...It is often questioned as to whether the Australian justice system is fair, affordable and accessible. However, for many citizens, the legal system is failing on all fronts. Key issues faced by the justice system include equity under the rule of law, barriers to equal justice, eligibility for the poor or disadvantaged and financial burden placed on those seeking a just outcome through the Australian justice system. Each of these issues hinder individuals seeking justice. By understanding these issues and addressing them from a proper standpoint, improvements can be made and solutions can be found. It is a core principle of the rule of law that justice must be equally accessible by all Australians (Ellis 2013). The term ‘access to justice’...
Words: 732 - Pages: 3
...advantage of the opportunities, wealth and power of a society. When Australian society is examined it becomes obvious that indigenous people as a social group are faced with a decided disadvantage when it comes to opportunities, wealth and power. This essay intends to focus on the over-representation of indigenous people in the criminal justice system from a sociological viewpoint. This over-representation becomes sociologically significant when it is seen as an expression of inequality meaning that wider social issues are at play that effect indigenous people specifically. The two major reasons or drivers of this over-representation stem from this inequality; the first is an element of institutional discrimination found in both the courts and the police services in Australia which tend to target indigenous people disproportionately with the facilitation of legislation and practices which indigenous people have little to no involvement in formulating. The second is a set of cultural and social norms that exist amongst indigenous people which clash with the norms of the dominant white culture who are responsible for the laws and regulations that all groups in society are meant to abide by. Furthermore social conflict theories on crime such as those formulated by Turk and Sellin provide a rich theoretical support for the reasons behind the over-representation of indigenous people in the criminal justice system. The over-representation of aboriginal people in Australia is a perfect...
Words: 2420 - Pages: 10
...In the traditional study of crime, women have generally been perceived as disregarded and discriminated in the criminal justice system. Various stereotypes and assumptions about females in the criminal justice system, saw feminist perspectives challenge the theories, concepts and assumptions of those involved in the study of crime (Bryant, 2014). This essay begins by firstly providing a brief description and its origins, how feminist theories causes crime, how its theory defines crime, the multiple feminist perspectives within feminism and how feminist criminology attempts to combat crime. It will then discuss the relevance and how feminist theory influences the criminal justice system, such as women’s role as professionals, as well as women as offenders and victims (Schram & Tibbetts 2013, p. 285). Finally, this essay will examine the applicability to Australian society by exploring if the suggested causes of crime apply to Australian society. It will lastly draw on the criticisms of feminist criminology and how the different types of feminist perspectives lessons the relevance of this theory in Australian society. Outlining the theory Feminist criminology first developed in the 1960’s and 1970’s which was closely associated with the emergence of the Second Wave of Feminism (White, Haines & Asquith 2012, p. 143). The Second Wave of Feminism saw the advent of many issues such as social, political and material inequalities (White, Haines & Asquith 2012, p. 143). Because men...
Words: 2292 - Pages: 10
...and crime in media. Furthermore, the nature in which media crime framed will be examined. Finally, this paper will demonstrate how media crime distorts public perception in relation to how crime is in reality. It is through an examination of these points that a conclusion will be met, one that projects the crime in media as a false representation of crime in society. A criminal justice system plays a key role in the functioning of modern societies around world and despite this most people only have the portrayal of media sources to give context to the idea. According to Shrum, the only exposure to a criminal justice system that people perceive is through the media (Tapscott, 2011). Corroboratively, research conducted by the Australian Psychological Society suggests that “media portrayals of crime has shown that in general people overestimate the level of crime in their community, and media representations of crime are often thought to be partly responsible for this” (2013 p. 5). The research conducted by Shrum and the APS indicates that the lack of understanding revolving around the criminal justice system stems from...
Words: 2058 - Pages: 9
...Restorative Justice Criminal Activity has been a part of societies throughout the world for thousands of years and for thousands of years these criminals have been met with a variety of different punishments. All of these punishments have 4 fundamental justifications in mind when punishing a criminal they include retribution,rehabilitation,deterrence and incapacitation. A 5th concept has made its way into these justifications for punishment and that is the concept of Restoration or Restorative Justice. This concept started to gain popularity through the 70s and 80s and has since progressed into becoming part of the criminological vernacular and is now studied and theorized by many academics worldwide. Throughout this essay the meaning of “Restorative Justice” will be broken down and explained as well as talking about its effectiveness with tackling different forms of crime and whether or not it has a place in the future of Criminology. In particular the application of Restorative Justice to intimate partner/family violence will be explored. Restorative justice is quite complex as it does not hold one meaning or definition but instead incorporates a range of different concepts that assist in achieving justice (K Daly, H Hayes 2001). Very basically it is a form of justice that tends to move away from traditional forms of punishment such as jail and monetary fines and instead focuses a lot more on the relationship between victims and offenders. It works on rebuilding and repairing...
