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- Title
THE MOVE TOWARDS PRE-EMPTION IN THE CRIMINAL LAW.
- Authors
Weinberg, Mark
- Abstract
The article presents a study which focuses on the move towards pre-emption in the criminal law in the U.S. It cites statements from the book "Preemption: A Knife That Cuts Both Ways," by Professor Alan Dershowitz, the distinguished American scholar, which stresses distinguishing real criminals from law-abiding citizens. It looks into several cases in discussing sex offender extended supervision orders as well as the joint judgment, the decision of Nettle JA and the legislative response. The court cases include RJE v. Secretary to the Department of Justice, TSL v. Secretary to the Department of Justice and Attorney-General (NSW) v. Winters. It notes that the RJE case provides an useful illustration of the move towards pre-emption in the criminal law.
- Subjects
UNITED States; CRIMINAL law; PRE-emption; PREEMPTION: A Knife That Cuts Both Ways (Book); DERSHOWITZ, Alan, 1938-; IDENTIFICATION of criminals; LEGAL judgments; JUSTICE; CRIMINAL procedure
- Publication
Monash University Law Review, 2009, Vol 35, Issue 1, p28
- ISSN
0311-3140
- Publication type
Article