Abstract

http://ssrn.com/abstract=2212658
 


 



The Death Penalty in Australian Law


Jo Lennan


University of New South Wales (UNSW) - Faculty of Law

George Williams


University of New South Wales

January 31, 2013

(2012) Sydney Law Review, Vol 34, pp.659-94
UNSW Law Research Paper No. 2013-12

Abstract:     
This article undertakes a comprehensive review of Australian legislation on the death penalty. It charts the legal progress towards abolition, detailing the successive moves by colonial, state, territory and Commonwealth legislatures to restrict and then completely abolish capital punishment. Most recently, the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth) blocks any state or territory attempt to reinstate the death penalty. The article examines whether any action now remains to be taken in Australia in this area. It considers the extent to which laws and practices on extradition and policing might involve Australian authorities in processes leading to the imposition of the death penalty abroad. It is suggested that while the 2010 Act represents the last necessary step (save for constitutional entrenchment) to abolish the death penalty in Australia, action can still be taken as a matter of principled opposition to the death penalty to ensure that Australian officials are not involved in the imposition of capital punishment elsewhere.

Number of Pages in PDF File: 36

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Date posted: February 7, 2013  

Suggested Citation

Lennan, Jo and Williams, George, The Death Penalty in Australian Law (January 31, 2013). (2012) Sydney Law Review, Vol 34, pp.659-94; UNSW Law Research Paper No. 2013-12. Available at SSRN: http://ssrn.com/abstract=2212658

Contact Information

Jo Lennan
University of New South Wales (UNSW) - Faculty of Law ( email )
Kensington, New South Wales 2052
Australia
George Williams (Contact Author)
University of New South Wales ( email )
Kensington, New South Wales 2052
Australia
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