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Ned Kelly was hanged at the Old Melbourne Gaol on 11 November 1880, and his body buried in the graveyard there. Many stories emerged about his skull being separated and used as a paperweight or trophy, and it was finally put on display at the museum of the Old Melbourne Gaol — until it was stolen in 1978.
It wasn’t only Ned Kelly’s skull that went missing. After the closure of the Old Melbourne Gaol in 1929, the remains of deceased prisoners were exhumed and reinterred in mass graves at Pentridge Prison. The exact location of these graves was unknown until 2002, when the bones of prisoners were uncovered at the Pentridge site during redevelopment. This triggered a larger excavation that in 2009 uncovered many more coffins, and led to the return of the skull and a long scientific process to try to identify and reunite Ned Kelly’s remains.
But how do you go about analyzing and accurately identifying a skeleton and skull that are more than 130 years old? Ned Kelly: Under the Microscope details what was involved in the 20-month scientific process of identifying the remains of Ned Kelly, with chapters on anthropology, odontology, DNA studies, metallurgical analysis of the gang's armor, and archaeological digs at Pentridge Prison and Glenrowan. It also includes medical analysis of Ned's wounds and a chapter on handwriting analysis — that all lead to the final challenging conclusions.
Illustrated throughout with photographs taken during the forensic investigation as well as with historical images, the book is supplemented with breakout boxes of detailed but little-known facts about Ned Kelly and the gang to make this riveting story a widely appealing read.
Preface: Do we really need another Ned Kelly book?
List of contributors
1) The arrival of Ned’s skull
2) The identification of Ned Kelly: a historical perspective
3) Analysing the skull
4) Bringing up the bodies: the search for the lost Pentridge burial ground
5) Anthropology: identifying the skeleton by its injuries
6) Analysis of the skull using odontology and craniofacial superimposition
7) The forensic pathology
8) Forensic 3D facial reconstruction
9) Turning to the DNA
10) Looking after Ned in the mortuary
11) Judicial hanging: the injuries and effects
12) The prison governor
13) Who were the other prisoners executed and buried at the Melbourne Gaol?
14) Reading Ned’s head: colonial phrenology, popular science and entertainment
15) The science of the Kelly gang’s armour: distilling fact from fiction
16) The guns: firearms of the Kelly gang and police
17) Ned’s injuries and their treatment: then and now
18) Sifting through the past: the archaeological dig at Glenrowan
19) The police perspective
20) Ned Kelly’s inquisition
21) Edward Kelly: the last legal rites
22) Analysing the handwriting
23) Managing the news: a personal perspective
24) The end of a 70-year journey?
25) So who has Ned’s head?
26) Solving the mystery of the skull
Appendix 1: DNA processes
Appendix 2: Metal crystallography
In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women’s duties and obedience, and one stressing women’s rights and equality before the law. Focusing on muftis who see “the time and place” as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women’s dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
New to This Edition
*Extensively revised to reflect important legal, empirical, and clinical developments.
*Increased attention to medical and neuroscientific research.
*New protocols relevant to competence, risk assessment, child custody, and mental injury evaluations.
*Updates on insanity, sentencing, civil commitment, the Americans with Disabilities Act, Social Security, juvenile and family law, and the admissibility of expert testimony.
*Material on immigration law (including a sample report) and international law.
*New and revised sample reports.
This volume brings together leading neuropsychologists to shed light on the nuts and bolts of forensic practice. An array of adult and child cases are presented, involving such conditions as traumatic brain injury, multiple chemical sensitivity, cerebral anoxia, and electrical injury. Contributors show how they go about reviewing reports and depositions in a particular case, providing fine-grained analysis of the opinions and conclusions of the examiner. Issues addressed in detail include the selection of tests, appropriate use of normative samples, and errors in scoring and interpretation. Unique in providing multiple perspectives on each case, the book identifies common clinical and professional pitfalls and how to avoid them.
Grounded in the latest clinical and developmental knowledge, this book brings together leading authorities to examine the critical issues that arise when children and adolescents become involved in the justice system. Chapters explore young people’s capacities, competencies, and special vulnerabilities as victims, witnesses, and defendants. Key topics include the reliability of children’s abuse disclosures, eyewitness testimony, interviews, and confessions; the evolving role of the expert witness; the psychological impact of trauma and of legal involvement; factors that shape jurors’ perceptions of children; and what works in rehabilitating juvenile offenders. Policies and practices that are not supported by science are identified, and approaches to improving them are discussed.
This book offers a fresh perspective on treating a population that is often demonized by policymakers, the public, and even clinicians. The authors argue that most sex offenders are people like us, with the potential to lead meaningful, law-abiding lives—if given a chance and appropriate support. They describe an empirically and theoretically grounded rehabilitation approach, the Good Lives Model, which can be integrated with the assessment and intervention approaches that clinicians already use. Drawing on the latest knowledge about factors promoting desistance from crime, the book discusses how encouraging naturally occurring desistance processes, and directly addressing barriers to community reintegration, can make treatment more effective and long lasting.
