The criminal justice system is the system the Australian public look to for protection and justice against those that disregard the law but there are mixed opinions from the general public that the justice system is too lenient and that the public opinion isn’t taken into consideration when assessing crime and punishment. In this essay, I will argue that the Australian criminal justice system is in fact shaped largely by our society because if it doesn’t reflect social conscience, the justice system
Interrelationship : Aboriginal & Australian justice system : The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law& criminal justice,Law Reform Commission
in the enduring Indigenous criminal law discourse which is framed by issues throughout history, jurisdictions, prisons, courts and the criminal justice system. Whilst today’s intergeneration effects of poverty and the loss of autonomy fuel Indigenous disadvantage, the criminal law institution is another contributor which vividly displays disadvantages and barriers which preclude Indigenous Australians from sufficiently accessing justice. However, the pursuit for justice is more multifaceted than a
11 Legal Studies Jacob Ellis “Statistics suggest that, with one in 5 adults, and 27 per cent of young Australians, suffering some form of mental illness, current mental health funding is unable to cater for all mental health needs, forcing prisons to become the new mental health institutions.” Jacob Ellis “Statistics suggest that, with one in 5 adults, and 27 per cent of young Australians, suffering some form of mental illness, current mental health funding is unable to cater for all mental health
which of these two arguments makes more sense. This includes, how is parole defined and described in the academic field? What are the pros and cons of using parole as an early release option? How do we determine if parole is over or under-used in Australia? Parole is the release of a prisoner by the decision of a paroling authority (Mackenzie, 2002). The offender is then required to remain under the observation of a parole officer who monitors the offender 's obedience with rules of conduct that are
services. Over 4 million people in Australia have some form of disability. People with a physical or intellectual disability are one of the most disadvantaged groups in Australia. In issues including: access to the criminal justice system and everyday discrimination. The significance to which legal and non-legal measures response to those with a disability will be assessed. The Federal Disability Discrimination Act 1992 (DDA) provides protection for people in Australia against discrimination because
The juvenile justice system in Australia dates back to the late 1700’s. The Australian justice system was adopted from the British Parliament when the British began to settle in their territory. During the beginning of the 1800’s children were treated as an equal to adult offender. There were no laws separating the wellbeing of a juvenile delinquent versus an adult offender. It wasn’t until the mid-1800’s that the Australian criminal justice system decided to separate juvenile offenders from adult
Over the past few years there has been an increase of Aboriginal juveniles in the justice system. The current law in Australia does not adequately protect these Aboriginal children who are caught in the system and must immediately be reformed. The issues with the current law is that it does not conform with the United Nation’s Convention’s on the Rights of the Child and the courts and police officers are not arresting or sentencing Aboriginal juveniles in conjunction with the current law. In order
Abstract The United States and Australian laws of criminal procedure show many common features which originate from their common English origin. These include the presumption of innocence, the neutral role of the trial judge, and the use of the jury trial. However, between the jurisdictions there are also significant different approaches especially in relation to the treatment of illegally obtained evidence, improperly obtained confessions and entrapment. The transparency of the jury is also an important
just society. Therefore, it is the juvenile justice system’s responsibility to establish institutions and legislation to protect the important role that young people play in society. The system should also be driven by welfare and justice concerns as young people have special needs in regards to their age, and their physical, emotional and social development. It is essential that these welfare and justice concerns are addressed effectively by the system in order for young people to flourish. This