Ian Freckelton
Biographic Data
| ID | 6603159 |
|---|---|
| NAME | Ian Freckelton |
| GIVEN NAMES | Ian |
| FAMILY NAME | Freckelton |
| SIGNATURE | FRECKELTON I |
| AFFILIATIONS | The University of Melbourne |
| ORCID | 0000-0001-7509-6375 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 1 |
| WORKS AS AUTHOR | 10 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1994 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
Journal editors and publishers’ legal obligations with respect to medical research misconduct
As the burden of misconduct in medical research is increasingly recognised, questions have been raised about how best to address this problem. Whilst there are existing mechanisms for the investigation and management of misconduct in medical literature, they are inadequate to deal with the magnitude of the problem. Journal editors and publishers play an essential role in protecting the veracity of the medical literature. Whilst ethical guidance f…
The Mental Incapacity Defence in International Criminal Law
The defence of mental incapacity raises unique challenges in the particular context of mass atrocity and international criminal law. Yet, it has remained largely unexplored in the jurisprudence of international courts and tribunals. The Trial Chamber judgment issued by the International Criminal Court in the case of Dominic Ongwen offered a unique opportunity to remedy this and clarify the legal contours of the defence. Unfortunately, the court e…
Covid-19
Mental health treatment and human rights
Fitness to Stand Trial under Australian Law
This chapter reviews the statutory and case law in relation to fitness to stand trial in the Australian jurisdictions. There is significant disuniformity amongst Australian jurisdictions in relation to the statutory provisions relating to fitness to stand trial. Most importantly, there is a deficit in terms of the facility for a special trial for persons found unfit to stand trial in Western Australia and in Queensland. There is also variation in…
Expert evidence in fetal alcohol spectrum disorder cases
Fitness to Stand Trial under International Criminal Law
Expert Bias and Partisanship
Adversarial systems and court-centered systems approach the use of expert evidence very differently. This article focuses on the perspectives held by judges and other process participants on bias and partisanship in expert reporting in Australia and the Netherlands. It aims to provide insight into the origins of, and reasons for, bias and partisanship, focusing on psychological and psychiatric expertise. The first part of the article explains dif…
Liability of Psychiatrists for Failure to Certify
An area which has long been unclear in medical malpractice law has been the extent of the liability of psychiatrists and psychiatric hospitals for releasing a person prematurely with the result that either they or someone else is harmed. In a controversial decision of the New South Wales Supreme Court, Presland v Hunter Area Health Service and Dr Nazarian [2003] NSWSC 754, a person released from psychiatric confinement killed a relative and then …
Censorship and Vilification Legislation
It is of the essence of a free and mature nation that minorities are entitled to equality in the enjoyment of human rights
Expert Bias and Partisanship
Adversarial systems and court-centered systems approach the use of expert evidence very differently. This article focuses on the perspectives held by judges and other process participants on bias and partisanship in expert reporting in Australia and the Netherlands. It aims to provide insight into the origins of, and reasons for, bias and partisanship, focusing on psychological and psychiatric expertise. The first part of the article explains dif…
Censorship and Vilification Legislation
It is of the essence of a free and mature nation that minorities are entitled to equality in the enjoyment of human rights
Liability of Psychiatrists for Failure to Certify
An area which has long been unclear in medical malpractice law has been the extent of the liability of psychiatrists and psychiatric hospitals for releasing a person prematurely with the result that either they or someone else is harmed. In a controversial decision of the New South Wales Supreme Court, Presland v Hunter Area Health Service and Dr Nazarian [2003] NSWSC 754, a person released from psychiatric confinement killed a relative and then …
Expert Bias and Partisanship
Adversarial systems and court-centered systems approach the use of expert evidence very differently. This article focuses on the perspectives held by judges and other process participants on bias and partisanship in expert reporting in Australia and the Netherlands. It aims to provide insight into the origins of, and reasons for, bias and partisanship, focusing on psychological and psychiatric expertise. The first part of the article explains dif…
Fitness to Stand Trial under International Criminal Law
Expert evidence in fetal alcohol spectrum disorder cases
Fitness to Stand Trial under Australian Law
This chapter reviews the statutory and case law in relation to fitness to stand trial in the Australian jurisdictions. There is significant disuniformity amongst Australian jurisdictions in relation to the statutory provisions relating to fitness to stand trial. Most importantly, there is a deficit in terms of the facility for a special trial for persons found unfit to stand trial in Western Australia and in Queensland. There is also variation in…
Mental health treatment and human rights
Covid-19
The Mental Incapacity Defence in International Criminal Law
The defence of mental incapacity raises unique challenges in the particular context of mass atrocity and international criminal law. Yet, it has remained largely unexplored in the jurisprudence of international courts and tribunals. The Trial Chamber judgment issued by the International Criminal Court in the case of Dominic Ongwen offered a unique opportunity to remedy this and clarify the legal contours of the defence. Unfortunately, the court e…
Journal editors and publishers’ legal obligations with respect to medical research misconduct
As the burden of misconduct in medical research is increasingly recognised, questions have been raised about how best to address this problem. Whilst there are existing mechanisms for the investigation and management of misconduct in medical literature, they are inadequate to deal with the magnitude of the problem. Journal editors and publishers play an essential role in protecting the veracity of the medical literature. Whilst ethical guidance f…
Political science (8 works) · Law (6 works) · Law (4 works) · Psychiatry (4 works) · Psychology (4 works) · Medical Malpractice and Liability Issues (3 works) · Medicine (3 works) · Criminal law (2 works) · Criminal Law and Evidence (2 works) · Criminology (2 works)