Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.Presumption of innocence succinctly conveys the principle that no person may be convicted of a crime unless the government carries the burden of proving his guilt beyond a reasonable doubt but it does not mean that no significance at all may be attached to the indictment. U.S. v. Friday, D.C.Mich., 404 F.Supp. 1343, 1346.
But bail laws in NSW should be rewritten to make hardened criminals prove they are no threat to public safety, the early findings of an internal police working party have revealed. Members of the police group believe present laws are failing and need to be overhauled, with a presumption against bail for re-offending criminals.
But innocent unless proven guilty is simply a legal concept. In real life you are innocent if you are innocent and guilty if you are guilty. Those who are guilty but found "innocent" in court are STILL guilty ... they just won't be punished or held accountable for their crime.
Similar laws in the ACT have resulted in dramatic plunges in certain crimes of up to 80 per cent.
But while police believe similar NSW laws could reduce crime significantly by keeping serial criminals locked up, the proposal is opposed by the Attorney-General's Department.
Members of a separate Attorney-General's working party on bail are concerned the changes may affect basic rights of justice and are attempting to block the plan.
As an interim alternative, the police party has thrown its weight behind "a stay of proceedings" that would keep career criminals in jail while police can appeal against bail decisions they are unhappy with. [?]
The proposal may be backed by the introduction of permanent bail courts which would ensure offenders awaiting bail appeals are kept locked up for a maximum 72 hours.
Police Commissioner Ken Moroney established the internal police bail working party in January after declaring he was fed up with courts continually letting down police and the community.
The party has been tracking bail information and a series of bail judgments to determine the best way to address the issue.
"My colleagues in the ACT have indicated to me where this provision [presumption against bail] exists there have had some remarkable results,"
Moroney "I am told in some crime categories in the ACT, they have seen their crime reduced by up to 80 per cent . . . if that is so, it is a significant result that can't be ignored."
The commissioner said steps had been taken to improve internal police procedures. Moves were being made to have more arresting officers give evidence in court to help police prosecutors and the police COPS computer system was being refined. [Cops needs to be because COPS is updated regularly with false and misleading information. Not proved.]
The State Government recently toughened bail laws from a position of presumption for bail to a neutral position but has stopped short of recommending a presumption against bail, supported by Opposition Leader John Brogden.
Bail judgments continue to confound police and the public. The Daily Telegraph recently exploited the case of Adam Speyer, 22, continually granted bail despite being charged with 34 crimes over the last three years even though it wasn't any of their business? In the Parramatta area, recent figures revealed up to 80 per cent of repeat offenders police recommended be refused bail walked free from courts the following day.
Moroney said he was expecting to receive the working party's final report by mid-May. He said in the meantime he would be communicating one message to his troops. "If we don't believe the determination for bail is appropriate. You will appeal and you will appeal and appeal," he said.
Shoplifting and homelessness
Shoplifting increased by 7.5 per cent last year, making it the only major crime category to register a significant increase in 2002, crime statistics show.
Abolition of 800 year old double jeopardy law a crime
The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.
By Inn Ocent 7 April 03
THE JUDGE: Who else is guilty? The Daily Telegraph for exploiting Adam Speyer? The parents for not setting a minimal standard of behaviour for these criminals when they were growing up. Perhaps the sisters and brothers for encouraging their criminal behaviour for years. Or the Police for not banning the career criminals from the shopping centre on Thursday night and Noble Cause Corruption.
Related:
Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.
No confidence in 'Force' when service is out the door
How are shopkeepers and service staff going to feel today knowing police are vulnerable to be attacked while serving customers at the counter of a police station?
Every dog has his day: Brammer resigns
The Police Integrity Commission found that Brammer, along with other senior police, had at times displayed a lack of support for the former police reform body, the Crime Management Support Unit.
MPs told of police corruption
Corruption and mismanagement are still entrenched in the NSW Police, and problems at the highest levels are "whitewashed", according to evidence given yesterday to a federal parliamentary committee.
Black Knight Moroney to give evidence?
Accusations about former high-ranking NSW policewoman Lola Scott's alleged failure to act against paedophiles have dominated a federal crime inquiry hearing in Sydney.
The NSW Police Force
The NSW Police Force has stopped production on its new movie Viking. Viking, showing in NSW Parliament House and in the suburbs of Sydney recently.
Crime victim group wants say in money allocation
A spokesperson from Justice Action Mr Brett Collins said, "Victims should be properly compensated regardless of the source and that is currently the law. The law says you don't need to find even the offender to get compensation. This is an attempt by the opposition to create a law and order issue-involving victims when there is in fact no issue!
Abolition of 800 year old double jeopardy law a crime
The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.
When real safety is jeopardised in NSW
Perception of crime is still a problem in NSW, with a new Productivity Commission report showing the state's citizens feel less safe than most of their counterparts.
Call to Bronwyn Bishop's Federal Crime Inquiry
I call on Bronwyn Bishop to allow me to produce first evidence about police corruption and to be able to attend Parliament House Sydney without fear of conviction.
Australia: politicians should watch police
In Sydney yesterday the Opposition police spokesman, Andrew Tink, urged Federal Labor MPs to allow the public hearing of the claims, which include that senior police, the PIC and the Ombudsman's office were failing to investigate legitimate complaints of misconduct, including corruption in the police promotion system.
The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.
Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."
2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.
How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.
This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.
Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.
Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.
Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?
Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.
Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.
Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.
Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.
Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.
Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?
Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.
Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.
Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.
Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:
Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.
Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).
Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').
