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ATS1282: Criminal Justice
Terms in this set (29)
What are the central ideas of the criminal justice system?
1. Exercise of discretion
2. All have different opinions on its role (punishment, rehabilitation or restoration?)
What is the criminal justice system?
Comprised of institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation
What is meant by justice? Why is it so difficult to agree upon a universal definition?
"Just" behaviour or treatment - fairness. View of justice is dependent on moral/legal ideas and perceptions.
Why do we need a criminal justice system?
To regulate behaviour, enforce social control
What are the aims of the CJS?
1. The prevention of certain kinds of behaviour that society regards as either harmful or potentially harmful.
2. To protect interests, security and values
What is meant by a "practical/instrumental" and "symbolic" view of justice?
- To respond to crime to secure the benefits to the wider society
- Preventing crime from happening, reducing number of crimes committed
- To redress imbalances caused by those which take illegal advantage of another or diminish their human dignity (Daly 2011)
How is the CJS structured in Australia?
Comprised of a collection of independent agencies who share the same objectives (each have their own agenda)
Agencies: police, courts, punishment/corrections, crime prevention, victims (victim assistance)
What is the "funnel of the CJS"?
Narrowing of cases from a large number experienced by victims to a trickle of defendants convicted and sanctioned
- Some types of offences more likely to be reported and prosecuted
1. Many lower-level crimes not reported to the police
2. Police may not investigate or may be unable to identify the offender
3. Person may not be charged
4. Charges may be dismissed
5. Offender may receive a non-custodial sentence
Should crime always be administered by the state?
Depends on view of state, state capable of generating many different sets of rules, regulations, laws and by-laws.
Conservative and Liberal: yes, state represents values of society
Radical: no, state represents values of powerful
What are three approaches to the views of the state?
1. Conservative: consensus of values in society, state viewed as neutral, it will defend and protect individual rights
2. Liberal: state not neutral but reflects diverse and competing interests in the community. State will respond to pressures generated by different groups, and main function is to resolve conflicts between competing groups
3. Radical: state is an agency of social power, primarily serves the interest of more powerful groups in society. State functions to preserve, maintain and extend the powers of the dominant groups in society
Do we need police?
Yes: sense of security, reminder of whats wrong/unlawful, role of police different in each country,
If no police, people may take power/responsibility into their own hands
Should police be a force of service? What should be the priorities?
Should be a balance of both: police effectiveness relies on the cooperation of society (need to be respected) and needs to be viewed as legitimate
What are the police:civilian ratios in Australia?
As of 2010, 262/100,000 people
in NT: 671/100,000 people
What are the roles of modern policing?
1. Law enforcement
2. Crime prevention
Priorities dependent on community needs
What are Peel's principles?
1. Prevent crime and disorder
2. Public approval essential
3. Need to encourage co-operation and voluntary observance of the law
4. Minimum and proportionate use of force
6. Adherence to police functions, not to judge or punish
7. Efficiency based on the absence of crime
What are some of the challenges of counter-terrorism?
Recruitment done online, give up privacy to regulate
What is police discretion?
"Liberty of deciding as one thinks fit, absolutely or within time limits"
- Decision regarding difficult situaitons affecting the community, influenced by nature of crime
- Decision of the officier is dependent on own experience, what they've experienced already
Does police impartiality occur in practice?
No: evidence of over and under policing
What is over-policing and why does it occur? Who are the victims and what are the results?
What: Targeting of particular groups; prejudice/discrimination
Why: societal, organisational and individual factors (community/institutionalised norms etc.)
Who: Indigenous Australians, African-Australian youths, homeless
Results: over-conviction, mistrust and disrespect of officers, intimidation and violence, poor relationship
What is under-policing and why does it occur? Which offences are generally under-policed and what are the results?
What: certain offences are subject to less surveillance
Why: More crime dependent, what society puts their importance in, not treated with the same degree of seriousness, occur in private
Crimes: domestic violence, hate crimes
Results: Failure to protect vulnerable individuals, differential access to justice, lack of public confidence
What are some characteristics of police culture?
Toughness, unity, rank dictated, competitive, authoritative, elitist, us vs. them mentality, social solidarity, protection, comradery, sense of mission towards police work
In what ways is police culture a good thing and essential in trying to work in a difficult occupation?
Take their job seriously, work together.
Though there are also consequences of masculine, tough culture: can be violent, disproportionate use of force
What are (3) styles of policing?
- paramilitary approach, reactive: rapid response, client-server relationship, act in interest of society values
- co-participatory model, society plays a role, more conciliatory than coercive, priorities based on mutual consultation, better liaison and support for victims, reactivate community as form of social control
3. Zero tolerance
- strict, non-discretionary approach, tough on crime
- stems from 'broken windows' theory (Wilson and Kellin, 1982): help prevent more serious offences, stops escalations
- criticisms: aggressive, disproportionate, increases alienation, quick fix
What is due process and why is it important?
"Fair treatment through the judicial system":
- Notice of the case to be answered
- Public and open court (some exceptions, e.g. in camera)
- Standard of proof
- Rules of evidence
- Impartiality of the court
- Trial by jury
- Right to appeal
- Presumption of innocence
- Legal representation not necessarily a right (though may limit access to fair trial)
What is "judicial impartiality"? In what ways can judicial impartiality be undermined in practice?
Calls for judicial authorities to treat parties in court as equals.
What is a miscarriage of justice?
What steps are in place to avoid wrongful convictions?
What happens if someone is wrongfully convicted?
What are the aims of sentencing?
Retribution, incapacitation, rehabilitation, restoration, deterrence
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