The latest Part of the Criminal Law Journal includes the following articles: “Proposed Changes to the Tendency Rule: A Note of Caution” – Jill Hunter and Richard I Kemp; and “Can Sentencing Be Enhanced by the Use of Artificial Intelligence?” – Dr Nigel Stobbs, Dan Hunter and Mirko Bagaric. Also in this Part is an Editorial on “Abolishing the Crime that is the Incarceration of White-Collar Offenders” by Professor Mirko Bagaric; Contemporary Comment: “The Prisoner’s Dilemma” – Michael Heath; Case and Comment: “Ivey v Genting Casinos (UK) Ltd  UKSC 67: Test for Dishonesty in the United Kingdom Brought into Line with Australian Common Law” – David Lusty, “Gant v The Queen  VSCA 104, Gant v The Queen  VSCA 340, McBride v Christie’s Australia Pty Ltd  NSWSC 1729: Criminal Law and Art Fraud” – Dr Chris Davies; Phillips’ Brief: “The Third Degree” – Mark Finnane; and a Digest of Criminal Law Cases.
The latest Part of the Criminal Law Journal includes three fascinating articles on different aspects of criminal law. The first article is by Andreas Schloenhardt and Samantha Garbutt and outlines international requirements and explores Australia’s legislative approach to criminalising organ trafficking. The second article, by Mirko Bagaric and Theo Alexander, examines the empirical data on whether specific deterrence and rehabilitation are attainable, and consequently whether they should be retained or abolished as sentencing objectives. The final article comes from Emily Kerr and analyses the contemporary “crisis” of public confidence in Australian sentencing judges, and examines the potential for recent developments in sentencing law and policy to resolve the crisis.
The October 2011 issue of the Criminal Law Journal includes an examination of military justice within the context of the constitution, an empirical analysis of the theory of general deterrence as one of the principal objectives of sentencing and a comment on the issue of pre-recording children’s evidence. There is also a digest of criminal law cases and the 2010-2011 Sentencing Review.