Pleading for privilege : Denials and non-admissions under the UCPR

The decision in ASIC v Managed Investments Ltd No 3 [2012] QSC 74 provides practitioners with useful guidance on the relationship between the privileges against self-incrimination and exposure to a penalty, and the UCPR requirements for denials and non-admissions.

Disability claimants who contest denials and win reversals through hearings /

Includes bibliographical references.

Admissions of law or fact?

In Pollock v Thiess Pty Ltd, McMeekin J considered two applications for the withdrawal of deemed admissions. The judgment provides important guidance on pleadings and deemed admissions under the Uniform Civil Procedure Rules 1999 (Qld).

Introduction

The title of this book, Hard Lesson: Reflections on Crime control in Late Modernity, contains a number of clues about its general theoretical direction. It is a book concerned, fist and foremost, with the vagaries of crime control in western neo-liberal and English speaking countries. More specifically, Hard Lessons draws attention to a number of examples in which discrete populations – those who have in one way or another offended against the criminal law - have become the subjects of various forms of stare intervention, regulation and control. We are concerned most of all with the ways in which recent criminal justice policies and practices have resulted in what are variously described as unintended consequences, unforeseen outcomes, unanticipated results, counter-productive effects or negative side effects. At their simplest, such terms refer to the apparent gulf between intention and outcome; they often form the basis for considerable amount of policy reappraisal, soul searching and even nihilistic despair among the mamandirns of crime control. Unintended consequences can, of course, be both positive and negative. Occasionally, crime control measures may result in beneficial outcomes, such as the use of DNA to acquit wrongly convicted prisoners. Generally, however, unforeseen effects tend to be negative and even entirely counterproductive, and/or directly opposite to what were originally intended. All this, of course, presupposes some sort of rational, well meaning and transparent policy making process so beloved by liberal social policy theorists. Yet, as Judith Bessant points out in her chapter, this view of policy formulation tends to obscure the often covert, regulatory and downright malevolent intentions contained in many government policies and practices. Indeed, history is replete with examples of governments seeking to mask their real aims from a prying public eye. Denials and various sorts of ‘techniques of neutralisation’ serve to cloak the real or ‘underlying’ aims of the powerful (Cohen 2000). The latest crop of ‘spin doctors’ and ‘official spokespersons’ has ensured that the process of governmental obfuscation, distortion and concealment remains deeply embedded in neo-liberal forms of governance. There is little new or surprising in this; nor should we be shocked when things ‘go wrong’ in the domain of crime control since many unintended consequences are, more often than not, quite predictable. Prison riots, high rates of recidivism and breaches of supervision orders, expansion rather than contraction of control systems, laws that create the opposite of what was intended – all these are normative features of western crime control. Indeed, without the deep fault lines running between policy and outcome it would be hard to imagine what many policy makers, administrators and practitioners would do: their day to day work practices and (and incomes) are directly dependent upon emergent ‘service delivery’ problems. Despite recurrent howls of official anguish and occasional despondency it is apparent that those involved in the propping up the apparatus of crime control have a vested interest in ensuring that polices and practices remain in an enduring state of review and reform.

Plain facts about pleading : how to work with r 166

The decision of Durward SC DCJ in OSM Group Pty Ltd v Holden [2013] QDC 151 involves a useful consideration of the requirements relating to the pleading of denials and non-admissions under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). In particular, the decision examines the extent of the obligations when pleading in response to allegations of law, or of mixed fact and law.

Pleadings

The Uniform Civil Procedure Rules have brought significant changes to the rules of pleading. The rules place a heavy emphasis on 'truth in pleading', and early identification of the true issues between the parties. There are now a number of pleading rules dealing with specific issues. The changes in the rules are most significant with respect to the level of particulars required for pleading damages, and the facts that must be pleaded in defences. In this article the rules of pleading are examined and contrasted with the rules applicable before the commencement of the UCPR.

God's image in man and its defacement in the light of modern denials /

"Being the lectures on the L. P. Stone Foundation, Princeton Theological Seminary ... 1903-1904."

Rumors denials as persuasive messages: Effects of personal relevance, source, and message characteristics

Denial is a commonly used strategy to rebut a false rumor. However, there is a dearth of empirical research on the effectiveness of denials in combating rumors. Treating denials as persuasive messages, we conducted 3 laboratory-based simulation studies testing the overall effectiveness of denials in reducing belief and anxiety associated with an e-mail virus rumor. Under the framework of the elaboration likelihood model, we also tested the effects of denial message quality and source credibility, and the moderating effects of personal relevance. Overall, the results provided some support for the effectiveness of denials with strong arguments and an anxiety-alleviating tone in reducing rumor-related belief and anxiety. The effects of denial wording and source credibility were visible for participants who perceived high personal relevance of the topic. Limitations of the current research and future research directions are discussed.

