1.0 Introduction 2
2.0 Overview 3
2.1 Current Legislation 3
2.2 Raising the Age 3
2.3 Challenges to raising the Age 3
3.0 Relevant Stakeholder’s 4
3.1 Importance of Opinions 4
3.2 Stakeholder’s Perspective 4
3.3 Relevant Case Studies 5
3.4 Reasoning 5
4.0 Current Area of Law 6
4.1 Viewpoints Error! Bookmark not defined.
4.2 Advantages and Disadvantages – Current Age 6
5.0 Effectiveness of Current Law 7
5.1 Retaining or Amending the Current Age 7
6.0 Recommendation 8
7.0 Bibliography 9
8.0 Appendix 10
1.0 INTRODUCTION Criminal Law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedure matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system are kept intact. The Queensland Law Society is interested in finding to what extent the criminal justice system is successfully balancing the rights of individuals with society’s need for order. This report will highlight research and explain the law and how it is applied to the age of Criminal Responsibility. It will then evaluate whether the law is successfully achieving fair and just outcomes for the stake holders involved and make appropriate recommendations for change.
2.0 OVERVIEW In all Australian jurisdictions the minimum age of criminal responsibility is currently 10 years. Between the
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The processing of these crimes help to embed the key of legal knowledge in the mind of a child hoping to shape their future actions. NSW age of criminal responsibility is defined by statute as 10 years of age, which is recognised in Children’s (Criminal Proceedings) Act 1987 (NSW). Meaning that a child under 10 years of age cannot be charged for a crime. The basis of this is the recognition of the immaturity and exposure of children and their inability to form the requisite criminal intent known as mens
Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning and through the trial and finally to the punishment phase ("How Does the Criminal Justice System Work?," 2014). Our society needs laws and punishment for those who violet the laws otherwise we would live in a world of chaos. In this paper we will examine various aspects of the criminal process from arrest through sentencing and appeal.
Canada has many rules in place for all the crimes that happens throughout the country. However, people of different ages are treated differently. This is because of the YCJA, which gives youth who commit crime, under the age of eighteen, certain rights that adult criminals don’t get. This is a very debated and important topic because this act gives certain advantages to youth criminals because of their age and some people don’t think that this is fair.
Tension between community interests and individual rights and freedoms are a prevalent issue within the criminal justice system. The government attempts to alleviate this tension by enacting law reform, introducing legislation and giving certain powers to judges and the police. Areas such as law lag, types of penalties, bail laws, young offenders and the police demonstrate the attempts made to relieve this conflict. Despite the strain between community interests and individual rights and freedoms, the attempts to alleviate the issues by the government assist in restricting the tension between the two parties.
Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.
Currently each state and territory in Australia has its own individual legislation concerning juvenile crime. All state and territory laws do not conform to the Conventions on the Right of the Child and it is crucial that these laws are amended to better protect juveniles. The most effective reform that could be made is for each state and territory to amend their individual legislations to increase the minimum age to be criminally responsible from 10 to 12 with the doli incapax doctrine still being applied. Although it has been acknowledged that under the common law doctrine doli incapax, children between 10 and 14 are only criminally responsible if the individual is mature enough to realise the consequences of their actions, this assessment is left to the judge, often without expert knowledge from a phycologist (Amnesty International, 2015). Furthermore, it is crucial for Queensland to raise their maximum age from 17 to 18. This amendment will allow Australia to keep up with international standards while reducing Aboriginal crime in areas where crime rates are
The second supporting argument that Parliament imposes the judiciary to place too much emphasis on incarceration is characterized by the reduction of credit for pre-sentence custody credit. Fortunately, this was amended in 2014. The Truth in Sentencing Act, one of the government’s early “tough on crime” laws was passed in 2009, but became operative on Feb. 22, 2010. This Act contributed to the changes regarding the credit offenders received for pre-sentence detention or “dead-time,” that does not count towards any parole or early release eligibility. This curbed judge’s ability to give a break on sentencing when a convicted offender has spent lengthy time in pre-trial jail custody. This discount in sentencing had evolved to recognize that
The increase in violent rapes and murders being committed by paroled prisoners in Victoria, such as those committed by Adrian Bailey in 2012, and Sean Price in 2015, have led to the tightening of parole laws, removal of suspended sentences, and introduction of new mandatory sentencing laws. However, while these laws can be an effective way of reducing crime, reducing reoffending by 17-20 percent (Helland and Tabarrok, 2007), they also are a departure from the doctrine of the separation of powers (Solonec, 2015). The purpose of this essay will be to assess how detrimental the removal of objective sentencing will be to society, through the implementation of policies such as mandatory sentencing, stricter parole laws, and the removal of
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 would fail. I will discuss this firstly by explaining how the criminal justice system works in Australia, how the justice system reflects community values and how it relates to today’s society, the budget and staffing levels of agencies of the
Immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and, how in addition to these rights secured by America's forefathers, a number of institutions have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, the criminal
Individual rights guarantee people certain freedoms without the influence of different agencies. Individual rights are described in the bill of rights in the United States Constitution. Public order should take priority over individual rights, even if they concept violates the constitutional rights. Public order is required for society to survive and give the feeling of being safe from criminals . How much perspective that crime rates for growing, coupled with a believe that offenders recently went on punished or received only a judicial slap on the wrist, lead to a burgeoning emphasis on the responsibility and punishment.
In Queensland, up until the age of 17, people in society are considered to be ‘juveniles’ in the eyes of the law. When a crime is committed by a juvenile, the laws are slightly different and carry different charges and sentences. The technicalities surrounding this can be contentious and in some cases it might be argued that there are issues with the way juveniles are treated in law. One issue with how the Queensland Criminal Justice System deals with juvenile offenders is the age at which Juveniles are considered ‘adult offenders’ and no longer ‘juvenile offenders’, as well as the transition from a Youth Detention Centre to an Adult Correctional Centre that a juvenile
These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward
The punishment of juvenile criminals, specifically those between the ages of 13 and 18, in the event that they commit crimes of murder, is not severe enough. Minors between these critical ages in the teenage life who commit crimes of murder should be prosecuted as adults in all situations and locations.
The Criminal Justice System goes as far back as the days of Jesus. There were Soldiers who acted like policeman, the tribune which was the court system, and Caesar, Herod and even Pontius Pilate stood as judge. The prison system was that of dark caves and dungeons. As we journey to the twenty-first century, nothing has genuinely changed. In my essay I will explicate how the various aspect of criminal justice relate to one another as well as why it so important in society. Criminal Justice refers to the facet of social justice that concern violators of criminal law. The