Tyrone Kirchengast
Biographic Data
| ID | 4075892 |
|---|---|
| NAME | Tyrone Kirchengast |
| GIVEN NAMES | Tyrone |
| FAMILY NAME | Kirchengast |
| SIGNATURE | KIRCHENGAST T |
| AFFILIATIONS | The University of Sydney |
| ORCID | 0000-0001-7517-3537 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 4 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
The Scott Johnson Case: Prosecuting anti-homosexual violence in New South Wales
Much interest about the failure of New South Wales criminal justice in relation to anti-gay/anti-homosexual violence has centred on recent developments regarding the 1988 death of Scott Johnson, including the unexpected arrest and charging of an accused killer, Scott White. This article considers White’s 2022 conviction after a failed attempt to reverse a guilty plea, since successfully appealed, and judicial reflection on the nature of ‘hate’ as…
The Expressive Function of #VictimsLaw: Developing a Substantive and Enforceable Framework of Rights and Remedies in Response to Local Need and the Emerging forms of Victimization
All too often, the law fails victims because it is placatory and unenforceable. The law fails to provide real support and redress when victims need it. Recent international attention has moved to consider the benefits of a victims’ law, one that provides for recognition, dignity and respect for victims by enhancing victim agency through a type of justice which is both substantive and enforceable. It aims to provide higher levels of transparency a…
Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence
The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform …
Transforming crime victims’ rights: From Myth to Reality
Rights for crime victims have been decried as myths; entitlements that have little enforceability. At the same time, they have been criticised as undermining the legal rights of the accused person. In this Guest Editors Introduction to the Special Issue, Making Rights Real, we suggest that victims’ rights are in transition. Rights may be set out in legal instrument but, we argue, it is through the practices of people in their myriad settings that…
Crime victims’ rights commissioners: Public Interest Entities in a Regulatory Regime
The legal force of crime victims’ rights is ambiguous: are they service standards or legal rights? This question has created confusion about the nature of compliance and bifurcates the enforcement mechanism as administrative or legal. Regulatory analysis creates a wider lens to this debate. In this article, we conceive victims’ rights charters as part of a regulatory regime designed to influence the conduct of state agencies in discharging their …
The mixed and hybrid criminal courts of Brazil: Mainstreaming restoration, rehabilitation and community justice in a human rights context
In Brazil, minor to mid-level criminal offences are dealt with through an inventive community problem-solving paradigm that sees a shift from traditional court engagement between the accused and state towards a therapeutic process that involves all participants in the justice process. This article considers the work of the Domestic Violence and Special Justice Courts of Brazil, by examining their use of a mixed and hybrid adversarial-inquisitoria…
Victimhood, truth and criminal justice failure in relation to anti-homosexual violence and killings in New South Wales
This paper discusses and analyses the consequences of the inadequate criminal justice response regarding victims of fatal anti-homosexual/transgender violence in New South Wales (NSW) in the late twentieth century, and subsequent developments and claims that have either continued or resisted this pattern. It outlines the complexities around key investigations into unsolved homicides dismissed as accidents, suicides, or low priority killings, with…
Victims and the Criminal Trial
This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in a
Beyond normative constraints: Declining institutionalism and the emergence of substantive and procedural justice
Les victimes comme parties prenantes d’un procès pénal de type accusatoire
Cet article examine les différentes manières par lesquelles les victimes de crimes ont pu être intégrées à une procédure accusatoire dans des ressorts de common law. Le dépôt d’une déclaration de victime a été la principale voie par laquelle les victimes se sont vu octroyer un certain statut dans les procédures judiciaires. Récemment, l’importance croissante des avocats des victimes dans divers ressorts de common law témoigne du souci accru de do…
Les victimes comme parties prenantes d’un procès pénal de type accusatoire
Cet article examine les différentes manières par lesquelles les victimes de crimes ont pu être intégrées à une procédure accusatoire dans des ressorts de common law. Le dépôt d’une déclaration de victime a été la principale voie par laquelle les victimes se sont vu octroyer un certain statut dans les procédures judiciaires. Récemment, l’importance croissante des avocats des victimes dans divers ressorts de common law témoigne du souci accru de do…
The Scott Johnson Case: Prosecuting anti-homosexual violence in New South Wales
