase in the likelihood that a jury would find the offender guilty”
Australian Institute of Criminology 2015

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10
Q

Secondary Transfer

A

Fitzgerald v the Queen 2014 (HCA)

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10
Q

Laboratory Error

A

R v Jama 2008 (MEL CC) - no right to compensation

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11
Q

Challenge conviction (quote)

A

“A black day in the history of administration to criminal justice in Queensland”
Appellate Judge Williams

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12
Q

Challenge conviction

A

R v Button 2001 (QCA)

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13
Q

DNA Review Panel

A

“[DNA Review Panel] failed to correct a single miscarriage of justice”
USYD 2016

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14
Q

Back-Capture legislation

A

PT7A - retrospective matching of formers offenders DNA

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15
Q

Back-Capture (critisism)

A

“not only speculative & unfair, it casts the net far too wide”
David Porter RLC 2015

16
Q

Back-Capture (safety?)

A

“is [it] appropriate for police to door-knock for DNA on people unlikely to be a danger to the community David Porter RLC 2015

17
Q

Back-Capture (spent convictions)

A

“Stigmatising [spent convictions]… even though they are not suspected of anything at all
David Porter RLC 2015

12 Legal Studies (2 decks)

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