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23 Cards in this Set
- Front
- Back
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Criminal justice system
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Agencies of government responsible for apprehending, adjudicating, sanctioning, and treating criminal offenders
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Three major components of the criminal justice system are...
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Police: responsible for aprehending
Courts:adjudicating, sanctions Corrections:treating criminal offenders |
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Total cost into criminal justice system per year
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$11.7 billion
police: 8.3 bil courts: 637 mil corrective services: 3.4 bil |
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Police roles (state and territory, aus fed)
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Patrolling streets & highways
Responding to calls for assistance Investigating crimes Identifying & arresting suspects |
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Magistrates court
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just summary offences
sentences of 2 years of less, more than 2 years is intermediate or supreme everyone is presented at magi first |
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intermediate court/county court
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2 years or more sentences
ACT and NT and TAS do not have intermediate court |
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supreme court/state supreme courts?
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-trial divisions ( criminal law division) which is highest in court..
and court of appeal:prove evidence is wrongly witheld or, judge made a mistake etc |
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high court/high court
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criminal AND civil matters
related to listening to appeals in lower courts speeds up the system |
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federal court of aus
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civil matters, criminal matters also deal with australian federal law,if AFP are involved then it goes to fed aus court.
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fed magistrates court/federal circuit court
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hear some crimnal matters, usually to speed up process to family court and fed court of aus
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ajudication process
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2 different ways:
aus use adversarial system, ajudication process to pitying one side against another. it is to win rather thanto find out truth. judge determines what needs to be heard vs inquisitorial.. it is used to find out truth,judge makes ruling based on evidence |
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Legal safeguards
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Presumption of innocence
Preliminary examination: only indictable offences, enough evidence that he COULD be found guilty, if not enough evidence for magistrate level it will just drop all charges... Trial by jury, only for indictable offences, (you have choice between jury or judge) |
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Australian Specialist Courts
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the reason why different courts were added... Therapeutic jurisprudence ' therapeutic justice'
they use different sanctions to help rehabilit to maximise theraputic affect than anti therapeutic affect (throwing them in jail) |
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Specialist & problem-oriented courts:
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-exclusive and limited jurisdiction, judges have expertees in certain areas.. these courts are linked by social factors.
Family Violence Courts: also deal with domestic violence, goal is to reduce violence Drug Courts: deal with substance abuse, focus on monitoring offenders and use sanction to encourage treatment Aboriginal Courts:problem orientated court, imbalance in justice system. Mental Impairment Court:problem orientated court, imbalance in justice system to intervene with problem |
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costs of court per year
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Total = $637 million
most amount into magistrate because there are more summary offences least in childrens |
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prison expansionism
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australia and us goign through this stage.
australia rate has doubled since 1984 to 2010, every day there is approx 29,000 people in prison. crime rates in aus are stable, for those who are committing crimes, we are handing out stricter punishments. maybe because politicians are showign they will be tougher on crime |
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prison population
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- 92% overallare males.
- highest rates from 25-34 years -67% (2/3rds) of prisonsers are 20-39 years of age -aboringals make up a quarter of prison population and has increased the past 2 decades |
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people in prison
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history of social and economic marginalisation
history of underachievement (lower education, few skills and work exp.) -people without perm. residence. -large amount of metal health and substance abuse -women prisoners have histories of being victims of abuse (prison suggest there is a distinction in social structure) |
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does prison work
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Retribution: justice is served
Deterrence: not so much as there are high repeating rates Rehabilitation: not really as there is a high repeating rate Incapacitation ( take offenders off the street): yes it works because they're not on the street but not long term Reparation (make ammends to victim of crime, so the person committing offence may have to make payments) (fine) or provide assistance to victim |
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what is driving increasing prison population
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retribution and incapacitaion
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most costs are going to
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the 34% in prison per day costs $207 to each prisoner to keep them in prison on average $75,000
..67% are in community based programs annual cost is $6,600 for community based program |
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Criminal justice program
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starts with investigation, ajudication then corrections
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concepts of justice
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Crime Control Model:view overide purpose of justice system (police, corrections, courts) to deter criminal bheaviour and incapacitate known ccrimnals (this is current) inerested in increasing police and use of discretion from judges, they are interested in society not accused (rational choice theory based)
Due Process Model:oppposition of crime control model focus on civil rights of those accused of committing crime. ( something wrong in justice system) ( concerned that wealthy people can pay for better defence, as it is unjust in system) Rehabilitation Model:not just rehab but argue that people commit crime as they are victims of social injustice or poverty or racism, they want to rehab people based on these underlying problems ( similar to social structure theory) ( prevent crimes in first place) Equal Justice Model: focuses on people should receive equal treatment for equal crimes ( look at incapacitation and retribution) Nonintervention Model: ( argue that we need to focus on beginning stages, we should get government out of peoples lives as much as possible) government only stigmatizes that contribute to problems down the line ( social learning theory).. use community based programs Restorative Justice Model: atlernative ways to gain justice ( rehab)..mediation, victim offender meetings etc |
