Journal articles on the topic 'Evidence (Law) Victoria'
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1
White, Ben, and Lindy Willmott. "Future of assisted dying reform in Australia." Australian Health Review 42, no. 6 (2018): 616. http://dx.doi.org/10.1071/ah18199.
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The Voluntary Assisted Dying Act 2017 (Vic) will come into force in June 2019, becoming the first law in Australia in 20 years to permit voluntary assisted dying (VAD). This paper considers how other Australian states and territories are likely to respond to this development. It analyses three key factors that suggest that law reform is likely to occur in other parts of Australia: (1) the growing international trend to permit VAD; (2) social science evidence about how VAD regimes operate; and (3) changes to the local political environment. The paper argues that these three factors, coupled with the effect of Victoria changing its law, suggest that other VAD law reform is likely to occur in Australia. It also considers the different types of laws that may be adopted, including whether other states and territories will follow the very conservative Victorian approach or adopt more liberal models. What is known about the topic? Despite sustained law reform efforts in parliaments across the country, Victoria is the first Australian jurisdiction to pass a law permitting VAD in 20 years. What does this paper add? This paper addresses likely future trends in VAD law reform in Australia. Drawing on international developments, a growing body of social science evidence about how VAD regimes work in practice, and evidence about a changing local political environment, the paper argues that other states and territories in Australia will also enact laws about VAD. What are the implications for practitioners? The legalisation of VAD has significant implications for health professionals, health administrators and health systems. Understanding how reform may occur and what legal models may be considered supports participation in the law reform process and preparation for likely change.
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Byrne, Greg. "Helping jurors to understand: Misconceptions about delay in making a complaint." Alternative Law Journal 47, no. 1 (November 14, 2021): 16–22. http://dx.doi.org/10.1177/1037969x211052707.
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In a sexual offence case, jurors may have misconceptions that inappropriately affect their evaluation of a complainant’s evidence, for example, where the complainant has not complained at the first reasonable opportunity to do so. In Victoria, a judge may assist jurors to understand why a complainant may not have complained earlier by providing examples that are not drawn from the evidence. The Victorian Court of Appeal has recently questioned the legislative authority to do this. This article answers the Court’s question. It also considers the Court’s obligations to address this misconception, having regard to a complainant’s interests, to ensure a fair trial.
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Hemming, Andrew. "Resolving the Application of the Christie Discretion in the Uniform Evidence Legislation." Federal Law Review 42, no. 3 (September 2014): 539–58. http://dx.doi.org/10.22145/flr.42.3.5.
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The application of s 137 of the uniform evidence legislation, which essentially restates the Christie discretion, has been thrown into confusion with the Supreme Courts of New South Wales and Victoria taking a restrictive and expansive interpretation respectively of the meaning of ‘probative value’ for the purpose of the weighting exercise between probative value and unfair prejudice. Definitive clarification of such an important and well known evidential principle, which could reasonably have been previously regarded as settled law, will most likely be postponed until a suitable case is heard by the High Court. This article seeks to anticipate such a judicial resolution of the application of s 137, by applying well-understood principles of statutory interpretation, to argue in favour of the Victorian expansive approach to the meaning of ‘probative value’ in the uniform evidence legislation.
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Maclaurin, Richard C. "On the Nature and Evidence of Title to Realty." Victoria University of Wellington Law Review 30, no. 2 (June 1, 1999): 655. http://dx.doi.org/10.26686/vuwlr.v30i2.5977.
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After studying mathematics at Cambridge, Maclaurin turned to the study of law, partly asa result of his friendship with the South African Jan Smuts. As part of his LLM studies hewrote a thesis which was awarded the Yorke essay prize in 1898. The essay was published in1901, making it the first legal book published by a Victoria academic, albeit a Professor of mathematics. Later Maclaurin's position as a Law Professor was formalised but like Salmond he departed, firstly for Columbia and then MIT. Legal Education's loss became Science Education's gain.
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Tyson, Danielle, Deborah Kirkwood, and Mandy Mckenzie. "Family Violence in Domestic Homicides." Violence Against Women 23, no. 5 (July 9, 2016): 559–83. http://dx.doi.org/10.1177/1077801216647796.
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This article examines the impact of legislative reforms enacted in 2005 in Victoria, Australia, on legal responses to women charged with murder for killing their intimate partner. The reforms provided for a broader understanding of the context of family violence to be considered in such cases, but we found little evidence of this in practice. This is partly attributable to persistent misconceptions among the legal profession about family violence and why women may believe it necessary to kill a partner. We recommend specialized training for legal professionals and increased use of family violence evidence to help ensure women’s claims of self-defense receive appropriate responses from Victorian courts.
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Katterl, Simon. "Regulatory oversight, mental health and human rights." Alternative Law Journal 46, no. 2 (May 4, 2021): 149–56. http://dx.doi.org/10.1177/1037969x211013123.
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Regulatory oversight is crucial to ensure human rights are protected in closed environments. In Victoria, evidence continues to surface that suggests oversight of the public mental health system is failing consumers. There are, however, several lessons for regulators on how to ensure consumers enjoy equal protection of the law.
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Roberts, JA. "Susceptibility of Australian Feral Mice to Ectromelia Virus." Wildlife Research 13, no. 1 (1986): 49. http://dx.doi.org/10.1071/wr9860049.
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Feral mice from western Victoria, the Murrumbidgee Irrigation Area and the Northern Tablelands of New South Wales, and the Darling Downs of south Queensland, have been infected with ectromelia virus in a laboratory. There is no evidence that the virus is endemic in the feral mice. The infectivity of ectromelia is similar in all groups of feral mice, and in laboratory mice. The lethality of the infection is high in the Victorian mice, whereas mice from the other regions have moderate to high levels of innate resistance. Possible consequences of the release of ectromelia, to prevent or terminate mouse plagues, are discussed.
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Wheeler, Sarah A., David K. Round, and John K. Wilson. "The Relationship Between Crime and Electronic Gaming Expenditure: Evidence from Victoria, Australia." Journal of Quantitative Criminology 27, no. 3 (October 19, 2010): 315–38. http://dx.doi.org/10.1007/s10940-010-9123-5.
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Rees, Michael, and David Paull. "Distribution of the southern brown bandicoot (Isoodon obesulus) in the Portland region of south-western Victoria." Wildlife Research 27, no. 5 (2000): 539. http://dx.doi.org/10.1071/wr99045.
