Justice In Australia Essay

The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that

Community justice broadly refers to different aspects of crime prevention and justice activities that include the quality of life as a goal for the community. Recent initiatives include community crime prevention, community policing, community defense, community prosecution, community courts, and restorative justice sanctioning systems. Community justice prioritizes different types of offenders to determine the sanctioning for the victims and to ensure the offender is ready to enter back into their community in good standing with no problems. In other words, they do not want them back in the community if they feel they have not learned their lesson or have been rehabilitated. Community justice’s main focus is to promote public safety and like I had said earlier to ensure that the quality of life of the community is in good standing. Community justice includes different ways of interpreting information about police, courts, and corrections that highlights problem-solving techniques. There is a strategy behind community justice such as including restorative justice practices and processes. They also include both adult and juvenile offenders to create a safer community rather than doing things for the offenders or actually to them. Community justice wants to prevent victimization to help establish public safety. It also places a high priority on the wants,

Social inequality refers to the ways in which socially defined categories of persons. Unequal society has a big impact on individuals. There are different ways in how you can discriminate against someone this includes stereotyping. Stereotyping is were an individual is labelled as a certain person, or put into a certain group. For example a group of teenagers on the streets wearing hoodies, people would presume they were out to cause trouble.

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

Throughout crime in Australia, a noticeable increase in crime occurred between the 1970’s to the 1990’s but has declined to a stable rate of crime which is similar trend in America. However, crime itself is often complex to define due to the variety of crime. Therefore, it is difficult to accurately measure crime and if crime cannot be measured efficiently and it proposes concerns of whether crime in Australia is stable or not. Although Australia’s system of collecting crime data is striving to be as accurate as possible, the media will often manipulate the data which misleads the Australian public of crime stability. Inclusively, through gaining an understanding of defining crime, accurately measuring data and comparing Australia’s crime data

The perception of the Australian criminal justice system’s legitimacy is determined by the actions of three institutions, and the manner in which they address issues of justice within society. For the criminal justice system to be seen with integrity and valued for its role, it is vital that all members of the community see the appropriate rectification of injustices through the police, courts and corrections. However, particular groups within society encounter the illegitimacy and social inequity embedded within these institutions, diminishing the effectiveness to which they fulfill their role. For women in particular, the institutions of the criminal justice system are notably unethical in their treatment of both victims and perpetrators of crime. Despite many reforms and recommendations for change, the criminal justice system ultimately fails in achieving justice for women, with the courts demonstrating the most significant attempt to eliminate social inequality and victimisation.

What do recent criminal statistics in Australia reveal about the rights and responsibilities of Australians? What is the link, if any, between crime and social inequality?

As community boundaries relate to the purpose of the partnership, so do the relevant stakeholders. However, because community justice initiatives aim to articulate the voice of the community and improve quality of life for everyone that uses or provides resources to the community, the range of stakeholders is very broad. Following the partnership model we move on to the mobilization model whereby the unity of the community is reinforced in order to suppress criminal activity.

Social inequality is defined as the unequal distribution of social and economical resources. There are unequal opportunities and rewards for different social positions and statuses within a group or society. Because there is social inequality, people have less life chances meaning less educational and occupational opportunities, which prevents movement on the social ladder. This gives authority to the rich because the rich own the means of production, giving capitalists the power to exercise it by exploiting the poor working class. An individual interest and not that of a community drive the rich. Such differences degrade and stigmatize the social class with less money and opportunities causing social stratification.

Throughout the history of Canada, we have acknowledged Indigenous cultures as being the first people of Canadian land. However, society has not treated them as equal members of society since the first explorers settled. The Euro-Canadian culture has impacted the Indigenous people negatively; as a result injustice between the two cultures has developed and inequality has widened as the two cultures interact more frequently. Lisa Monchalin (2016), author of the text The Colonial Problem: An Indigenous Perspective on Crime and Injustice in Canada, noted multiple reasons how Aboriginal people are discriminated against in society, and how they are over-represented in Canadian correctional system. In society, according to Aylsworth, L., and Trovato, F. (2012) of The Canadian Encyclopedia, the indigenous population was approximately 4.3% of the total Canadian population, yet, the 2015-2016 Annual Report of the Office of the Correctional Investigator noted “an unabated increase in the number of Indigenous people behind bars, a rate now surpassing 25% of the total federal incarcerated population” (2016, n.p.). This raised the question as to why there was such a blatant over-representation of Indigenous people in the criminal justice system. Indigenous history has been speckled with injustices, hardship, discrimination, racism, and have been on the receiving end of multiple attempts to rid Canada of Indigenous ways and people. The history of these

Crime and criminalization are dependent on social inequality Social inequality there are four major forms of inequality, class gender race and age, all of which influence crime. In looking at social classes and relationship to crime, studies have shown that citizens of the lower class are more likely to commit crimes of property and violence than upper-class citizens: who generally commit political and economic crimes. In 2007 the National Crime Victimization Survey showed that families with an income of $15000 or less had a greater chance of being victimized; recalling that lower classes commit a majority of those crimes. We can conclude that crime generally happens within classes.

Next we should contemplate the question of who is to decide what actions are just vs. unjust. In today's society the most significant proponent of justice would be our criminal justice system. This system produces just as much justice as it does injustice. Many people would argue with about this point. We are supposed to trust the people and the system we have chosen to represent our society. They are responsible for keeping society safe and for punishing those who do harm. Yet in recent years we

Talking about making our communities safer, judges have increasing sentences to the offenders and over 90 per cent of offenders who fail to comply are now returned to court for tougher punishment. Re-offending rates are down. There has been a major reduction in the number of re-offences committed by both adults and juveniles a 22.9 per cent fall for adults and an 18.7 per cent fall for juvenile. Public confidence in the criminal justice system has risen in recent years, although corrections still need to do more to demonstrate to communities that the system is on their side in delivering justice. Personally, there is still too wide a gap between the reality about crime and the public’s perception.

Social inequality is the issue pertaining to the lack of housing, health care, education, employment opportunities, and status. It is the dismissal of people from participation in what we, the members of society distinguish as being valuable, important, socially desirable, and personally worthwhile. There are many different perspectives on social inequality within our society; the three areas I am going to focus on are those of the Functionalist, Conflict and Symbolic-Interactionist.