Similar Fact Evidence - Free Essay Example

Sample details Pages: 9 Words: 2835 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Don’t waste time! Our writers will create an original "Similar Fact Evidence" essay for you Create order Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in s  11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.  [6]  This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.  [7] Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].  [8] Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.  [9] B. EA Under s  5 of the EA, a fact is only relevant if it falls within one of the relevancy provisions  [10]  stated in s  6 to s  10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, s  11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by s  14 and s  15 as it is concerned with conduct that is merely similar in nature to those facts in issue  [13]  . s  14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissibl e to prove mens rea or to rebut the defence of good faith.  [14] s  15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,  [15]  and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.  [16] Admission of similar fact evidence under the EA is based on a categorization approach  [17]  , where such evidence is admissible pursuant to the exceptions stated in the EA  [18]  . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s  14 and 15.  [19] Significantly, Singapore, India, Malaysia and Sri Lanka have identical s  11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Act  [20]  , the three sections have not been amended since the 19th century.  [21] C. Case Law Interpretation of Similar Fact Evidence in EA Singapo re courts have not strictly adhered to the draftmans intention in recent cases.  [22]  The court has incorporated common laws balancing test  [23]  where the judge would balance between the probative and prejudicial effect of the similar fact evidence.  [24] In Lee Kwang Peng v PP  [25]  , scope of similar fact evidence was extended to prove actus reus. Pursuant to s  11(b), the court was of the view that the section embodied  [26]  the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.  [27]  Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidence  [28]  . The courts, until Law Society of Singapore v Tan Guat Neo Phyllis  [29]  (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evide nce substantially unfair to the accused.  [30] D. Under the Criminal Procedure Code Act (2010)  [31]  (CPC) s  266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidence  [32]  . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.  [33] In Makin v A-G for NSW  [34]  , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.  [35] Boardman v PP  [36]  reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.  [37] However, the requirement of striking similarity was deemed to be too narrow in DPP v PP  [38]  . Instead, sufficient probative force could be gleaned from other circumstances  [39]  . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.  [40]  Hence, similar fact evidence is admissible to establish actus reus  [41]  . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into s  11, 14 and 15  [42]  as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, s  14 and s  15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.  [43]  As a result, judicial discretion to exclude very detrimental evidence was developed.  [44] Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inference  [45]  , limiting the use of this evidence to prove mens rea would allow extremely probati ve evidence to be excluded  [46]  . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.  [47] Fourth, under s 15, a single act, no matter how probative, is inadmissible.  [48]  However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstances  [49]  . Fifth, the courts have admitted similar fact evidence pursuant to s  11  (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of s  11(b). Lastly, in light of Phyllis Tan  [50]  , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Acts  [51]  (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in s  98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.  [52]  Operation of s  97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.  [53] (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and rele vantly similar  [54]   would be inadmissible unless notice is given and the court is convinced that it possesses significant probative value  [55]  . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under s  101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need not  [56]  be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawn  [57]  . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity i n what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to s  11, 14 and 15 of The Indian Evidence Act  [58]  , upon which the EA was modeled on  [59]  , had been made pursuant to a review in 2003.  [60]  However, the changes made were very minor.  [61] (a) Section 11 An explanation, inserted after s  11(2)  [62]  , qualified the type of evidence rendered relevant under s  11 such that the degree of relevancy is dependent on the opinion of the Court  [63]  . (b) Section 14 Clarifications to illustration (h) of s  14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.  [64] (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.  [65] (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of s  11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003  [66]  (CJA) The admissibility of criminal evidence is presently governed entirely  [67]  by the CJA. Part II of CJA addresses the admissibility of bad character  [68]  evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways unde r s 101(1)  [69]  . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecution  [70]  . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lie  [71]  . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.  [72] Regardless, s  101 (3) allows the court to exclude evidence, falling under s 101  (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.  [73] The scope for the admissibility of bad character evidence has widened under the CJA.  [74]  In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibility  [75]  . Although, under s  103, bad charact er evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, s  101 (1), with the exception of s  101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the C JA would be contrary to Phyllis Tan  [76]  and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings s  5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, s  5 to s  11 should be placed under a sub-heading of Governing Facts in issues  [77]  . Second, s  12 to s  16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation w here the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)  [78]  and s  103(4)  [79]  of the CJA. (3) Clarification of s. 15 s  15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential d anger of placing too much importance on a single episode, a qualification, such as the no rationale reason  [80]  test, should be implemented along with the extension of s  15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.