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The southern brown bandicoot (Isoodon obesulus) occurs across the periphery of southern and eastern Australia as a series of isolated regional populations. Historical records and recent surveys conducted for I. obesulus indicate that it has disappeared or decreased significantly from many parts of its former range. Vegetation clearance, habitat fragmentation, feral predators and fire have all been implicated in the decline of the species. This paper examines the distribution of I. obesulus in the Portland region of south-western Victoria. Historical records of I. obesulus were compiled from the specimen collection of Museum Victoria, the Atlas of Victorian Wildlife, Portland Field Naturalists’ Club records and anecdotal sources. Field surveys were conducted to determine the current distribution of I. obesulus in the study area based on evidence of its foraging activity. The historical records reveal limited information: most are clustered around centres of human activity, indicating observational bias. The field surveys demonstrate that I. obesulus occurs in the Portland region as a series of local populations. Each local population is associated with a patch of remnant native vegetation separated from neighbouring patches by dispersal barriers. Within these habitat remnants the occurrence of the species is sporadic. Approximately 69% of the potential habitat is managed by the Forests Service, 31% is managed by Parks Victoria, and less than 0.5% is held under other tenures. Spatial isolation of habitat remnants, fires and feral predators are the main threats to I. obesulus in the Portland region.
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Robinson, NA, WB Sherwin, and PR Brown. "A note on the Status of the Eastern barred bandicoot, Perameles gunni, in Tasmania." Wildlife Research 18, no. 4 (1991): 451. http://dx.doi.org/10.1071/wr9910451.
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The eastern barred bandicoot, Perameles gunnii, formerly occurred widely in Victoria and Tasmania. Because it is endangered in Victoria, clarification of its conservation and taxonomic status in Tasmania is important. We observed the distribution and relative abundance of Perameles gunnii in nine localities in Tasmania. Comparisons of trappability in three localities sampled in March 1985 and October- November 1989 showed no decline in relative abundance. P. gunnii were more abundant in November 1989 than on two previous occasions at one location. However, six other localities where P. gunnii were abundant in 1985 showed little evidence of P. gunnii activity in 1989. Spotlighting and trapping efforts, together with anecdotal information, suggest a decline in the status of P. gunnii in the Tasmanian Midland region. The reduction of these populations could be a feature of normal demographic fluctuation or could be indicative of a real decline in the status of P. gunnii. Long-term studies to monitor seasonal and annual abundance changes in Tasmania would be useful for the management of the dwindling Victorian population, and are needed to fully determine the status of Tasmanian populations for conservation and management purposes.
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Neelsen, Sven, and Jörg Peters. "Electricity usage in micro-enterprises — Evidence from Lake Victoria, Uganda." Energy for Sustainable Development 15, no. 1 (March 2011): 21–31. http://dx.doi.org/10.1016/j.esd.2010.11.003.
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Farmer, Clare. "Upholding whose right? Discretionary police powers to punish, collective ‘pre-victimisation’ and the dilution of individual rights." Australian & New Zealand Journal of Criminology 50, no. 4 (July 25, 2016): 493–509. http://dx.doi.org/10.1177/0004865816660351.
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This article uses the example of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of individual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the individual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right – appears to belie a growing uncertainty over whose rights should be upheld and how.
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Wake, Nicola. "‘His home is his castle. And mine is a cage’: a new partial defence for primary victims who kill." Northern Ireland Legal Quarterly 66, no. 2 (August 17, 2018): 151–77. http://dx.doi.org/10.53386/nilq.v66i2.148.
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This article provides an in-depth analysis of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 which had the effect of repealing the Australian state of Victoria’s only general ‘partial defence’ of defensive homicide, and replaced the existing statutory self-defence in murder/manslaughter provisions and general common law self-defence rules with a single test. The abolition of defensive homicide means there is now no general ‘partial defence’ to accommodate cases falling short of self-defence. The change is likely to mean that some primary victims will find themselves bereft of a defence. This is the experience in New Zealand where the Family Violence Death Review Committee recently recommended the reintroduction of a partial defence, postabolition of provocation in 2009. Primary victims in New Zealand are being convicted of murder and sentences are double those issued pre-2009. Both jurisdictions require that a new partial defence be introduced, and accordingly, an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims is advanced herein. The proposed framework draws upon earlier recommendations of the Law Commission for England and Wales, and a comprehensive review of the operation of ss 54 and 55 of the Coroners and Justice Act 2009, but the novel framework rejects the paradoxical loss of self-control requirement and sexed normative standard operating within that jurisdiction. The recommendations are complemented by social framework evidence and mandatory jury directions, modelled on the law in Victoria. A novel interlocutory appeal procedure designed to prevent unnecessary appellate court litigation is also outlined. This bespoke model provides an appropriate via media and optimal solution to the problems faced by primary victims in Victoria and New Zealand.
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Angelo, A. H., and Rebekah C. Plachecki. "Towards a Celebration of 50 Years of European Union." Victoria University of Wellington Law Review 38, no. 1 (March 1, 2007): 5. http://dx.doi.org/10.26686/vuwlr.v38i1.5651.
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The article provides an introduction to the articles found in this issue of the Victoria University of Wellington Law Review. The authors state that the purpose of the collection of articles is to mark and celebrate the creation of the European Union ('EU') while acting as clear evidence of the dynamism of the EU. The authors note that the articles reflect on a range of topics – many of them with direct relevance to the peoples and countries of the Pacific region.
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Chu, Chi Meng, and James R. P. Ogloff. "Sentencing of Adolescent Offenders in Victoria: A Review of Empirical Evidence and Practice." Psychiatry, Psychology and Law 19, no. 3 (June 2012): 325–44. http://dx.doi.org/10.1080/13218719.2011.565716.
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Lamb, Katie, Kirsty Forsdike, Cathy Humphreys, and Kelsey Hegarty. "Drawing upon the evidence to develop a multiagency risk assessment and risk management framework for domestic violence." Journal of Gender-Based Violence 6, no. 1 (February 1, 2022): 173–208. http://dx.doi.org/10.1332/239868021x16366281022699.
