Browsing by Author "Young, Gemma"

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Open Access
A Missing Narrative in Civil Disobedience: How does Civil Disobedience Definitions Work in Less Liberal Societies?
(Te Herenga Waka—Victoria University of Wellington, 2023) Young, Gemma; Colón-Ríos, Joel
The label of Civil Disobedience holds a significant weight in how people perceive different protest actions. However, the definition of Civil Disobedience has been a point of argument for years. It is unlikely there will ever be one definition that can fit all situations, but many do try. Unfortunately, the current definitions generally fail to consider the types of actions and complexities that are unique to less liberal societies. The result is that many actions in these societies ultimately cannot be labelled as Civil Disobedience. This paper looks at how certain elements often described in Civil Disobedience definitions discourse work in less liberal societies. This will be done with the help of the example of the Anti-Extradition Bill Protests in Hong Kong during 2019 and 2020. These protests surrounded the introduction of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill which became of great controversy in Hong Kong. The introduction of the Bill led to widespread protests throughout the region. However, there are mixed views on whether these protests can be labelled as Civil Disobedience. Ultimately, under the current definitions of Civil Disobedience, the protests would not be considered to fall under the heading. This paper will show how the key elements of Civil Disobedience do not reflect the complex situations that can arise in less liberal societies.
Open Access
Trial By Public Opinion: The Relationship Between The Media And The Criminal Justice Process Seen Through The Case Of Williamina “Minnie” Dean
(Te Herenga Waka—Victoria University of Wellington, 2022) Young, Gemma
Williamina “Minnie” Dean was convicted of infanticide in 1895 and became known as the only woman to have been executed in New Zealand’s history. However, her case had been a sensation from the moment she was arrested. This is due to the media’s extensive coverage of her case. The media have always been an integral part to the criminal justice process in order to fulfil the right to freedom of expression and free press. However, this right has always competed with the right for a defendant to have a fair and impartial trial. Therefore, the criminal justice process must try and balance these two principles in order for the best outcome to arise. This paper examines the balancing of these two principles through the real life case of Minnie Dean. This paper works through how the media was able to affect different procedural aspects of the case’s criminal process. Ultimately, the media did have a negative effect on Minnie Dean’s right to a fair and impartial criminal justice process. Modern day New Zealand has a lot more checks in place to make sure the right to a fair trial and free press are better balanced compared to the late 19th century. However, Minnie Dean’s case still highlights how important it is to make sure a defendant can have a fair process while also making sure the media can express the information to the public at large.