The Tragedy Of The Holocaust - 3499 Words

Through the years, people have endured drastic hardships through their societal experiences; however, the holocaust seems to be the huge adversity to overcome. The holocaust has taught the society many things; although the world has not exactly learned from the experiences entirely. The holocaust is a learning experience still today, so that this generation will not repeat the same drastic measures. Many people today seem to think that the holocaust never happened; in spite of this, there are those that disagree. I have had the opportunity to listen to a firsthand account of the tragedy that happened several years ago, Marion Blumenthal Lazan wrote the Four Perfect Pebbles, and I had the opportunity to listen to her my freshmen year of high school. Though, I have had the experience of listening to her story, she is not the only one that is telling the experience that was encountered. Even though the Holocaust was in War World II, the Nazi regime did not come into effect until Adolf H itler was established as the dictator of Germany. Hitler’s ant-Semitism for the Jews lead to one of the biggest massacres in history , but it was because it was the center of his mental war . Though he was a German dictator, he was not seen as a typical German, he did not have blonde hair and blue eyes, he was born into an Austrian family. â€Å"Once Hitler assumed power he gradually began to impose regulations that persecuted the Jews and introduced his racist ideology in which Aryans wereShow MoreRelatedThe Tragedy Of The Holocaust1708 Words   |  7 PagesThe Holocaust is, by definition, a tragedy. HaShoah, the Hebrew word for the Holocaust, translates to â€Å"the catastrophe.† The very notion of humor during the Holocaust may seem incongruous, appalling, and wildly inappropriate. Tragedy is seen as serious, while comedy is typically lighthearted in nature. However, there is precedence for ‘comic relief,’ the presence of humor in tragedy with the des ired effect to relieve tension. Frequently, comic relief is used so that tragedy does not overshadow usRead MoreThe Tragedy Of The Holocaust945 Words   |  4 PagesSince the terrorist attack on Paris, to the natural disasters in Haiti; there have been a variety of tragic events that have occurred throughout history across the world. Perhaps one main tragedy that leaves people feeling baffled is the Holocaust. Eric Lichtblau described the Holocaust in his article, The Holocaust Just Got More Shocking, as a genocide in which Adolf Hitler’s Nazi Germany and its associates killed approximately six million Jewish people because the Nazis believed that exterminatingRead MoreThe Tragedy Of The Holocaust1599 Words   |  7 Pagesassigned Adolf Hitler as their chancellor. Once Hitler had finally reached power he set out to complete one goal, create a Greater Germany free from the Jews (â€Å"The reasons for the Holocaust,† 2009). This tragedy is known today as, â€Å"The H olocaust,† that explains the terrors of our histories past. The face of the Holocaust, master of death, and leader of Germany; Adolf Hitler the most deceitful, powerful, well spoken, and intelligent person that acted as the key to this mass murder. According to a researchRead MoreThe Tragedy Of The Holocaust922 Words   |  4 PagesFrom the terrorist attack on Paris, to the natural disasters in Haiti; there have been a variety of tragic events that have occurred throughout history across the world. Perhaps one main tragedy that leaves people feeling baffled is the Holocaust. Eric Lichtblau described the Holocaust in his article, The Holocaust Just Got More Shocking, as a genocide in which Adolf Hitler’s Nazi Germany and its associates killed around six million Jewish people because the Nazis believed that exterminating the JewishRead MoreThe Tragedy Of The Holocaust1063 Words   |  5 Pagesreligious family and a tough culture surrounding him, the Holocaust effected his life to the extreme but along with all his suffering and the tragedies in his life the Holocaust did not take him. He stuck by his believes and made it out alive. Born in Vilna with pride, it gave an eminent name to the Jewish people. He has four sisters, Rachel, Sonia, Doba and _. Also his mother and father, nephews and nieces. All but Rachel and he died of the Holocaust. In Vilna the Jews lived on one side of the street andRead MoreThe Tragedy Of The Holocaust1540 Words   |  7 Pagesdiverse in the cause; it is the indifference and ruthlessness that an individual portrays. 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Nature-Nurture and the Cloned Human Free Essays