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Domestic violence poses a threat to the health, safety and wellbeing of women internationally and is associated with a range of physical injuries, chronic mental and physical health issues and death. In recognition of the serious consequences and to guide the allocation of resources, multiple countries have invested in efforts to measure domestic violence risk. This study aimed to determine whether there was an existing validated risk assessment tool with an actuarial element, or a common set of evidence-based risk factors that could be implemented in Victoria, Australia. A tool was sought which would effectively predict risk of severity, lethality and re-assault and support risk management strategies. The tool needed to be suitable for administration by a variety of professionals. Through an audit and analysis of existing tools, the study found an absence of universal standards or guidance for weighting actuarial tools and clear insight into how risk assessments currently inform risk management practice and multidisciplinary responses. However, the literature provides clarity around the key evidence-based risk factors that most commonly form a validated tool for adult victim survivors. The evidence was less definitive in terms of assessing risk of lethality and re-assault for children and young people.
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Hopkins, Tamar. "Litigating racial profiling: examining the evidence for institutional racial profiling by police against African-Australians in Flemington, Victoria." Australian Journal of Human Rights 26, no. 2 (May 3, 2020): 209–26. http://dx.doi.org/10.1080/1323238x.2021.1872132.
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Dube, Kaitano, and Godwell Nhamo. "Climate variability, change and potential impacts on tourism: Evidence from the Zambian side of the Victoria Falls." Environmental Science & Policy 84 (June 2018): 113–23. http://dx.doi.org/10.1016/j.envsci.2018.03.009.
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GURNEY, KAREN. "TWISTING THE KNIFE- DISCRIMINATION IN THE LAW." Deakin Law Review 9, no. 2 (November 1, 2014): 340. http://dx.doi.org/10.21153/dlr2004vol9no2art248.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>Of the many different variations that can occur in human sexual formation, trans- sexualism no doubt remains the least understood by the wider Australian commu- nity. As a consequence, the process of attaining human rights to legal status, privacy, dignity and freedom from discrimination for those who experience this unusual condition has been a slow and sometimes frustrating one. The article seeks to introduce the reader to some of the more recent developments in the interna- tional jurisprudence of transsexualism and the underlying medical evidence that has supported them. It also offers criticism of the belated attempt by the State of Victoria, with the </span><span>Births, Deaths & Marriages Registration (Amendment) Act 2004, </span><span>to establish certain statutory rights in this regard. While the legislation was en- acted with the stated and very laudable purpose of providing for the correction of birth records on the Register of Births of those people with transsexualism who have altered their phenotypic sex by hormonal medication and surgery, the article argues it has also served to remove other equally important rights already won and proposes that a final remedy will only be found, as on previous occasions, in the courts.</span><span>] </span></p></div></div></div>
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Dube, Kaitano, and Godwell Nhamo. "Climate change and potential impacts on tourism: evidence from the Zimbabwean side of the Victoria Falls." Environment, Development and Sustainability 21, no. 4 (February 22, 2018): 2025–41. http://dx.doi.org/10.1007/s10668-018-0118-y.
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Wong, Kevin, Kris Christmann, Michelle Rogerson, and Neil Monk. "Reality versus rhetoric: Assessing the efficacy of third-party hate crime reporting centres." International Review of Victimology 26, no. 1 (April 11, 2019): 79–95. http://dx.doi.org/10.1177/0269758019837798.
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The underreporting of hate crime is recognised as problematic for jurisdictions across Europe and beyond. Within the UK, the landmark inquiry report into the murder of Stephen Lawrence 25 years ago has seen governments faithfully adhering to a policy of promoting the increased reporting of hate crime. An enduring legacy of the inquiry, third-party reporting centres (TPRCs) have been equally faithfully promoted as the primary vehicle for achieving such increases. While the nations of the United Kingdom have pioneered the development of TPRCs, their function and form have been adopted in other jurisdictions, including Victoria, Australia. Nevertheless, despite their reliance on TPRCs, policymakers have given limited attention to their efficacy. The evidence from a plethora of small scale studies has consistently found that TPRCs have been limited by public awareness, capability, capacity and poor oversight difficulties. Responding to these long-standing problems, the authors have developed the first ‘TPRC assessment tool’ which offers a diagnostic facility to improve effectiveness. This paper describes the development and piloting of this tool and highlights its potential to inform policy and practice both in the UK and internationally, providing an original contribution to the limited evidence base around third-party reporting.
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Lindenmayer, D. B., C. I. MacGregor, R. B. Cunningham, R. D. Incoll, M. Crane, D. Rawlins, and D. R. Michael. "The use of nest boxes by arboreal marsupials in the forests of the Central Highlands of Victoria." Wildlife Research 30, no. 3 (2003): 259. http://dx.doi.org/10.1071/wr02047.
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The results are reported of a nest-box study conducted in two locations in the mountain ash (Eucalyptus regnans) forests of the Central Highlands of Victoria (south-eastern Australia) to compare usage of different nest-box designs located at different heights in trees. A total of 96 nest boxes was established using a rigorous experimental design – two regions (Powelltown and Toolangi State Forests), two forest age classes (20-year post-logging regrowth and 60-year fire- and salvage-logging regrowth), two nest-box designs (large boxes with large entrance holes and small boxes with small entrance holes), and two heights at which nest boxes were attached to trees (3 m and 8 m above the ground). The study entailed setting out four nest boxes at each of 24 sites to meet the design criteria. Evidence of occupancy by vertebrates was recorded in a total of 19 of 96 boxes on 11 of 24 sites site during regular inspections over more than three years. Thirteen boxes were used by Leadbeater's possum (Gymnobelideus leadbeateri), six by the mountain brushtail possum (Trichosurus cunninghami) and seven by the common ringtail possum (Pseudocheirus peregrinus). The common ringtail possum and mountain brushtail possum were seen only in high–large boxes but Leadbeater's possum used all but the low–large boxes. There was evidence of spatial dependence in usage patterns, with all four boxes at a given site showing signs of eventually being occupied. Only two nest boxes located in mountain ash forest regenerating after the 1939 wildfires were occupied. Relatively limited use of nest boxes supports concerns about the use of a nest box over large scales and long timeframes as an effective recovery tool for species threatened by the loss and subsequent shortage in the numbers of naturally occurring hollows.
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Hindell, MA, and AK Lee. "Tree Use by Individual Koalas in a Natural Forest." Wildlife Research 15, no. 1 (1988): 1. http://dx.doi.org/10.1071/wr9880001.
