crime prevention and the criminal investigation process

Question 1

factors affecting criminal behaviour

Answer 1

1. social
2. gangs
3. alcohol
4. economic
5. political
6. psychological
7. self- interest

Question 2

social factor of criminal behavior

Answer 2

• social: social groups people associate with influences a persons views and attitudes on acceptable behaviour
  
  • the environments people have been raised in can influence their behaviour
  • some individuals act out of jealousy or as part of a vendetta - recent phenomenon is the ‘honor killing’ perpetrated by one family member against another for violation of some cultural or religious taboo

Question 3

gangs factor of criminal behaviour

Answer 3

• australia has 6000+ bikie armies.
  
  • loyalty and trust make for a cohesive tribal culture
  • gangs are prominent in australia’s amphetamine trade, illicit drugs, car rebirthing, firearm trafficking, debt collection, intimidation and violence

Question 4

alcohol factor of criminal behavior

Answer 4

• alcohol: the males brain is often still developing going into his 20s. some are slow to form those parts that inhibit impulsive, risk-taking behaviour - Ian Hickie: brain and mind research institute at USYD
  
  • studies of the adolescent brain show that it is particularly sensitive to social cues, facial expression and the approval and disapproval of peers

Question 5

economic factor of criminal behaviour

Answer 5

large number of offenders commit crimes to gain money and property so as to improve their economic position

Question 6

political factor of criminal behaviour

Answer 6

disgruntled group who disagree with government policy or decisions may organise civil disobedience actions to demonstrate their opinion. in extreme cases this can lead to bombings and assassinations

Question 7

psychological factor of criminal behaviour

Answer 7

often relevant to the commission of an offence. many forms of mental illness including drug dependence

Question 8

self-interest factor of criminal behaviour

Answer 8

in a materialistic society, some crimes are motivated by greed and power such as white collar crimes that aren’t driven by underlying socio-economic factors

Question 9

self-interest factor of criminal behaviour

Answer 9

in a materialistic society, some crimes are motivated by greed and power such as white collar crimes that aren’t driven by underlying socio-economic factors

Question 10

situational crime prevention

Answer 10

makes it more difficult to commit criminal acts by increasing the risk of being caught, making the crime more difficult to perpetrate or less rewarding

Question 11

examples of situational crime prevention

Answer 11

1. gun buyback scheme
2. surveillance cameras
3. anti-theft clothing tages
4. blue fluorescent lights in public toilets to discourage drug injection
5. hotel lockouts after a certain time

Question 12

situational crime prevention in response to terrorism

Answer 12

amendments to the CRIMINAL CODE ACT 1995 (CWLTH) passed in 2005 established mechanisms known as ‘control orders’ that have allowed detention on suspects’ movements, communications or livelihoods with the aim of preventing future terrorist activity which can include electronic tagging, curfews and requirements to report to the police. these control orders can apply to people as young as 14 (these people have not yet committed a crime)
- rights of community vs rights of individual

Question 13

situational crime prevention in response to alcohol

Answer 13

lockout laws
- LIQUOR AMMENDMENT ACT 2014 (NSW) - AKA LOCKOUT LAWS introduced:
- 1:30 am lockout laws for entertainment venues in sydney CBD including clubs, bars and hotels
- 3:00am cease service of alcohol
- ban on takeaway alcohol after 10pm across NSW

• from jan 14 2020 the following changes occurred:
  
  • extend bottle shop openings until midnight
  • remove last entry laws in CBD precinct
  • (existing laws maintained in kings cross)

Question 14

one punch law - situational crime prevention

Answer 14

• one punch law - mandatory minimum 8 years jail sentence on assaults causing death whilst intoxicated
  
  • is it really a deterrent if the perpetrators are intoxicated?
  • mandatory minimum sentences deny judicial discretion and undermine the principle of proportionality in sentencing and create barriers to achieving justice
  • victorian sentencing advisory council indicates that the length of prison sentences “does not produce a corresponding increase in deterrence”

Question 15

situational crime prevention in response to gangs

Answer 15

• CRIMES (CRIMINAL ORGANISATIONS CONTROL) AMENDMENT ACT 2013 - ability for supreme court to declare an organisation as criminal
• CRIMES AMENDMENT (CONSORTING AND ORGANISED CRIME) ACT 2012 - people must not participate in a criminal group if they know that it is a criminal group and understands that his or her participation contributes to the occurrence of criminal activity
• operation talon is a police effort to tackle gun crime focused on reducing public place shootings by removing firearms from the community and holding people accountable for their actions
• the police established a strike force called raptor to target gangs - trying to stop, annoy and harass them

Question 16

social crime prevention definition

Answer 16

attempts to reduce the factors that are likely to cause a person to commit a crime. attempts to change social conditions and patterns of offending. includes the organised provision of resources to individuals, families and communities.