Words: 1680 - Pages: 7
...health inequities compared to non-Indigenous Australians, these include: • Lower life expectancy: Indigenous Australians have lower life expectancy than non-Indigenous Australians. For example: Indigenous boys born between 2010 and 2012 can expect to live to 69.1 years and Indigenous girls to 73.7 years compared with 79.7 for non-Indigenous boys and 83.1 for non-Indigenous girls. • Higher hospitalisations: Indigenous Australians have higher hospitalisation rates compared to non-Indigenous Australians due to their poorer health status. For example: Indigenous Australians were hospitalised for potentially preventable conditions nearly 4 times as often as non-Indigenous Australians between July 2010 and June 2012. • More likely to smoke: Indigenous Australians are more likely to take part in health risk behaviors such as smoking, which contributes to poorer health status. For example: Two out of 5 Indigenous Australians aged 15 and over (41%) were current daily smokers in 2012–13, which, after adjusting for age, was more than twice the rate of smoking among non-Indigenous Australians in 2011–12. • Lower rates of physical activity: Physical inactivity rates are significantly higher in the Indigenous population than in the non-Indigenous population. For example: About 3 in 5 Indigenous Australians aged 18 and over (62%) reported no or low-level physical activity, which was 10% higher than the rate among non-Indigenous Australians. Question 2. Australia is one of...
Words: 2692 - Pages: 11
...not strictly separate because: Members of the executive are also members of the legislature. Chapter 1, 'Australian legal system'. Executive members are drawn from elected members of Parliament (the legislature) to form the administrative arm of the Government. Which of the following categories of law will apply if Johnny is accused of breaching copyright? Intellectual property law. Chapter 1, 'Law and life'. Intellectual Property Law protects copyright by recognising the right to copy an original work that belongs to the author. According to the doctrine of responsible government: The Executive Council is comprised of elected representatives who are also members of the legislature. Chapter 1, 'The Australian legal system'. The Executive branch of government is also a member of Parliament and so are answerable to the citizens who elected them. Double jeopardy is the legal principle that states that: A person should not be tried more than once for the same crime. Chapter 1, 'The nature of law'. The law is designed to prevent the misuse of power. The notion of egalitarianism is: The idea that resources should be shared equally within a community. Chapter 1, 'Justice, ethics and politics'. Egalitarianism refers to equality of opportunity or equality of outcome. According to relativism: Ethical rules are universal and unchanging. Chapter 1, 'Justice, ethics and politics'. Ethical rules apply constantly to guide everyone in choosing between right and wrong...
Words: 1605 - Pages: 7
...The following paper will examine the elements of procedural fairness apparent in tribunals and compare this to that of the court system, ultimately coming to a tentative conclusion on the efficacy of each. A broad spectrum of academic literature, case law and legislation has been considered to evaluate the role that tribunals have in the Australian legal system. In light of Kerr J’s remark (above), find and critically analyse a case which considers issues of procedural fairness in a tribunal hearing. The case of Ashmore v Commissioner for Superannuation primarily concerned the decisions to not recognise late election and to not grant an extension of time relating to the preservation of the applicant’s superannuation benefit. At the initial hearing in which the applicant (Carolyn Ashmore) gave oral evidence, only one senior member was present, contrary to the stipulations of the Superannuation Act that the Tribunal be constituted of three members, one of whom is an eligible employee or pensioner. The hearing was then reconstituted with three members, and a transcript of the applicant’s oral evidence was used to ascertain her credibility. Ultimately the Tribunal formed a negative opinion of the applicant’s evidence, leading them to rule against her. By relying on a transcript of Ashmore’s evidence, it was determined by Justice Moore that the other two tribunal members could have been influenced, albeit unintentionally, by the negative bias from the senior member present at the...
Words: 2850 - Pages: 12
...Criminal law in Australia is generally administered by individual jurisdictions in each state. Current studies have shown a rise in criminal crime over the period of 5 years from 2010. But how are juvenile offenders being accounted for in the Justice System? Similar to criminal law the state and territory governments are responsible for dealing with children and young people who are involved in crime. Although each state and territory has its own legislation, policies and practices, the general processes by which young people are charged and sentenced and the types of legal orders available to the courts are similar. However by the time youth are 17 and 18, most Australians are focused on finishing school and planning the next stage in their...
Words: 965 - Pages: 4
...The long continuing debate of whether the current criminal justice system is 'about as fair and effective as we can reasonably expect' has been addressed in this essay. It is argued throughout this essay that the criminal justice system fails to meet with the protection and well being of the public by not appropriately processing offenders. Six main arguments of this essay highlight weaknesses within the system. The first argument of this essay exposes the time in which offenders spend in remand prior to their trial. The second, debates whether bail over remand is being used appropriately. The third shows how lenient judges sentencing decisions are, and in addition to this, the fourth argument shows what effect the media has on the courts decisions. Then finally the fifth researches the rate of offenders re-offending. This essay concludes that the criminal justice system is not using it's ability to the fullest to stop these offenders from re-offending within our community. The first argument in the weaknesses of the criminal justice system addresses the time an offender spends in remand, in the wait of their trial date. The length remandees are spending in custody is far too extensive, and more action needs to be done to trounce this problem within our system. When a person is placed in remand it is believed the main factors are; so that they actually show up for their hearing, to protect witnesses, or anyone else if they re-offend, and in some cases the accused themselves need...