The three levels in biopsychosocial theory (explained in Myers, 2006) are biological, psychological (e.g., cognitive and emotional influences), and social-cultural (unusual since these influences include those studied by social psychologists, e. We will write a custom essay sample on Nature-Nurture and the Cloned Human or any similar topic only for you Order Now g., family, peer, and other group influences).   The influences in the three levels generally interact with each other in accounting for the variability between individuals.   However, if a person wanted to be cloned, the person and the clone should be genetically identical, i.e., a result of the first level.   We do know that identical twins are essentially clones (Myers, 2006). Genetics can fully account for characteristics such as genetic sex, and also can influence or fail to influence other personality characteristics of identical twins.   Influence, however, means that genetics interact with influences from the other two levels.   Until the last paragraph of this paper, the assumption that evidence based on identical twins can be generalized to clones has been accepted. Similar article: The Case of the Boy Who Became a Girl The goal of psychologists studying personality is to account for the variability between individuals.   Behavioral-genetic research, which has been furthering this goal, has been motivated by findings that similarities between identical twins do not vary as a function of whether the twins were reared together or apart, there is considerable between-twin variability, and adopted children do not share characteristics with their adoptive families but do share them with their biological families (reviewed in Harris, 1995).   There have been consistent findings that 40-50% of the between-individual variability in personality characteristics is attributable to genetics, and the percentage of variability accounted for by genetics depends on the characteristic being studied (reviewed in Harris, 1995). Studies of genetics and IQ scores (reviewed in Neisser, et al., 1999) have provided evidence that genetics account for a large percentage of between-individual (but not between-group) variability in scores (whatever these tests actually measure!), though results can be mediated by other influences, e.g., by social expectations (from level three) and cognition (from level two). For example, children who do not care enough about their grades to appreciate the worksheet and memorization approach that passes for teaching at many schools (social expectations) may interpret these tests (cognitive influences) as yet another obstacle invented by the educational system.   Nonetheless, if you score well on an IQ test, there’s a high probability that your clone will too.   There are genetic predispositions for many characteristics, with varying degrees to which non-genetic factors interact with genetic ones, e.g., depression (Behar, 1980), attitudes (Turner, 1993), alcoholism (Hill, 1990), altruism (Ruston, 1989), shyness (Kagan, Reznick, Snidman, 1988). Need for Further Research When people think of cloning, they seem to be asking questions such as, â€Å"if Einstein or Mozart were cloned, would the clone grow up to be a scientific or musical genius?†   First, the clones and persons would differ in some or many of   their experiences both before birth (i.e., in the womb, identical twins differ in their positions, access to nutrition, etc.) and   after.   The clones would be predisposed towards scientific or musical accomplishment.   However, Watson and Rayner (1920/2000) demonstrated that classical conditioning resulted in â€Å"Little Albert† becoming frightened of anything furry after only two trials in which the presentation of a white rat was followed by a loud noise.   So who knows what would happen if Einstein’s or Mozart’s clone tripped over an encyclopedia or violin? However, Einstein and Mozart were at the extremes of scientific and musical genius, where genetics are a greater influence than for Aunt Edna, who teaches science at Dung Hill High School, or for Grandpa Patrick, who entertains his family with heart-warming renditions of â€Å"When Irish Eyes are Smiling.†Ã‚   So there should be a high probability that Einstein’s and Mozart’s clones would make important contributions to science and music.   To my knowledge, there have not been identical-twin studies, where one or both twins received historical recognition for their accomplishments. A second type of question is related to possible differences in reproduction and cloning.     Increasingly sophisticated methods of monitoring brain activity, e.g., functional magnetic resonance imaging, have resulted in studies that have provided evidence that particular areas of the brain become activated as we develop new abilities and acquire new forms of memories, and that over the course of development, there are permanent changes in a person’s brain (reviewed in Damasio, 2002). Probably the most interesting possible change is related to our understanding that we have an internal world separate from others.   Piaget (1952/1963) studied how such a sense of self developed during childhood, and there’s evidence that different brain areas are activated in response to self-relevant information than in response to other information (reviewed in Zimmer, 2005).     Thus the question arises:   Is it possible for Aunt Edna and her clone to have a shared sense of self? References Behar, D. (1980).   