From Sisyphus’s Dilemma to Sisyphus’s Duty? A Meditation on the Regulation of Hate Propaganda in Relation to Hate Crimes and Genocide

Un résumé en français est également disponible.

Police Interviews with Victims and Suspects of Violent and Sexual Crimes : Interviewee's experiences and interview outcomes

The police interview is one of the most important investigative tools that law enforcement has close at hand, and police interview methods have changed during the twentieth century. A good police interview is conducted in the frame of the law, is governed by the interview goal, and is influenced by facilitating factors that may affect the elicited report. The present doctoral dissertation focuses on police interviews in cases of very serious crimes of violence and sexual offences. Results reveal crime victims’ and perpetrators’ experiences of being interviewed and police officers’ attitudes towards conducting interviews related to traumatizing crimes. Study 1 revealed that when police officers interviewed murderers and sexual offenders, the interviewees perceived attitudes characterized by either dominance or humanity. Police interviews marked by dominance and suspects’ responses of anxiety were mainly associated with a higher proportion of denials, whereas an approach marked by humanity, and responses of being respected were significantly associated with admissions. In line with Study 1, the victims of rape and aggravated assault in Study 2 also revealed the experience of two police interview styles, where an interviewing style marked by dominance and responses of anxiety was significantly associated with crime victims’ omissions of information. Moreover, a humanitarian interviewing style, and crime victims’ feelings of being respected and co-operative, was significantly related to crime victims providing all information from painful events. Special squad police officers’ attitudes towards interviewing crime victims, in Study 3, also showed a humanitarian approach and two dominant approaches, one affective and the other refusing. The attitude towards interviewing suspects of crimes in focus revealed humanitarian and dominant interviewing attitudes, and an approach marked by kindness. The present thesis shows that, during their entire career, an overwhelming majority of the special squad police officers have experienced stressful events during patrol as well as investigative duty. Results show that symptoms from stressful event exposures and coping mechanisms are associated with negative attitudes towards interviewing suspects and supportive attitudes towards crime victim interviews. Thus, experiences from stressful exposures may automatically activate ego-defensive functions that automatically generate dominant attitudes. Moreover, it is important to offer police officers who have been exposed to stressful events the opportunity to work through their experiences, for example, through debriefing procedures. After debriefings, police officers are better prepared to meet crime victims and suspects and, through conscious closed-loop processes, to conduct police interviews without awaking ego-defensive functions.

Attributional analysis of rumour denials

Politicians do it, corporations do it, and defendants in court do it. Many social encounters involve denials of rumours or accusations of wrongdoing. However, denials are not always effective. Sometimes, denials lead to an even more negative evaluation of the target of the rumour (in other words, the denial 'boomerangs'). We argue that this is more likely to happen in situations where people only hear the denial and are not aware of the rumour. Denial in the absence of a rumour leads to uncertainty about the reasons for the denial and the audience attributes the denial to internal reasons ('there must be something wrong about you') instead of external masons ('you are just responding to false rumours'). We conducted two studies comparing conditions involving denial in the presence of a rumour (rumour + denial) versus denial in the absence of a rumour (denial only). Study 1 found greater uncertainty about the reasons for denial and negative evaluation of the rumour target in denial-only condition, confirming the boomerang effect. Study 2 replicated the boomerang effect. Further, as predicted, the denial was attributed more to internal rather than external causes in the denial-only condition. Finally, mediation analysis revealed that attributions underlie the boomerang effect.

Evangelical young women, contemporary Christianity, and an empowering self- understanding: a study into how contemporary women of faith understand themselves and God in relation to Dei, Holy Scripture and Christian mission

This thesis combines historical reflection with qualitative research to examine how Christian young women from Evangelical traditions are developing religious self- understanding in empowering ways. It seeks to establish connections between the ways in which historians and feminist theologians have responded to forces of restriction and limitation in Christian women’s past, and the strategies of self-empowerment adopted by Evangelical young women today. This study approaches Christian history and the present condition of female self-understanding through three central questions: How do young women understand themselves in relation to the imago Dei? How do young women understand themselves in relation to the Bible? How do young women understand themselves in relation to Christian mission? The first chapter addresses the ways in which young women are responding to historic denials of woman as the imago Dei and concepts of female inferiority or especial guilt by reclaiming possession of the divine image. The next section discusses how young women are relating to the Bible in empowering ways, both by adopting similar strategies to those utilised throughout Christianity’s past, and through the development of their own patterns of interpretation. Finally, this thesis draws attention to Christian mission as a space of empowerment, examining how young women develop life-enriching knowledge of God and self through involvement with mission. This thesis proposes that as young women continue to develop strategies that enable them to understand themselves and their faith in empowering ways, knowledge of their innate dignity and potential will inspire them — and those who come after them — to witness to God freely and fully in all contexts.