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The home ranges and species of trees used by 20 koalas (Phascolarctos cinereus) were determined in a forest in Victoria containing 6 Eucalyptus spp. Eight animals showed a preference for a tree species from those available within their home ranges. Four koalas preferred E. viminalis, 2 E. ovata and 2 E. macrorhyncha. Preference for tree species was detected only where the preferred species was in low abundance within the animal's home range. These observations confirm that koalas may show individual differences in the species of food trees they prefer. E. viminalis, the preferred species of this population, was the predominant tree species within the home range of 15 of the koalas, which may account for the lack of evidence of preference in the majority of animals.
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Norbury, GL, GM Coulson, and BL Walters. "Aspects of the Demography of the Western Grey-Kangaroo, Macropus-Fuliginosus-Melanops, in Semiarid Northwest Victoria." Wildlife Research 15, no. 3 (1988): 257. http://dx.doi.org/10.1071/wr9880257.
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The study was carried out at Hattah-Kulkyne National Park in semiarid north-west Victoria, during 3 years immediately following a severe drought. A sample of animals which died as a result of the drought (n= 196) and a shot sample (n=546) were examined to determine patterns of breeding, mortality and age structure. Births were concentrated in spring and summer, with a peak in November. Only 46% of mature females bred during the drought, whereas 100% bred two seasons later. The sex ratio of pouch young was not significantly different from parity, but showed a slight male-bias, however, the sex ratio of the adult population was markedly female-biased (1:3). Projected population growth was not realised in the years following the drought because of high mortality. There was evidence of male-biased mortality which was apparently accentuated during the drought. This biased mortality appeared similar in all adult age classes, and may have been a consequence of the disparate energy costs imposed by sex differences in body size and in mobility.
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Men, Jude Chua Soo. "The View Finder: The Camera as Significal Pedagogue." southern semiotic review 2022ii, no. 16 (July 1, 2022): 309–35. http://dx.doi.org/10.33234/ssr.16.11.
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This paper is intended as an exploratory contribution to the recently retrieved trend in semiotics to relate sign-studies with ethics and values, i.e., ‘semio-ethics’/’significs’, and to suggest how the ‘semio-ethical’ or ‘significal’ consciousness may be educationally enhanced. In “Designing the camera” I wrote about ways to shape the camera or photography qua sign for semio-ethical purposes. Victoria Welby spoke of significs not only as a theory of signs, but also as a kind of (moral) educational theory, since she believed that the understanding of signs-in-relation-to-values raised our critical and ethical consciousness. Here I argue and give phenomenological evidence for the claims that the camera is a pedagogical tool just as it enhances significal formation. But not only that: the camera is a self-automating pedagogical tool; through using it, one is helped to discover the significant point of view. It is almost as if it automatically unpacks significs, or the semio-ethical consciousness. Keywords:photography, significs, semioethics, natural law, moral education
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Boyce, Mary. "Mana Aha? Exploring the Use of Mana in the Legal Māori Corpus." Victoria University of Wellington Law Review 42, no. 2 (August 1, 2011): 221. http://dx.doi.org/10.26686/vuwlr.v42i2.5136.
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The Legal Māori Corpus (LMC) is one of several major outputs of the Legal Māori Project, and provides the core evidence for the compilation of the Legal Māori Dictionary, due to be completed in 2012. To our knowledge it is the largest publicly available corpus of te reo Māori. The LMC is comprised of 8 million words of running text, compiled from printed legal texts in te reo Māori spanning from the 1820s to the current day. The pre-1910 text collection (5.2 million words) from the LMC is now publicly available on the Victoria University of Wellington Law Faculty website. Those remaining texts (1.8 million words printed from 1910 onwards) that are able to be cleared of copyright and confidentiality restrictions will be released in 2012. This paper briefly outlines the context of the Legal Māori Project, describes the compilation and structure of the LMC, and then focuses in detail on the use of the word mana in the corpus. It identifies the common collocations and phrases that contain mana, and looks at their distribution over time.
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Healey, Lucy, Cathy Humphreys, and Keran Howe. "Inclusive Domestic Violence Standards: Strategies to Improve Interventions for Women With Disabilities?" Violence and Victims 28, no. 1 (2013): 50–68. http://dx.doi.org/10.1891/0886-6708.28.1.50.
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Women with disabilities experience violence at greater rates than other women, yet their access to domestic violence services is more limited. This limitation is mirrored in domestic violence sector standards, which often fail to include the specific issues for women with disabilities. This article has a dual focus: to outline a set of internationally transferrable standards for inclusive practice with women with disabilities affected by domestic violence; and report on the results of a documentary analysis of domestic violence service standards, codes of practice, and practice guidelines. It draws on the Building the Evidence (BtE) research and advocacy project in Victoria, Australia in which a matrix tool was developed to identify minimum standards to support the inclusion of women with disabilities in existing domestic violence sector standards. This tool is designed to interrogate domestic violence sector standards for their attention to women with disabilities.
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Wilson, BA. "The Ecology of Pseudomys novaehollandiae (Waterhouse, 1843)." Wildlife Research 18, no. 2 (1991): 233. http://dx.doi.org/10.1071/wr9910233.
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The distribution, habitat preferences and population ecology of Pseudomys novaehollandiae in the Eastern Otways, Victoria, were studied from 1985 to 1989. The species has a patchy distribution and was captured at only four sites in heathy woodland-open forest. The population density of the species was low (0-3.1 ha-1) and the breeding season was from spring to summer. The vegetation on two trapping grids was classified into five floristic groups. Four small mammal species (Rattus lutreolus, Antechinus stuartii, Mus musculus and P. novaehollandiae) exhibited preferences for different floristic groups. There was evidence that P. novaehollandiae interacted, or competed, with M. musculus in one floristic group. Pseudomys novaehollandiae preferred two floristic groups which had high floristic diversity. Within these groups the species was associated with low dense vegetation cover. The decline of populations of P. novaehollandiae in this study is likely to be related to post-fire successional changes in the vegetation: either to loss of plant species diversity, or to loss of particular species or to low vegetation cover. Strategic burning of small areas within the preferred floristic vegetation is recommended to maintain a mosaic of suitable successional ages for the conservation of this endangered species.