Familial substrates of depression:   A clinical view.   The Journal of Clinical Psychiatry, 41, 52-56. Damasio, A. R. (2002).   How the brain creates the mind.   Scientific American Special Edition, 12, 4-9. Harris, J. R. (1995).   Where is the child’s environment?   A group socialization theory of development.   Psychological Review, 102, 458-490. Hill, S. Y. (1990).   Personality resemblances in relatives of male alcoholics:   A comparison with families of matched control cases.   Biological Psychology, 27, 1305-1322. Kagan, J., Resnick, J. S., Sidman, N. (1988).   Biological bases of childhood shyness. Science, 240, 167-171. Myers, D. G. (2006).   Psychology eighth edition in modules.   New York:   Worth. Neisser, U., Boodoo, G., Bouchard, T., Boykin, A. W., Brody, N., Ceci, S. et al. (1999). Intelligence:   Knowns and Unknowns.   In R. J. Sternberg R. K. Wagner (Eds.), Readings in cognitive psychology (pp. 486-532).   Orlando, Fl:   Harcourt. Piaget, J. (1952/1963).   The origin of intelligence in children.   New York:   Norton. Rushton, J. P. (1989).   Genetic similarity, human altruism, and group selection. Behavioral and Brain Sciences, 12, 503-559. Tesser, A. (1993).   The importance of hereditability in psychological research:   The case of attitudes.   Psychological Review, 100, 129-142. Watson, J. B., Rayner, R. (1920/2000).   Conditioned emotional reactions.   American Psychologist, 55, 313-317. Zimmer, C. (2005).   The neurobiology of the self.   Scientific American, 293, 92-101. How to cite Nature-Nurture and the Cloned Human, Essay examples

Monopolies - Duopoly - and Oligopolies in Australia - myassignmenthelp

Question: Discuss about theMonopolies,Duopoly, and Oligopolies in Australia. Answer: Introduce The firms which are operating in the highly concentrated markets are considered as more profitable2. But if the firms operating are the monopoly, they are likely to showcase better results. As per the research studies, it has documented that the firms operating with the monopolistic powers within the Australia exercise a better position in terms of the investment in the research and innovation. The Australian monopoly companies are also able to better develop as compare to the smaller competitors. This Journal was published by the Centre for International Finance and Regulation8. It showed that the monopolies which have one player dominating the market are able to succeed in the Australia. Likewise, the duopolies which have two players operating and the oligopolies which have a small number of producers and sellers are able to perform better in the concentrated market of Australia in comparison to the competitors operating in the markets. The Economic Analysis The Australian market has the diverse market of opportunities. But, in order the drive success for the national economy it is defined with the structure of its markets6. There are different types of markets and each of them has different characteristics while operating in the market. The main market structures are divided into-: 1) Perfect Competition-: the perfection competition market is defined on the basis of the many buyers and the sellers. As per the classical theory, it defines and classifies perfection competition with infinite buyers and sellers. Due to the multiple buyers and sellers operating, it is difficult for the one particular firm which influences the market, in terms of demand and pricing. Apart from the many buyers and sellers, they are selling identical products with no particular differentiation. Firms are price takers and all the firms co-exist with the small market share. 2Australian Bureau of Statistics, Queensland Office,The Economic Status of Migrants in Australia,Canberra, Australian Govt. Pub. Service, 2011, p. 320. 6A.Kring, et al.,Abnormal Psychology,11thedn., Hoboken, NJ, John Wiley Sons, 2010, p. 40. 9The Cambridge Companion to Postmodernism,Cambridge, U.K., Cambridge University Press, 2004, p. 70. 2) Monopoly-: The monopoly market has opposite characteristics of the perfect competition. In a pure monopoly, there exists only one particular producer of the good and services7. There is no substitute for the product. Due to this, the single producer and seller are able to dominate the market and influence the pricing. There is low competition within the firms and profits are derived on the basis of the consumers willingness to purchase the particular product at the producer price. This type of market structure is possible due to the selling of the patents products and services, lack of close substitutes and on account of the high barriers. 