Much interest about the failure of New South Wales criminal justice in relation to anti-gay/anti-homosexual violence has centred on recent developments regarding the 1988 death of Scott Johnson, including the unexpected arrest and charging of an accused killer, Scott White. This article considers White’s 2022 conviction after a failed attempt to reverse a guilty plea, since successfully appealed, and judicial reflection on the nature of ‘hate’ as…
Transforming crime victims’ rights: From Myth to Reality
Rights for crime victims have been decried as myths; entitlements that have little enforceability. At the same time, they have been criticised as undermining the legal rights of the accused person. In this Guest Editors Introduction to the Special Issue, Making Rights Real, we suggest that victims’ rights are in transition. Rights may be set out in legal instrument but, we argue, it is through the practices of people in their myriad settings that…
Les victimes comme parties prenantes d’un procès pénal de type accusatoire
Cet article examine les différentes manières par lesquelles les victimes de crimes ont pu être intégrées à une procédure accusatoire dans des ressorts de common law. Le dépôt d’une déclaration de victime a été la principale voie par laquelle les victimes se sont vu octroyer un certain statut dans les procédures judiciaires. Récemment, l’importance croissante des avocats des victimes dans divers ressorts de common law témoigne du souci accru de do…
Beyond normative constraints: Declining institutionalism and the emergence of substantive and procedural justice
Victims and the Criminal Trial
This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in a
Victimhood, truth and criminal justice failure in relation to anti-homosexual violence and killings in New South Wales
This paper discusses and analyses the consequences of the inadequate criminal justice response regarding victims of fatal anti-homosexual/transgender violence in New South Wales (NSW) in the late twentieth century, and subsequent developments and claims that have either continued or resisted this pattern. It outlines the complexities around key investigations into unsolved homicides dismissed as accidents, suicides, or low priority killings, with…
The mixed and hybrid criminal courts of Brazil: Mainstreaming restoration, rehabilitation and community justice in a human rights context
In Brazil, minor to mid-level criminal offences are dealt with through an inventive community problem-solving paradigm that sees a shift from traditional court engagement between the accused and state towards a therapeutic process that involves all participants in the justice process. This article considers the work of the Domestic Violence and Special Justice Courts of Brazil, by examining their use of a mixed and hybrid adversarial-inquisitoria…
The Expressive Function of #VictimsLaw: Developing a Substantive and Enforceable Framework of Rights and Remedies in Response to Local Need and the Emerging forms of Victimization
All too often, the law fails victims because it is placatory and unenforceable. The law fails to provide real support and redress when victims need it. Recent international attention has moved to consider the benefits of a victims’ law, one that provides for recognition, dignity and respect for victims by enhancing victim agency through a type of justice which is both substantive and enforceable. It aims to provide higher levels of transparency a…
Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence
The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform …
Transforming crime victims’ rights: From Myth to Reality
Rights for crime victims have been decried as myths; entitlements that have little enforceability. At the same time, they have been criticised as undermining the legal rights of the accused person. In this Guest Editors Introduction to the Special Issue, Making Rights Real, we suggest that victims’ rights are in transition. Rights may be set out in legal instrument but, we argue, it is through the practices of people in their myriad settings that…
Crime victims’ rights commissioners: Public Interest Entities in a Regulatory Regime
The legal force of crime victims’ rights is ambiguous: are they service standards or legal rights? This question has created confusion about the nature of compliance and bifurcates the enforcement mechanism as administrative or legal. Regulatory analysis creates a wider lens to this debate. In this article, we conceive victims’ rights charters as part of a regulatory regime designed to influence the conduct of state agencies in discharging their …
The Scott Johnson Case: Prosecuting anti-homosexual violence in New South Wales
Much interest about the failure of New South Wales criminal justice in relation to anti-gay/anti-homosexual violence has centred on recent developments regarding the 1988 death of Scott Johnson, including the unexpected arrest and charging of an accused killer, Scott White. This article considers White’s 2022 conviction after a failed attempt to reverse a guilty plea, since successfully appealed, and judicial reflection on the nature of ‘hate’ as…
Political science (10 works) · Criminal Justice and Corrections Analysis (8 works) · Law (8 works) · Sociology (8 works) · Criminology (7 works) · Criminal justice (5 works) · Law (5 works) · Economic Justice (4 works) · Law and economics (4 works) · Law in Society and Culture (4 works)