Journal article
"You Don't Need to Know": The Australian experience of criminal intelligence as evidence
Criminal Law Journal, Vol.45(5), pp.316-332
2022
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Abstract
Criminal intelligence, the synthesis of information and trained analysis to inform decision-making, has formed the cornerstone of policing and national security investigations for the last century. However, since 9/11 the traditional lines between "spies and cops" have become blurred, and Federal and State laws have become more permissive of the use of criminal intelligence as evidence in proceedings, often in circumstances where the parties are not allowed to view the evidence, test its strength or even know it exists. This article intends to engage with this paradigm, not only to expose its weaknesses but also to identify positivist mechanisms where such material usually probative as to the facts in issue - might be used in ways that do not offend constitutional or common law principles.
Details
- Title
- "You Don't Need to Know": The Australian experience of criminal intelligence as evidence
- Creators
- Brendan Walker-Munro - University of Queensland
- Publication Details
- Criminal Law Journal, Vol.45(5), pp.316-332
- Publisher
- Lawbook Co.
- Identifiers
- 991013167312502368
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Journal article