3) Oligopoly -: Oligopoly market exists with the few producers that are able to dominate the market in terms of pricing, products, and production5. They are selling similar products but are slightly differentiable. The difference in between the monopoly and the oligopoly is that they do not have the same pricing power as of the monopolists. Due to the government regulation, the oligopolies can collude and can set prices in a similar monopolist way. 4) Monopolistic Competition-: It is a combination of the monopoly and of the perfect competition. There are many buyers and sellers, but the sellers are producing differentiable types of similar products. Due to this, in the monopolistic competition market structure, they are able to charge greater prices. 5) Monopsony-: The buyers can also differentiate the market system. In this type of market, there is a single buyer for the product and services due to which they can influence the pricing4. 7M.J. Sargent, P. Nilan, and G. Winter,The New Sociology for Australians,4th edn., Melbourne, Longman Australia, 2007, p. 140. 5J.M. Foley (ed.),A Companion To Ancient Epic,Oxford, Wiley-Blackwell, 2009, pp. 25-26. 4A. Blackledge and A. Creese,Multilingualism: a Critical Perspective,London, Continuum, 2010, p. 10. Due to the global competition and looking at the Australian economy, the monopoly, duopoly and the oligopoly are able to thrive in the market as they are able to fix either the pricing or the quantity of supply. Due to the low degree of competition within the Australian market, along with the pricing strategies and with the high profit, a performance of the firm, the monopolistic, oligopoly, and the duopoly are able to reap benefits from the market. Viewpoint As per my viewpoint and analysis, the monopoly market structure along with duopoly and the oligopoly can fairly exist in the Australian market. Due to the lower government regulation, lower degree of competition and numerous buyers the monopoly market framework can work profitably. For the key players the actions which are recommended are the-: As it is difficult to differentiate in between the market and the firm which co-exist within a given framework, the monopolists need to identify a specific strategy either to exercise their power on pricing or with the quantities of supplies. The products and services provided should not have close substitutes and the monopolists can create high barriers to entry by reaping economies of scale. The other ways are by creating patent licensing, technology superiority, and control of the essential and rare resource while selling in the market. As a price maker, it does not mean the monopolist can control both the price and quantity of supplies. Either fix the supply or dominate the market with the pricing factor. The other variable will be dependent on the given fixed variable which will exist due to the market forces. For the policy makers the viewpoint will be-: They can also formulate policies by regulating prices3. 3J. Baker, 'The Place of Science and Technology in the Wise Management of the Great Barrier Reef', in E. Wolanski (ed.), The monopolist power can be through government regulation. The policy makers can utilize the use of the competition laws, in order to make industry competitive. If it's foreseen any market failures due the monopoly market structure is small with the comparison to an imperfection of policies, then no action is deemed. For the Oligopolies, the policy makers can try their best to avoid cartel and collusion formation and prosecute them under the competition laws. Conclusion The Australian economy is the free and liberalized economy with low prevalent market imperfection and government regulation. Due to this, the monopoly, oligopoly and duopoly framework can easily exist with the Australian market structure which can prove to be profitable1. Due to the fair degree of competition and pricing strategies the monopolist market structure can easily dominate the market. The chances for the firms operating with the perfect competition market have low profitability and sustainability due to the stiff competition faced, as they are selling identical products. To expand and explore the Australian market, the monopoly type of market structure can boom, due to the sharing of large market share and high profitability. 1Y. Aralawa,Zen Painting, trans. J. Bester, Tokyo, Kodansha International,2010, p. 75 References Arakawa, Y.,Zen Painting, trans. J. Bester,Tokyo, Kodansha International, 2010. Australian Bureau of Statistics, Queensland Office,The Economic Status of Migrants in Australia,Canberra, Australian Govt. Pub. Service, 2011. Baker, J., 'The Place of Science and Technology in the Wise Management of the Great Barrier Reef', inE.Wolanski,(ed.),Oceanographic Processes of Coral Reefs: Physical and Biological Links in the Great Barrier Reef,Boca Raton, CRC Press, 2013, pp. 14-20. Blackledge, A.and A. Creese,Multilingualism: a Critical Perspective,London, Continuum, 2010. Foley, J.M. (ed.),A Companion To Ancient Epic,Oxford, Wiley-Blackwell, 2009. Kring, A.et al., Abnormal Psychology,11th edn., Hoboken, NJ, John Wiley Sons, 2010. Sargent, M.J., P. Nilan and G. Winter,The New Sociology for Australians,4th edn., Melbourne, Longman Australia, 2007. The Cambridge Companion to Postmodernism,Cambridge, U.K., Cambridge University Press, 2004.