Meeting a growing need for practitioners, this unique volume brings together leading experts to present the legal and clinical foundations of neuropsychology practice in criminal forensic cases. Authoritative yet accessible, the book reviews relevant case law and constitutional principles and provides clear-cut guidance for conducting assessments that address specific legal standards and questions, such as competency to confess, competency to proceed, criminal responsibility, and sentencing concerns. With coverage of both adult and juvenile contexts, chapters describe how to work effectively in correctional settings; gather information from multiple sources; detect deception; generate accurate, legally admissible findings; and communicate them successfully in the courtroom.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
The two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations. Reconciliation also refers to the sustainable reconciliation of both Indigenous and Settler peoples with the living earth as the grounds for both resurgence and Indigenous-Settler reconciliation.
Critically and constructively analyzing these two schools from a wide variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them.
By using “earth-teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate.
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy.
While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading.
Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
In recent years, a number of controversies have emerged from inside Canadian universities. While some of these controversies reflect debates occurring at a broader societal level, others are unique to the culture of universities and the way in which they are governed. In University Commons Divided, Peter MacKinnon provides close readings of a range of recent incidents with a view to exploring new challenges within universities and the extent to which the idea of the university as ‘commons,’ a site for open and contentious disagreement, may be under threat.
Among the incidents addressed in this book are the Jennifer Berdahl case in which a UBC professor alleged a violation of her academic freedom when she was phoned by the university's board chair to discuss her blog on which she speculated about the reasons for the university president's departure from office; the case of Root Gorelick, a Carleton University biologist and member of the university’s board of governors who refused to sign a code of conduct preventing public discussion of internal board discussions; the Facebook scandal at Dalhousie University’s Faculty of Dentistry in which male students posted misogynistic comments about their female classmates. These and many other examples of turmoil in universities across the country are used to reach new insights on the state of freedom of expression and academic governance in the contemporary university.
Accessibly written and perceptively argued, University Commons Divided is a timely and bold examination of the pressures seeking to transform the culture and governance of universities.
Good Judgment, based upon the author’s experience as a lawyer, law professor and judge, explores the role of the judge and the art of judging. Engaging with the American, English and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the questions, what exactly do judges do? What is properly within their role and what falls outside? And, how do judges approach their decision-making task?
In an attempt to explain and reconcile two fundamental features of judging, namely, judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make; but on the other hand, the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge, and will be of particular interest to lawyers, judges, law students and legal academics.
A lively narrative account of the first case to appear at the International Criminal Court, A Conviction in Question documents the trial of Union of Congolese Patriots leader and warlord, Thomas Lubanga Dyilo. Although Dyilo’s crimes, including murder, rape, and the forcible conscription of child soldiers, were indisputable, legal wrangling and a clash of personalities caused the trial to be prolonged for an unprecedented six years. This book offers an accessible account of the rapid evolution of international law and the controversial trial at the foundation of the International Criminal Court.
The first book to thoroughly examine Dyilo’s trial, A Conviction in Question looks at the legal issues behind each of the trial’s critical moments, including the participation of Dyilo’s victims at the trial and the impact of witness protection. Through eye-witness observation and analysis, Jim Freedman shows that the trial suffered from all the problems associated with ordinary criminal law trials, and uses Dyilo’s case to further comment on the role of international courts in a contemporary global context.
Public Security in Federal Polities is the first systematic and methodical study to bring together the fields of security studies and comparative federalism. The volume explores the symbiotic relationship between public security concerns and institutional design, public administration, and public policy across nine federal country case studies: Brazil, Canada, Germany, India, Mexico, South Africa, Spain, Switzerland, and the United States. In addressing specific national security concerns and aspects of globalization that are challenging conventional approaches to global, international, regional, and domestic security, this volume examines how the constitutional and institutional framework of a society affects the effectiveness and efficiency of public security arrangements. Public Security in Federal Polities identifies differences and similarities, highlights best practices, and draws out lessons for both particular federations, and for federal systems in general. This book is essential reading for scholars, students, practitioners as well as policy- and decision-makers of security and federalism.
In recent decades, indigenous peoples in the Yukon have signed land claim and self-government agreements that spell out the nature of government-to-government relations and grant individual First Nations significant, albeit limited, powers of governance over their peoples, lands, and resources. Those agreements, however, are predicated on the assumption that if First Nations are to qualify as governments at all, they must be fundamentally state-like, and they frame First Nation powers in the culturally contingent idiom of sovereignty.
Based on over five years of ethnographic research [carried out] in the southwest Yukon, Sovereignty’s Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty. This approach enables Nadasdy to illustrate the full scope and magnitude of the cultural revolution that is state formation and expose the culturally specific assumptions about space, time, and sociality that lie at the heart of sovereign politics.
Nadasdy’s timely and insightful work illuminates how the process of state formation is transforming Yukon Indian people’s relationships with one another, animals, and the land.