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McEwan, Troy E., Stuart Bateson, and Susanne Strand. "Improving police risk assessment and management of family violence through a collaboration between law enforcement, forensic mental health and academia." Journal of Criminological Research, Policy and Practice 3, no. 2 (June 12, 2017): 119–31. http://dx.doi.org/10.1108/jcrpp-01-2017-0004.
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Purpose Police play an essential role in reducing harms associated with family violence by identifying people at increased risk of physical or mental health-related harm and linking them with support services. Yet police are often poorly trained and resourced to conduct the kind of assessments necessary to identify family violence cases presenting with increased risk. The paper aims to discuss this issue. Design/methodology/approach This paper describes a multi-project collaboration between law enforcement, forensic mental health, and academia that has over three years worked to improve risk assessment and management of family violence by police in Victoria, Australia. Findings Evaluation of existing risk assessment instruments used by the state-wide police force showed they were ineffective in predicting future police reports of family violence (AUC=0.54-0.56). However, the addition of forensic psychology expertise to specialist family violence teams increased the number of risk management strategies implemented by police, and suggested that the Brief Spousal Assault Form for the Evaluation of Risk assessment instrument may be appropriate for use by Australian police (AUC=0.63). Practical implications The practical implications of this study are as follows: police risk assessment procedures should be subject to independent evaluation to determine whether they are performing as intended; multidisciplinary collaboration within police units can improve police practice; drawing on expertise from agencies external to police offers a way to improve evidence-based policing, and structured professional judgement risk assessment can be used in policing contexts with appropriate training and support. Originality/value The paper describes an innovative collaboration between police, mental health, and academia that is leading to improved police practices in responding to family violence. It includes data from the first evaluation of an Australian risk assessment instrument for family violence, and describes methods of improving police systems for responding to family violence.
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Baker, Dennis J. "Accusation as Proof: Uncorroborated Historic Sexual Abuse Allegations." Journal of Criminal Law 84, no. 2 (December 26, 2019): 105–23. http://dx.doi.org/10.1177/0022018319897174.
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This article examines the potential miscarriage of justice upheld in the Supreme Court of Victoria in Pell v The Queen. Firstly, the alibi evidence produced by the defence team was sufficient to make the probability of Cardinal Pell not having an opportunity to perpetrate the crimes a real issue. Once an alibi had been made an issue, the Crown had to prove beyond reasonable doubt that there was no probability above 15 per cent that Cardinal Pell had an alibi—not rely on the defence submission that there was a 100 per cent probability of no alibi because of impossibility. The evidence at a minimal demonstrated that the alibi was at least probable: even a conservative estimate would allow a fact-finder to safely conclude that there was 35 per cent probability that Cardinal Pell could not have been alone with the complainant. It might be difficult to argue that it was more probable than not that Cardinal Pell had an alibi, but the evidence shows that the probability of Cardinal Pell having a valid alibi was too high (even if short of a 50 per cent probability) for the reasonable doubt standard of proof to be satisfied. Secondly, there was at a least 35 per cent probability that second sexual attack alleged by the complainant could not have been perpetrated in the circumstances described by the complainant. Thirdly, Ferguson, CJ and Maxwell, P did not apply the beyond reasonable doubt standard to these probabilities. Instead, they erroneously held that since what the complainant had alleged could possibility have happened as described by the complainant, the Crown had proved beyond reasonable doubt that these things did happen. This was to misinterpret and misapply the law concerning the quantum of proof required in criminal cases. The fact that there was a real possibility that what the complainant alleged could have happened does not prove that there was an 85 per cent an above probability that it did happen, which is what the beyond reasonable doubt standard requires. It requires such strong evidence that any objective fact-finder reviewing the evidence would 85 times out of 100 conclude that they are sure that the person is guilty.
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Cocks, Raymond, and Christopher Allen. "The Law of Evidence in Victorian England." American Journal of Legal History 42, no. 3 (July 1998): 298. http://dx.doi.org/10.2307/846184.
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Simpson, A. W. Brian, and Christopher Allen. "The Law of Evidence in Victorian England." Albion: A Quarterly Journal Concerned with British Studies 30, no. 3 (1998): 534. http://dx.doi.org/10.2307/4053336.
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Horstman, Allen, and C. J. W. Allen. "The Law of Evidence in Victorian England." American Historical Review 104, no. 4 (October 1999): 1374. http://dx.doi.org/10.2307/2649706.
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Moad, Dominica, Alison Fielding, Amanda Tapley, Mieke L. van Driel, Elizabeth G. Holliday, Jean I. Ball, Andrew R. Davey, et al. "Socioeconomic disadvantage and the practice location of recently Fellowed Australian GPs: a cross-sectional analysis." Australian Journal of Primary Health 28, no. 2 (February 23, 2022): 104–9. http://dx.doi.org/10.1071/py21179.
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Background: Socioeconomic disadvantage and the ‘inverse care law’ have significant effects on the health and well-being of Australians. Early career GPs can help address the needs of socioeconomically disadvantaged communities by choosing to practice in these locations. This study addressed an evidence gap around GPs post-Fellowship (within 2 years) practice location, and whether practice location is related to postgraduate vocational training. Methods: This was a cross-sectional questionnaire-based study of recently Fellowed GPs from New South Wales, the Australian Capital Territory, Victoria and Tasmania. Questionnaire items elicited information about participants’ current practice, including location. Where consent was provided, participants’ questionnaire responses were linked to previously collected vocational GP training data. The outcome factor in analyses was practice location socioeconomic status (SES): the four deciles of greater socioeconomic disadvantage versus locations with a higher SES. SES was classified according to the Socio-Economic Indexes for Areas – Index of Relative Socioeconomic Disadvantage. Multivariable logistic regression was undertaken. Results: Of participants currently working in clinical general practice, 26% were practicing in the four deciles of greater socioeconomic disadvantage. Significant multivariable associations of working in these locations included having trained in a practice located in an area of greater socioeconomic disadvantage (odds ratio (OR) 3.14), and having worked at their current practice during vocational training (OR 2.99). Conclusion: Given the association of training and practice location for recently Fellowed GPs, policies focused on training location may help in addressing ongoing workforce issues faced by areas of higher socioeconomic disadvantage.
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Schermuly, Allegra Clare. "Encounters between the police and the public: seize the day or practice avoidance?" Journal of Criminological Research, Policy and Practice 4, no. 2 (June 11, 2018): 148–60. http://dx.doi.org/10.1108/jcrpp-12-2017-0039.
