Policing, Law Enforcement And The Criminal Justice System In Australia

Question 1

Define the term ‘individualised sentencing’

Answer 1

Examines the individual offender (eg. Individual deterrence, rehab and incapacitation)
- considers context and background of offender and crime

Question 2

Define the term ‘just desserts/retributive sentencing’

Answer 2

Penalty should reflect a relationship between crime seriousness and punishment seriousness
- absolute level should be in proportion to the harm

Question 3

Define the terms ‘parsimony’ and ‘proportionality’

Answer 3

PARSIMONY - sentence muse be no more severe than is necessary to meet the purpose of sentencing

PROPORTIONALITY - overall punishment proportionate to the gravity of offending behaviour

Question 4

Define the terms ‘parity’ and ‘totality’

Answer 4

PARITY - similar sentences for similar offences

TOTALITY - sever no more than one sentence and must be just

Question 5

What are 3 reasons for police discretion?

Answer 5

1. Decision making power afforded to police officers that allows them to decide if they want to pursue police procedure or let someone off
2. Informality and individualised treatment leads to discretion
3. Recording and who is charged causes discretion

Question 6

What are the 9 police strategies and their effectiveness?

Answer 6

1. Police numbers
   - more police = less crime (non-conclusive)
2. Random patrol
   - create deterrence (ineffective)
3. Mandatory arrest
   - arresting = less crime (not always effective)
4. Community contact
   - more contact = less crime (no evidence)
5. Rapid response
   - respond quick = less crime (inconclusive)
6. Directed patrol
   - hot spot at certain times (effective)
7. Target repeat victims
   - protecting victims (effective)
8. Problem oriented policing
   - identify factors causing crime (effective)
9. Stop and search
   - increase searches = less crime (inconclusive)

Question 7

What are the 4 objectives of policing?

Answer 7

1. Aid victims and protect people in danger
2. Protect our rights
3. Resolve conflict
4. Prevent and control threatening conduct

Question 8

What are the 6 stages of going through the criminal justice system?

Answer 8

1. Entry - crime reporting
2. Police investigation
3. Arrest and discretion
4. Pre-court processing
5. Sentencing
6. Corrections and sentences

Question 9

Define the term ‘criminal justice system’

Answer 9

Loosely coupled collection of interdependent agencies, each have specific functions -> conflicting with other agencies
- not a highly functional system

Question 10

Who are the 5 key roles in the justice system?

Answer 10

1. Police
2. Prosecution
3. Courts
4. Community corrections
5. Prisons

Question 11

What are the roles of the 5 main players of the criminal justice system?

Answer 11

1. Police
   - investigate and prevent crime, arrest, maintain and control public order
2. Prosecution
   - filter court cases, prepare and prosecute
3. Courts
   - decide bail, protect rights, determine and sentence
4. Community corrections
   - provide, supervise and work with offenders
5. Prisons
   - detain, maintain and release prisoners

Question 12

Define the crime control model

Answer 12

Apprehending and convicting those who commit crime

- assembly line conveyor belt

Question 13

Define the due process model

Answer 13

Ensure crime is controlled in a lawful manner and citizens are not subject to cause of state power
- an obstacle course

Question 14

Define the terms ‘criminal’, ‘justice’ and ‘system’

Answer 14

CRIMINAL - state defines an act as a crime and is subject to penalties (varies across time and area)

JUSTICE - police discretion leads to prosecution of minorities (justice is injustice to others)

SYSTEM - loosely connected, variations in aim and discretion in decision making