Sunday, March 10, 2019
The Purpose of Australias Modern Criminal Justice System
Why do we need a malefactor umpire brass in Australia? To answer this nous, We firstly need to get wind a couple of things to brook you a thorough witnessing of what hardly the pitiful justice dust is, questions like, what is affair that this system has to play in todays modern & somewhat debauched society, to a fault what argon the cite concepts and comp hotshotnts of apiece part of the twist justice system.It is my attention by means of the aid of this essay to not entirely explain the differing separate of the wicked justice system, but alike answer the topic in question by the time we atomic number 18 through you will have a thorough understanding of the Australian guilty justice system and why it is needed. What exactly is the technical meaning of the culpable justice system? An subtile answer to this question maybe found by adverting at the Australian Bureau of Statistics (www. bs. gov. au/ausstats 1997 paragraph 2), to name this definition directly, the Australian Bureau of Statistics defines this as The criminal justice system is a system of justnesss and rulings which protect residential bea members and their property2. It determines which events causing injury or offence to community members, argon criminal. Criminal offenders may be punished through the practice of law of nature by fines, imprisonment and/or community returns.Ok we directly have a clear definition of what the criminal justice system is we can keep down this definition into primordial elements, and then appear at the working of distributively element in relation to the criminal justice system as a whole. Is in that location only maven criminal justice system in Australia or are there more? Well lets look at the close paragraph. How many criminal justice systems are there in Australia one only or several? According to the book criminal justice, issues in society (Healey 2006 p. 18) there are nine criminal justice systems shortly in operation in A ustralia at present.This nine comprises of one earth or federal official criminal justice system, which is controlled and patrold by the Australian federal police. However it can be said that the federal system is not complete due to the fact the federal system restorative return surgical incision, therefore punishment for federal law-breakings that involves incarceration or some song of rehabilitation are facilitated by the relevant corrective service department of the appropriate narrate or territory. The other eight criminal justice systems are enacted by each raise or territory.Each state system is very similar in the way crime and punishments are write outt with, within each state system the makeup includes the same key components. Each state criminal justice system comprises of three key elements the relevant state police deplumate, the coquette system (which comprise of, local, regularise and supreme tourist judicatorys) and corrections including jails, juvenile detention centres mental health facilities as well as other rehabilitation programs. Firstly lets look at the frontline of any criminal justice system, which is the relevant federal state or territory police force.What role do police in the criminal justice system? According to (White and Perrone 2010 p. 287-293) police are not only one of the well-nigh effectful means of affectionate control in society but are also the most visible, police have quite a large amount of power in which they are able to use their own judgement or discretion. It is through police that offenders are first entered into the criminal justice system, or if offence is minor diverted away from criminal justice system, to quote (White & Perrone 2010 p. 87) directly police are practically described as the introduction keepers of the criminal justice system. It can be argued that by k straightledgeability of laws and implementation of these laws that a person is being stripped of a fine portion of ones ci vic rights and social freedoms however it is of normal acceptance that the vast majority of society accepts this so called loss of rights and freedoms, to allow general level of peace and order, a system without laws and some imprint of social restrictions and civil freedoms would certainly lead to social anarchy.Not only is it the role of police to arrest and apprehend criminals but it also their role perform other essential community duties such as law & order, conflict resolution and maintenance of such resolution, police may often do this without the arrest of individuals (White & Perrone 2010 p. 287-293). Strategic planning for the prevention of crime is also just important as the apprehension of individuals by stopping the crime before it occurs. Other duties performed by todays police force include emergency response and services e. . car accident response, occupation control and community service and many other tasks. Community service involve such mundane acts as rescuin g a cat from a tree to appearing at schools educating the young. Over all it can be seen the need for policing as a vital link in the criminal justice system. In the next paragraph we will take a brief look at the various administration systems. There are four main court systems in Australia three of which are state and the other federal. The courts are (www. lawlink. nsw. gov. u 2011) the local court, which deals with such matters as Family law involves issues such as domestic violence orders, power of attorney and also enduring guardianship etc. Also the local court deals with pecuniary issues such as small claims arising from motor vehicle accidents etc. monies owed that are payable such overdue fines etc. Local courts also deal with minor criminal offences including such things as drink driving, minor assaults, break and enter and breaches of AVOs etc. and also minor traffic incidents The district court for want of a better term is the middle court.The district court is a trial court dealing with both criminal and civil matters and also can preside over certain tribunals. The district court is headed by a chief judge. The autonomous Court is the highest of the state courts. The Supreme Court has unlimited civil jurisdiction and handles the most secure of criminal offences. The last court which is the highest court in Australia is the federal court or High Court of Australia which deals with all matters that are to do with the Commonwealth of Australia.We now have a brief understanding of the four main court systems of Australia so now lets take a look at the last element of the criminal justice system that is that of corrective services. According to (www. correctiveservices. nsw. gov. au accessed 30/5/2010) the role of nonindulgent work is to provide not only custodial sentencing but also non-custodial oversee punishments such as community service, in home detention and parole. Corrective services also provide pre-release reports on offenders to dete rmine the risk of Recidivism or for the want of a better word re-offend.Now we have had a look at the key facets of the criminal justice system and how each interlocks with the next i. e. the police (first line of contact for the criminal justice system, arrest or caution offenders, if police arrest the offender then moves on to the relevant court system depend on relevant casing and severity of crime, which in turn makes a judgement, on whether the person in question is a risk to society. If the courts come to the decision that the offender is of endangerment to the public they are incarcerated, or if offence is not so serious the judgement can be made to se other parts of corrections to allow for rehabilitation etc. of person in question. I hope I have helped you the reader to clearly see and understand why it is vital that any socialised society requires a criminal justice system to not only keep order in society but to also provide protection and justice for each and every ind ividuals personal and social rights and well being. References Australian Bureau of Statistics 4102. 0 Australian Social Trends, 19/06/1997 (accessed30/6/2010) www. bs. gov. au/ausstats/emailprotected nsf/2f762f95845417aeca25706c00834efa/a4d719473be50fdfca2570ec001b2c95 OpenDocument Healy, J. (2006). Criminal nicety, issues in society volume 32. NSW Australia spinney press White, R. , & Perrone, S (2010) Crime, Criminality & Criminal Justice Melbourne Australia Oxford University Press New South Wales Government Corrective Services NSW record of Purpose (Accessed 28/6/2010) www. correctiveservices. nsw. gov. au/about-us/statement-of-purpose
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.