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PurposeThe purpose of this paper is to investigate the effect of encounters on police legitimacy and levels of trust in the police in the Monash Local Government Area in the state of Victoria, Australia. Monash was chosen as it had experienced declining results in the official National Survey of Community Satisfaction with Policing in relation to police legitimacy and trust.Design/methodology/approachA qualitative case study comprising 18 interviews and six focus groups with community representatives from Monash is employed in the paper.FindingsWhen procedural justice approaches are applied during encounters between the police and the public, encounters contribute to securing legitimacy for the police. Contact between the police and the public in everyday situations also enhances trust in the police, depending on the way the police conduct themselves during such interactions.Research limitations/implicationsFindings from a qualitative case study are not able to be widely generalised but the conclusions are still useful for informing insights into processes impacting police legitimacy and trust.Practical implicationsContributes to informing evidence-based police practice around the way police conduct themselves during community interactions; informs policy decisions around allocation of funding for law enforcement with more officers required to carry out community policing; emphasises the importance of prioritising partnerships with communities; demonstrates that positive police/community relations have wider social cohesion implications in a contemporary era of counter-terrorism priorities.Originality/valueThe majority of research in this field to date has been quantitative. A qualitative approach provides fresh insights into the mechanisms of police legitimacy, especially the role of encounters and procedural justice.
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Pue, W. Wesley. "The Law of Evidence in Victorian England (review)." Victorian Studies 43, no. 2 (2001): 335–38. http://dx.doi.org/10.1353/vic.2001.0032.
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McPhee, S. R., and K. L. Butler. "Long-term impact of coordinated warren ripping programmes on rabbit populations." Wildlife Research 37, no. 1 (2010): 68. http://dx.doi.org/10.1071/wr09103.
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Context. It is important to examine the long-term effectiveness of rabbit management programmes based on warren destruction using modern warren ripping machinery, at a time when the continuing impacts of both myxomatosis and rabbit haemorrhagic disease (RHD) may have reduced the capacity of rabbit populations to recover. Aims. To determine the long-term effectiveness of coordinated warren ripping programmes in reducing rabbit densities and maintaining these low densities. Methods. Commencing in 1998, 14 sites with coordinated warren ripping programmes and three sites without rabbit control were monitored within Victoria. Spotlight counts of rabbit numbers recorded before the spread of RHD and warren ripping were compared with numbers recorded from 2005 to 2008. The efficacy of coordinated warren ripping programmes was assessed in relation to the machinery used, the manner in which the warrens were ripped, the characteristics of the ripped areas and the impact of follow-up control. Key results. Warren ripping programmes were very successful in reducing rabbit numbers for up to 10 years, whereas rabbit populations that were not managed returned to pre-RHD densities. The most effective warren ripping programmes, which reduced populations to 97% of the pre-RHD densities and maintained them at this level, used heavy, powerful ripping machinery to rip all warrens within 12 months. There was no evidence that the relationship between rabbit population decline and warren ripping was affected by the characteristics of the ripped areas or the follow-up control effort. Conclusions. Following the spread of RHD in areas where warren ripping is practicable, well-managed ripping programmes provide an immediate solution for achieving and sustaining low rabbit populations. Implications. The efficacy of RHD in regulating rabbit populations has diminished. The improvement of existing or the development of new biological control agents could take decades. In contrast, coordinated warren ripping programmes provide more predictable long-term reductions in rabbit populations.
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Rosenberg, Anat. "The History of Genres: Reaching for Reality in Law and Literature." Law & Social Inquiry 39, no. 04 (2014): 1057–79. http://dx.doi.org/10.1111/lsi.12096.
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Genres are historical formations; their ability to generate knowledge depends on their interrelationships within a culture. Since law, too, can be viewed as a genre, studies of specific historical relationalities between law and other genres are necessary for law's own history and theory. This essay discusses differentiations between Victorian law and literature, starting out from the recent publication of Ayelet Ben‐Yishai'sCommon Precedents: The Presentness of the Past in Victorian Law and Fiction(2013), which reveals some of that history. I examine two points: differentiations in legal and literary approaches to probabilistic knowledge, and differentiations in the author functions in law and literature. These differentiations bear multiple implications. I discuss implications for evidence‐law debates about probabilistic evidence, for contract‐law debates about the centrality of autonomy and self‐authorship, and for understandings of legal reasoning itself—the elusive notion of “thinking like a lawyer.”
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Sonnekus, JC. "Aantekeninge: Verblyfvergunning is nie outomaties habitatio nie en totale skade omvat skade gely weens inbreuk op die eiser se vervullingsbelang." Tydskrif vir die Suid-Afrikaanse Reg 2022, no. 1 (2022): 143–58. http://dx.doi.org/10.47348/tsar/2022/i1a8.
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According to the headnote attached to the most recent decision under discussion, the litigation turned on the quantification of the total loss suffered by M as alleged holder of a right of habitatio after S as reputed owner of the farm revoked the verbal agreement between the parties entitling M to occupy the dwelling ad infinitum on condition that he renovates the dwelling to a habitable state. Notwithstanding the conviction of the judges involved, it is clear that at no stage were any of the requirements for the acquisition or vesting of a limited real right of habitatio complied with. No limited real right was registered against the farm and S as the alleged grantor of the limited real right was at no stage the owner of the property. He could not have been entitled to burden the property of another with such limited real right. A contractual arrangement between the parties, however, did exist granting the claimant an entitlement to occupy the dwelling. The initially friendly relations between the litigants soured abruptly in February 2013 when S evicted M from the farm because of a supposed blasphemous comment by M. This happened after the claimant had already invested significantly in the restoration and modernisation of the old dilapidated dwelling. “The plaintiff regarded this as a repudiation of the contract between him and the defendant, accepted it as such and left the farm, effectively halting the renovation project” (par 14 read with par 5.4 of the 2016-decision). His claim for compensation of the loss suffered was held by the court to be limited to the amounts reflected in the receipts representing the cost of building material when it was acquired. It is submitted that the court should also have taken note of the loss suffered as positive interest, because the claimant forfeited the calculated benefit of life-long free occupation in the restored dwelling. Because of the underlying agreement between the parties to the litigation, the patrimonial benefit that accrued to the estate of the owner of the farm due to the objective rules of accessio cannot be classified as actionable unjustified enrichment. The principles of unjustified enrichment do not apply – the resulting detriment or loss of M was cum causa and not sine causa. The remarks of the court pointing to unjustified enrichment do not convince. Damages should have been calculated to cover the loss in positive interest of the claimant and not merely his negative interest, ie the amounts paid for the building material used in the renovation. The court, however, held: “I’m satisfied that the plaintiff has adduced sufficient evidence to prove his claim for the costs of renovating the farmhouse on a balance of probabilities” (par 23). The last mentioned mode of quantification of the loss suffered would have been more in place where merely a delict was involved, as eg where the damaged motor vehicle should be repaired to the state it was in before the accident occurred. Had the judges in this case done a correct assessment of loss upon cancellation for breach of contract, it would have led to a respect of the rule of law and would not have been to the detriment of the claimant. The legal principles that should have been applied had already been clearly formulated more than a century ago: “The sufferer by such a breach should be placed in the position he would have occupied had the contract been performed, so far as that can be done by the payment of money, and without undue hardship to the defaulting party …” Victoria Falls & Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd (1915 AD 1 22).
