Southern criminology, law and the ‘right’ to consular notification in Australia, New Zealand and the United States

Kennedy, Sally and Warren, Ian 2018, Southern criminology, law and the ‘right’ to consular notification in Australia, New Zealand and the United States, International journal for crime, justice and social democracy, vol. 7, no. 4, pp. 100-114, doi: 10.5204/ijcjsd.v7i4.1082.

Attached Files
Name Description MIMEType Size Downloads

Title Southern criminology, law and the ‘right’ to consular notification in Australia, New Zealand and the United States
Author(s) Kennedy, Sally
Warren, IanORCID iD for Warren, Ian orcid.org/0000-0001-8355-118X
Journal name International journal for crime, justice and social democracy
Volume number 7
Issue number 4
Article ID 7
Start page 100
End page 114
Total pages 15
Publisher Queensland University of Technology
Place of publication Brisbane, Qld.
Publication date 2018-12
ISSN 2202-8005
2202-8005
Keyword(s) Southern Criminology
Legal Bracketing
Consular Assistance
Vienna Convention on Consular Relations
Foreign Nationals
Police Procedure
Summary This paper investigates the implementation of Article 36 of the Vienna Convention on Consular Relations in Australia, New Zealand and the United States (US) by using a Southern approach to examining law. We describe the incorporation of Article 36 from a defendant‐centred perspective under Australian and New Zealand laws governing police procedure, and the commensurate jurisdictional tensions it has generated in the US. We then empirically analyse 16 non‐capital US cases to identify the type of offence, the nationality and perceived English‐speaking competency of the foreign suspect, and the point at which the alleged Article 36 violation is canvassed in legal arguments. This analysis highlights the importance of a defendant‐centred Southern criminology of law in critically assessing the implementation of international legal requirements into domestic criminal justice practice.
Language eng
DOI 10.5204/ijcjsd.v7i4.1082
Field of Research 160204 Criminological Theories
160205 Police Administration, Procedures and Practice
Socio Economic Objective 940406 Legal Processes
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2018, The Author(s)
Persistent URL http://hdl.handle.net/10536/DRO/DU:30115852

Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 0 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 81 Abstract Views, 1 File Downloads  -  Detailed Statistics
Created: Sat, 01 Dec 2018, 08:42:32 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.