crime prevention and the criminal investigation process Flashcards
factors affecting criminal behaviour
- social
- gangs
- alcohol
- economic
- political
- psychological
- self- interest
social factor of criminal behavior
- 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
gangs factor of criminal behaviour
- 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
alcohol factor of criminal behavior
- 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
economic factor of criminal behaviour
large number of offenders commit crimes to gain money and property so as to improve their economic position
political factor of criminal behaviour
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
psychological factor of criminal behaviour
often relevant to the commission of an offence. many forms of mental illness including drug dependence
self-interest factor of criminal behaviour
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
self-interest factor of criminal behaviour
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
situational crime prevention
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
examples of situational crime prevention
- gun buyback scheme
- surveillance cameras
- anti-theft clothing tages
- blue fluorescent lights in public toilets to discourage drug injection
- hotel lockouts after a certain time
situational crime prevention in response to terrorism
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
situational crime prevention in response to alcohol
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)
one punch law - situational crime prevention
- 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”
situational crime prevention in response to gangs
- 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
social crime prevention definition
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.
LEPRA
- 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
what police have the ability to do
- investigate crimes
- make arrests
- interrogate suspects
- gather evidence against the accused
- grant or recommend whether bail should be granted
suspect target management style
- 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
types of warrants
- detention
- summons
- interrogation
detention warrants
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)
summons (court attendance) warrants
- 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
interrogation warrants
- 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)
the charging process
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