Question 17

LEPRA

Answer 17

• the criminal investigation process can be lengthy but lays the foundation for a successful conviction
• police are critical to the legal system as they prevent and investigate crime
• LAW ENFORCEMENT (Powers and Responsibilities) ACT 2002 (NSW) - LEPRA
• The Police Code of Practice for CRIME

Question 18

what police have the ability to do

Answer 18

• investigate crimes
• make arrests
• interrogate suspects
• gather evidence against the accused
• grant or recommend whether bail should be granted

Question 19

suspect target management style

Answer 19

• suspect target management plan is a “predictive style of policing” that uses “disruption and prevention” to identify people who police believe are at high risk of committing crimes
• researchers from UNSW released a report which showed this tactic was overwhelmingly aimed at young people and indigenous australians and resulted in oppressive policing that in some cases increase young people’s risk of entering the justice system

Question 20

types of warrants

Answer 20

1. detention
2. summons
3. interrogation

Question 21

detention warrants

Answer 21

police can only legally detain people if they lawfully arrest them. for example:

• they believe that a person has committed, or is about to commit, a crime
• they witness a person committing a crime
• they have an arrest warrant for the person
• under the LEPRA a person who has been arrested can be held for up to 6 hours for the ‘investigation period’, max 12 hours if granted by a magistrate
• if the case involves terrorism the suspect can be detained under and investigative detention order for up to 14 days whilst the police and or ASIO conduct investigations - applies to people as young as 14 under the TERRORISM (POLICE POWERS) ACT 2002 (NSW)

Question 22

summons (court attendance) warrants

Answer 22

• a court attendance notice is a legal document that requires a person to attend court
• it gives details of the charge, states when and where the charge is to be heard and outlines the consequences of failing to attend
• witnesses may also receive a summons to appear in court

Question 23

interrogation warrants

Answer 23

• police must issue a caution before interrogating a suspect informing them that no questions need to be answered but answers they give can be used as evidence
• the adverse inference provisions do not apply to people under 18
• suspects do not have a constitutional legal right to have a lawyer although they are allowed one if requested
• at this time police may:
  
  • search the suspect
  • photograph and fingerprint them for identification (if 14 and over)
  • CRIMES (FORENSIC PROCEDURES) ACT 2000 (NSW) allows police to collect forensic samples with informed consent or an order from a court or senior police officer (if under 18, no DNA can be taken without a children’s court order)

Question 24

the charging process

Answer 24

formal process where the suspect is charged with the particular offence(s) and receives a notification of their first court date

• they are fingerprinted at this time
• police exercise their discretion, within guidelines, determining which specific offence(s) the suspect will be charged with

Question 25

rights of suspects

Answer 25

1. they are under no obligation to give a formal record of interview to police or to answer any of their questions, apart from providing the correct name and address
2. they have a right to silence and are entitled to exercise this right throughout the criminal process
3. right to legal representation (also during questioning)
4. bail (in most circumstances)
5. only to be arrested if suspected of committing the crime
6. not to accompany police to a police station unless under arrest
7. not have prior convictions revealed at trial before the sentencing hearing
8. to have interviews electronically recorded where possible
9. to be informed of the charges against them
10. to have the trial conducted by an impartial magistrate or judge
11. to challenge the prosecution case at trial
12. right to communicate with friend, relative, guardian or independant person and legal practitioner after arrest or prior to questioning LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 NSW s123
13. to challenge jurors for bias
14. to be presumed innocent until guilty

Question 26

limitations on the rights of suspects

Answer 26

• the right to silence unfavourable inference cannot be drawn if it is the only evidence of the defendant’s guilt
• the inference can only be drawn if an investigator provides a caution to the suspect in the presence of legal personnel and the suspect is permitted to obtain legal advice
• richard ackland (lawyer and journalist): “it is not always the case the the explanation for a failure to mention something is a conscious act of guilt. there are many reasons a person might not mention details they later rely on in court including: panic, confusion, inability to articulate and sheer inability to remember”
• charles waterstreet (barrister): “ the right to silence protects the accused from being overwhelmed by the apparatus of the state. it is a powerful right. it may rarely lead to the guilty being acquitted but it is a bastion against the innocent being convicted on issues that really do not go to the heart if the question of guilt and innocence”