Words: 2491 - Pages: 10
...CCJ 11 Introduction to Criminal Justice Topic: How does the Australian Criminal Justice system respond to one of the forms of crime? addressed in the last part of the course/unit? What are the Strengths and Weakness of this response? Crimes addressed include White Collar and Corporate Crime, Organized Crime, Illicit Drugs and Violence. Illicit drugs affect everyone. They may cause family problems, health problems even effort jobs or your performance. Even with the use of drugs that may have to be swallowed or even injected into your own body could increase chances of obtaining the HIV virus. But drugs that we smoke like marijuana could cause lung cancer. Illicit drugs can also affect the brain, by causing the brain cells to die and in cases resulting in permanent brain damage. The abuse of drugs also affect the economy, people using drugs are accident waiting to happen. Each year drug uses is the cause of a large number of accidents at home, office and on the roads. Everybody pays the price of drug abuse more cops and prisons more hospitals and treatment centers and many lives lost. Australia has approximately one drug overdose death each year. Broadly speaking, the prevalence of illicit drugs has been falling since the late 1990’s though some drugs have increased over that period. The authoritative reports below will summaries the trends as follows. In 2010, approximately 15% of the national population 14 years and above had used one or more illicit...
Words: 2184 - Pages: 9
...appear. Culture being the beliefs and social behaviour to specific communities and law believed to regulates what behaviour is acceptable and socially right, it is appropriate to assume that both are related in numerous ways. Although to what extent should culture be integrated into law ? This essay will focus on the example of Australia. Australian law was founded, based on the British common law, imposing on the already existing custom of indigenous aboriginals. Additionally with the rise of globalisation, diversities of cultures and ethnic groups immigrated to Australia, leading the country to multiculturalism. In compliance to human rights and International law, Australia is...
Words: 2002 - Pages: 9
...The nature of crime in Australian society is diverse and its occurrence fluctuates over time (Makkai & Prenzler, 2015). This essay will firstly discuss and define the concepts of crime and violence. Secondly, it will define violent crime from a contemporary Australian legal perspective. It will then examine the overall nature of crime in Australia describing its categories and sub categories. Fourthly, the essay will establish the official agencies who collect and collate data that measures the nature and extent of crime in Australia. It will finally use this data and empirical evidence to compare the extent of violent crime with crimes that are non-violent. The essay will ultimately conclude by asserting that the majority of crime in society is not violent in nature. Crime is a complex phenomenon that attracts a variety of definitions (Ransley & Prenzler, 2015). The varying definitions of crime provide broad or limited meanings and are all, to a greater or lesser degree, problematic. This is because crime is socially constructed; thus what is considered a crime, or no longer considered a crime changes over time to comply with the norms, attitudes and expectations existing in society at a given historical period (Brookman, 2005; Howitt, 2012). Violence is also a socially constructed concept that lacks a specific definition (Indermaur, 2000; Papalia, Thomas, Ching & Daffern, 2015), however, in the broadest sense, violence, is typically an action or type of behaviour that...
Words: 1259 - Pages: 6
...provisions in the constitution. According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.) Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relations in Australia, Canada, and the United States. Baton Rouge: Louisiana State University Press, 1969. Print.). This is because the many criticisms of the principle were accepted and justified. Despite an express implication in the constitution of Australia, judges and scholars have proposed that judicial review is paramount and has immense effects on the legal system. Judicial review is mostly done by the high courts since it is at the top...
Words: 2684 - Pages: 11
...Australia currently accepts around 13,750 refugees each year as part of total planned annual immigration of around 182,000 people. This paper identifies social and political problems relating to asylum seekers and refugees. It examines the biblical teaching on a responsible Christian approach to asylum seekers and refugees, and discusses some of the ways in which Australian Baptists have responded to the challenges of immigration and asylum seekers. It concludes with a new policy proposal for the consideration of Australian Baptist Ministries, the various State and Territory Baptist Unions, and local churches. There is also a guide to further information. The situation facing Australia today Immigration policy is one of the two most bitterly contested issues in Australian politics, and has been for more than ten years. People who seek asylum by boat, and various policy instruments designed to deter both asylum seekers and people smugglers, have been at the heart of an increasingly contentious public and political discussion in Australia for more than a decade. The debate has polarised large sections of the Australian community and prevented many politicians from engaging in a constructive policy dialogue. With little to differentiate their product, especially on economic and employment issues, the two major political parties have resorted to defining their voter appeal on the basis of pragmatic and regressive policies with respect to asylum seekers. It is the poor and vulnerable...
Words: 3364 - Pages: 14