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Kull, Irene. "Dear reader,." Juridica International 31 (October 25, 2022): 1. http://dx.doi.org/10.12697/ji.2022.31.00.
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Dear reader, In 2022, we are celebrating several important anniversaries related to the adoption of laws important for the building of the Estonian legal order. Against the backdrop of a major forum for the Estonian legal profession – Estonian Lawyers’ Days 100 – this year’s edition is dedicated to another important anniversary: the 70th birthday of the University of Tartu’s Professor Emeritus Paul Varul. It is difficult to overestimate Prof. Varul’s contribution to the rebuilding of the Estonian legal system after regaining of independence. In this connection, I would like to draw special attention to his belief in young lawyers. Thanks to his support, many of the students from those days now hold positions that play an essential role in the legal profession. It is precisely this belief in young people alongside respect for more seasoned peers that Prof. Varul’s colleagues and students alike have inherited from him. In addition, there are many important qualities to be learnt from his example, such as the importance of infinite kindness and patience, the fundaments of academic ability, and the value of charm and personality. While he was the main architect of Estonia’s civil-law system in general, Prof. Varul’s favourite area of attention over the years has always been bankruptcy law, which he has been intimately involved in reforming. His willingness to speak up and actively contribute to the legislative process is testimony to the jubilarian’s thoughtfulness and continuing high level of professionalism. In this edition of the journal, readers will find an article by Chirstoph G. Paulus, a long-time colleague of Prof. Varul, which is dedicated to bankruptcy law. It provides a historical overview of the relationship between debtors and creditors and analyzes the contracting process as eternal struggle for supremacy. Silvia Kaugia and Raul Narits devote their article to finding an answer to the question of how to create a law that corresponds to the idea of law. In this issue, the reader can also find a paper written by Katre Luhamaa and Merike Ristikivi about the role of the judiciary in the transitional debates, judicial reform, and changes in the professional requirements set for judges in Estonia. Modern problems of the independence of the judiciary are reflected upon specifically in an article contributed by Jesús Manuel Villegas Fernández and Victoria Rodríguez-Blanco, and Anneli Albi’s article examines another angle of the ongoing evolution: the changing role of courts in Europe – which is shifting from protecting the fundamental rights of individuals toward protection of the neoliberal economic order. Alongside these pieces are three articles dedicated to matters of criminal law. Mari‑Liis Tohvelmann and Kristjan Kask have focused their contribution on interviews with children as evidence in criminal proceedings; Carri Ginter and Anneli Soo offer the reader a meaningful analysis of the arguments for and against the criminalisation of hate speech; and, finally, Mario Truu discusses the principle of foreseeability of liability and punishment in the practice of the ECHR. The volume meshes well with Prof. Varul’s ethos in one other respect too: doctoral students have had a say in the publication, representing younger voices. One can find a discussion centred on the need to use artificial intelligence in the context of deciding on the patentability of an invention, provided by Liva Rudzite, and the concept of the duty of diligence in procurement law from the standpoint of CJEU practice is tackled by Kadri Härginen. Finally, the fine tradition of publishing opinions by official opponents in public defence of doctoral dissertations has been maintained, with the opinion written by Marta Otto on the dissertation of Seili Suder. Congratulations to Professor Emeritus Paul Varul and to all who have had the opportunity to know him. We are all richer for your work.
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Lethbridge, Mark, Michael Stead, and Cameron Wells. "Estimating kangaroo density by aerial survey: a comparison of thermal cameras with human observers." Wildlife Research 46, no. 8 (2019): 639. http://dx.doi.org/10.1071/wr18122.
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Abstract ContextAerial surveys provide valuable information about the population status and distribution of many native and pest vertebrate species. They are vital for evidence-based monitoring, budget planning and setting management targets. Despite aircraft running costs, they remain one of the most cost-effective ways to capture distribution and abundance data over a broad area. In Australia, annual surveys of large macropods are undertaken in several states to inform management, and in some jurisdictions, to help set commercial kangaroo harvest quotas. Improvements in the cost efficiencies of these surveys are continually sought. Aerial thermal imaging techniques are increasingly being tested for wildlife surveys, but to date no studies have directly compared population data derived from thermal imaging with data collected by human observers during the same flight. AimsDuring an aerial survey of western grey kangaroos (Macropus fuliginosus), eastern grey kangaroos (M. giganteus) and red kangaroos (Osphranter rufus) across the state of Victoria, Australia, the objective was to conduct a direct comparison of the effectiveness of thermal camera technology and human observers for estimating kangaroo populations from aerial surveys. MethodsA thermal camera was mounted alongside an aerial observer on one side of the aircraft for a total of 1360km of transect lines. All thermal footage was reviewed manually. Population density estimates and distance sampling models were compared with human observer counts. Key resultsOverall, the kangaroo density estimates obtained from the thermal camera data were around 30% higher than estimates derived from aerial observer counts. This difference was greater in wooded habitats. Conversely, human-derived counts were greater in open habitats, possibly due to interference from sunlight and flushing. It was not possible to distinguish between species of macropod in the thermal imagery. ConclusionsThermal survey techniques require refining, but the results of the present study suggest that with careful selection of time of day for surveys, more accurate population estimates may be possible than with conventional aerial surveys. ImplicationsConventional aerial surveys may be underestimating animal populations in some habitats. Further studies that directly compare the performance of aerial observers and thermal imaging are required across a range of species and habitats.
