A legal defence of infanticide exists in NZ and other similar jurisdictions. But it is not an option in US courts, making the Clancy jury’s job more difficult.
- Professor of Law, Auckland University of Technology
Ever wondered what it really means to make a citizen’s arrest? It’s more complicated and risky than you might think, despite the latest changes to the Crimes Act.
Same-sex marriages and an apology from the state followed the homosexual law reform, but gaps remain for some people trying to have historic convictions expunged.
The government says proposed move-on orders will tackle disorder. Critics argue they risk punishing homelessness while doing little to address its causes.
Brenton Tarrant’s case before the Court of Appeal this week raises simple questions that help explain how New Zealand’s legal system works.
A proposed law change would criminalise protests near private residences. But laws against disruptive or violent protest already exist, so what’s the point?
The brains of young people are developing until about age 25, limiting their ability to make rational decisions and control impulses. Youth justice policies that ignore this risk failure.
Judges routinely reduce sentences based on mitigating factors. But a proposal to cap such reductions will potentially lead to fewer guilty pleas and put more strain on a the justice system.
The government says its new rules will deter people from joining gangs. But extending restrictions on gang insignia into people’s homes could be a step too far under the Bill of Rights.
The right to a fair trial means cutting the funding of cultural reports will simply shift the burden. Lawyers will find other ways to put the same information before a judge.
The government’s promised crack-down on gangs may have to work around existing legislation – and human rights provisions.
The term ‘infanticide’ has specific meanings in a courtroom and is related to the separate defence of ‘insanity’. But legal language is contestable and can be archaic – adding to a jury’s burden.
As the Law Society recently reported, legal aid in New Zealand is ‘on life support’. Urgent action is required to avoid the justice gap becoming a chasm.
The perpetrator of Friday’s terror attack in Auckland spent time in prison for sharing objectionable ISIS material, but under New Zealand’s criminal law he couldn’t be detained for planning an attack.
Britain is ‘opening up’ after months of COVID-19 restrictions. But it could also be opening itself up to court action for breaching international human rights laws.
Pressure from business leaders and a simple legislative process leave few excuses for not introducing rules to combat modern slavery in commercial supply chains.
The right to return is real but not absolute, and must be balanced with the rights of those already in New Zealand.
Despite the government agreeing in principle to the royal commission’s recommendations, nothing is set in stone — including findings of fact.
The latest decision in the Civic Creche case highlights a gap in the Criminal Cases Review Commission’s ability to look at appeals from beyond the grave.
It’s hard to see how there will be any appeal for the Australian mass gunman who was jailed for life without parole since he was so accepting of his fate.
The law is on the judge’s side when it comes to fears the Christchurch killer will use his sentencing hearing to grandstand.
A whole life sentence has never been imposed in New Zealand but it seems likely the prosecution will call for one for the Christchurch gunman.
Legal challenges to New Zealand’s strict early lockdown rules will test how far a government can go in a public health emergency.
The Christchurch gunman’s surprise guilty plea makes him the first person convicted of terrorism in New Zealand. A legal expert explains what will happen next in the sentencing process.
Through his lawyer, the alleged perpetrator of the Christchurch mosque attacks has entered not guilty pleas on 92 charges, including terrorism. A procedural hearing has found him fit to stand trial.
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