The right to an impartial hearing trumps the social imperative of bringing accused to trial even 'down under'

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence.

Beyond ‘good’ and ‘evil’: breaking down binary oppositions in holocaust representations of ‘privileged’ Jews

In 1986, Auschwitz survivor Primo Levi’s paradigmatic essay entitled ‘The Grey Zone’ highlighted the complex and sensitive issue of so-called ‘privileged’ Jews, an issue that remains at the margins of popular and academic discourse on the Holocaust. ‘Privileged’ Jews include those prisoners in the Nazi concentration camps and ghettos who held positions that gave them access to material and other benefits whilst compelling them to act in ways that have been judged both self-serving and harmful to fellow inmates. The unprecedented ethical dilemmas that confronted ‘privileged’ Jews may be viewed as exemplifying the ‘limit’ events or experiences that were characteristic of the Holocaust, situating them at the threshold of representation, understanding and judgement. Levi’s essay singles out history and film as particularly predisposed to a simplifying trend he identifies – the ‘Manichean tendency which shuns half-tints and complexities,’ and resorts to the black-and-white binary opposition(s) of ‘friend’ and ‘enemy,’‘good’ and ‘evil.’ In the case of ‘privileged’ Jews in particular, such binary oppositions would appear to be inadequate. Adopting an interdisciplinary approach that incorporates the fields of history, philosophy and literature, this paper analyses representations of ‘privileged’ Jews, particularly those prisoners of the Sonderkommandos who were forced to work in the crematoria. The paper demonstrates how easily the boundary Levi maps out for moral judgement can be crossed. It is shown that while Levi suggests judgement should be suspended when confronted with the experiences of victims in extremis, moral evaluations of ‘privileged’ Jews permeate discussions and representations of the Holocaust. When confronted with such emotionally and morally freighted issues, judgement may itself be seen as a ‘limit of representation.’

Bridie McCarthy reviews Going down swinging and indigo

Review of two literary periodicals published in Australia.

Accreditation down under

The article reports on the recognition given by the Department of Health and Ageing in Australia on the entry of the accredited exercise physiologist (AEP) into the field of allied health. It mentions that the recognition permits general practitioners (GPs) to refer patients directly to AEPs for clinical exercise services under Medicare Australia. It notes that the development enables the national health system to finance clinical exercise services rendered by exercise professionals like AEPs.

e-learning through digital theatre : breaking down the tyranny of distance and limits of location

In this article, we report on a cross-disciplinary, cross-cultural digital exchange project between Australian Drama and Education students and Dutch English Language and Culture students, and examine the impact of the place-independent, technology-mediated communications and collaboration on their learning trajectories. The intensive, intercultural collaboration between the two groups of students resulted in a 50-minute group-devised, digital theatre play entitled Quarter Acre Dreaming. This play, performed through live interactive media by both Dutch and Australian students, traced the historical development of the Australian suburb, while integrating scenes of Dutch immigration into Australia. In the creative process, the students on either side of the globe interacted through Computer-Mediated Communication (CMC), and used videoconferencing and Skype for live rehearsals and discussions to advance their learning of English, their performance repertoire and cross-cultural understanding.

Pinning down the elemental

Book review of 'The taste of river water' by Cate Kennedy.

Journalism education 'down under' : a tale of two paradigms

Journalism studies is currently undergoing one of the periodic renovations that is characteristic of an active and diverse community of scholars. This paper examines aspects of this renewal debate among journalism scholars by focusing on the situation in Australia and New Zealand. It argues that the debate ‘‘Down Under’’ mirrors global differences on the issues of ‘‘theory’’ and ‘‘practice’’ in journalism education and that an understanding of the key fault lines in this context can provide useful insights into the wider arguments. In Australia and New Zealand a key area of discussion is around attitudes towards the concept of professionalism in the practice, training and scholarship of journalism. These tensions are apparent in both the news media and in the academy. The contradictory positions of those who favour greater industry involvement in curriculum matters, including accreditation of courses, and those who are less sanguine about the normative influence of industry on critical scholarship are explored in relation to differing attitudes to professionalism and the political economy of news production. The paper concludes that rather than pegging the debate to an unstable definition of professionalism, journalism educators should instead focus more on journalism scholarship founded on a political economy approach.