Person

Arie Freiberg

Journal

Regulation and the war on red tape: a review on the international academic literature

This article interrogates both the more extreme claims of the anti-regulation advocates and the alleged successes of anti-red tape initiatives, identifying a critical clash of values over the role of the state and the appropriate relationship between government, business and the community.
Article

"What’s in a name?" Does knowing you’re a regulator make a difference?

This article discusses a not-so-obvious question of what kinds of people and organisations actually perform the role of a regulator, and why this might matter.
Report

Plea negotiations: an empirical analysis

Negotiating guilty pleas (‘plea bargaining’) is a central element of criminal justice processes in Australia, yet little is known outside the legal community about the frequency and outcomes of plea negotiations. This study addresses this important knowledge gap through qualitative and quantitative analysis of cases...
Report

Provocation in sentencing (second edition)

First published in February 2008, the research paper was written in response to the abolition of provocation as a partial defence to murder following the Victorian Law Reform Commission's review of defences to homicide. The Commission recommended that, rather than raising a partial defence to...
Report

Provocation in sentencing

This paper is intended as an examination of some of the sentencing policy issues and principles raised by the abolition of the partial defence of provocation in light of the VLRC Homicide Report. Although the authors' main focus is on considering provocation in sentencing offenders...