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Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.
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Getzler, Joshua. "Chancery Reform and Law Reform." Law and History Review 22, no. 3 (2004): 601–8. http://dx.doi.org/10.2307/4141690.
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Michael Lobban shows how dissatisfaction with the law-equity split in English civil justice predated the Judicature Act reforms by two generations at least (one could argue two-and-a half centuries or more—periodization fails quickly). Lobban links the first modern debates over fusion to high legal politics on the one hand and to the more intricate internal problems of evidence, procedure, and jurisdiction on the other. Lawyers of the earlier Victorian age found the Chancery system bequeathed to them by Lord Eldon to be intolerable on two counts: it represented Old Corruption or monopolistic private control of public offices and it exacted heavy costs in procedural inconvenience, cost, and delay. Lobban does not see ideology such as Benthamite philosophy driving the rationalization of Chancery doctrine and institutions though he does not dismiss this factor entirely.
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Marroni, Michela. "The Abstruse Syntax of Law in Wilkie Collins’s The Law and the Lady." Pólemos 13, no. 2 (September 25, 2019): 265–81. http://dx.doi.org/10.1515/pol-2019-0021.
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Abstract From the point of view of the British juridical system, The Law and the Lady can be interpreted as a sensation novel whose crucial albeit indirect message must be read in the context of Collins’s legal reformism. As well as challenging the Scottish verdict of Not Proven, the heroine of the novel, Valeria Brinton, presents herself as a woman detective who is anxious to prove her husband’s innocence before both the court and public opinion. Underlining the peculiarity of her mission is a destabilising tension which, in its social implication, is aimed to challenge the conformism and love of orthodoxy typical of the Victorian ethos. In this sense, Valeria’s gendered autobiographical writing, while giving full evidence to her resourceful womanhood, dramatises the blurring of the confine between masculinity and femininity and, at the same time, offers a representation of the old-fashioned and abstruse protocols of British law.
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Bizzotto, Elisa. "Late-Victorian Experiences with Italian Legislation: Stories of Sex, Madness and Social Commitment." Pólemos 13, no. 2 (September 25, 2019): 283–97. http://dx.doi.org/10.1515/pol-2019-0022.
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Abstract Given their love for Italy, which often represented for them a second home country, it was not unusual for late-Victorian writers and intellectuals to have direct experiences with Italian laws. The article presents four “case studies” of late-Victorian authors living in Italy and analyses their reactions to such diverse issues as homosexuality, madness and artistic heritage in relation to the Italian law system and by providing a comparative perspective with English legislation. The contribution also considers these authors’ narratives of their responses to Italian laws in both published and private writings that cover a variety of genres and evidence cultural differences and conflicts, though not always in an expected way.
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Crozier, Ivan, and Gethin Rees. "Making a Space for Medical Expertise: Medical Knowledge of Sexual Assault and the Construction of Boundaries between Forensic Medicine and the Law in Late Nineteenth-century England." Law, Culture and the Humanities 8, no. 2 (May 1, 2012): 285–304. http://dx.doi.org/10.1177/1743872111429918.
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This article looks at the boundary work performed by Victorian doctors in order to position themselves as beneficial to the court in helping to determine whether a woman had been raped. These doctors provided tangible physical evidence to support already widely-held beliefs about the nature of the rape victim. Such physical evidence could then be used to support, or undermine, the complainant’s allegation. The article concludes that the reliance upon forensic evidence, the result of such boundary construction, is one of the major factors maintaining the current international “justice gap” in rape cases.
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Murphy, Sara. "“No Two Men Were Ever Alike Within”: The Tichborne Trial, The Lord Chief Justice, and The Narration of Identity." Law, Culture and the Humanities 13, no. 2 (August 1, 2016): 244–60. http://dx.doi.org/10.1177/1743872113477059.
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While not entirely out of the norms of Victorian judicial practice, Lord Chief Justice Cockburn’s summing-up of the evidence in Regina v. Castro, aka Arthur Orton, aka Roger Tichborne was extraordinary for its length and detail, as well as for its narrative and rhetorical force. This article examines Cockburn’s summing-up to the jury, arguing that while it is revealing of nineteenth-century British conceptions of identity, it also uncovers the instability and insufficiency of those conceptions for the juridical determination of identity. Thus the summing-up of evidence, and perhaps the entire Tichborne affair, suggested some of the ways that law, in an age of rapid urbanization and increasing geographical and class mobility, would increasingly require supplementation from extralegal disciplines.
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Savage, Gail L. "The Divorce Court and the Queen’s/King’s Proctor: Legal Patriarchy and the Sanctity of Marriage in England, 1861‑1937." Historical Papers 24, no. 1 (April 26, 2006): 210–27. http://dx.doi.org/10.7202/031003ar.
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Abstract The office of H M Proctor, a curious aspect of English divorce procedure, investigated divorce cases based on collusion between the spouses and divorce cases brought by spouses whose own misconduct disqualified them from the right to divorce. On the basis of evidence provided by the proctor's intervention into divorce suits, the divorce court had the power to rescind divorce decrees improperly obtained. This essay describes the origins of this legal institution and delineates its impact on divorce during the Victorian period. The analysis considers the growing criticism of the proctor's powers during the first four decades of the twentieth century. English divorce law was originally intended to buttress both the power of the husband within the marital relationship and the power of the state over the family. The changing view of the proctor over seventy-five years reveals the tensions inherent in Victorian gender ideology and reflects changing attitudes towards the nature of marriage.
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Wesley Pue, W. "BOOK REVIEW: Christopher Allen.THE LAW OF EVIDENCE IN VICTORIAN ENGLAND. Cambridge and New York: Cambridge University Press, 1997." Victorian Studies 43, no. 2 (January 2001): 335–38. http://dx.doi.org/10.2979/vic.2001.43.2.335.
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Willis, Elizabeth. "Home but away: Material evidence of lives in Victorian asylums, 1850–1950." Psychiatry, Psychology and Law 2, no. 2 (November 1995): 111–16. http://dx.doi.org/10.1080/13218719509524858.
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