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AUSTRALIAN CRIMINAL JUSTICE - Essay Example

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Why do we need a criminal justice system? (name) (school) Why do we need a criminal justice system? Introduction There are various crimes which are plaguing our society. Since the days of the Roman and Greek empires, crimes have been a major part of normal and traditional society. …
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?Running head: AUSTRALIAN CRIMINAL JUSTICE Why do we need a criminal justice system? (school) Why do we need a criminal justice system? Introduction There are various crimes which are plaguing our society. Since the days of the Roman and Greek empires, crimes have been a major part of normal and traditional society. Most of these crimes are similar to the ones which today still plague our society, and some of these include murder, robbery, theft, rape, and similar crimes. Throughout the years, these crimes have evolved in terms of means and methods of commission which now involve the internet and computers. These crimes have also increased in incidence and prevalence rates and have infiltrated most parts of society regardless of economic, political, and cultural groupings and inclinations. In Australia, crimes have also risen in incidence and it has not been exempted from the dangers and the impact of these crimes. In order to ensure the peace and order in society, there is a need to implement a criminal justice system. All countries have a criminal justice system, some with more advanced and effective measures, and others with less advanced and less effective methods of implementation. This paper shall discuss why a criminal justice system is needed. In effect, it shall discuss the different benefits which criminal justice systems bring to the general population. It shall focus on the Australian criminal justice system, its application, and its impact on the peace and order of Australian society in general. Discussion Every society needs a criminal justice system because it is the foundation of peace and order. Without a criminal justice system which includes legislation, law enforcement, punishment, safety, regulation, justice, punishment, and rehabilitation measures, society would be embroiled in a disorderly and dangerous society (Weatherburn, 2004). Most individuals would be unable to function in a disorderly a society where no clear sense of justice would ever be forthcoming for the citizens. Effective criminal justice systems are based on systems which ensure respect for individual rights and which support societies built on legal considerations (Indermaur and Roberts, 2009). Criminal justice is also about safeguarding the rights of the accused – to be tried and convicted according to the basic standards of criminal justice. Australia covers a wide geographical region and it has its original inhabitants were aboriginal settlers, followed by criminals shipped from Britain (Australian Government, 2011). It is a country rich in natural resources including farm lands, foliage, and mining areas. These features have proven favorable for a variety of settlers. In 1900, the country was granted Commonwealth status and eventually it gained independence as a nation (Australian Government, 2011). It is a country governed as a Commonwealth, with various territories formulating a federal government. It is composed of national, state laws, and government officials for each state able to pass its own laws and policies (Australian Government, 2011). Crimes committed within specific states are prosecuted within the state, but large scale crimes are prosecuted by the federal government. Local governments carry out various functions in society including the prevention of crimes (Australian Government, 2011). The state legislators pass laws in order to criminalize and punish certain acts and crimes. Australia has eight police forces within its jurisdiction, including the Federal Police which covers the Australian Capital; the Police Force of the Northern territory and one for each of the six states (Gottschalk, 2007). The police forces protect the citizens and are there to prevent the commission of crimes and to maintain the peace. The State and Northern Territory police enforce the Commonwealth Rules and Regulations (Gottschalk, 2007). Based on the above details, it can be noted that the criminal justice system is a crucial element in keeping the peace and order in any jurisdiction. This justice system also helps provide support for the different agencies which also support the goals of the criminal justice system (Chappell and Williams, 2000). The justice system coordinates the different functions of the police forces in order to ensure the security of all households and citizens within the Australian territories. In order to ensure that the criminal justice system works well, the bulk of the system must be supported, but must not be used as the only basis for good citizenship (Chappell and Williams, 2000). The citizens must know how to work within this system and to inform the authorities of possible infractions within their neighbourhoods. Various crimes are qualified in different ways and each crime is treated differently with some crimes treated severely than others and punished under special laws (Australian Government, 2011). The corresponding punishment for these crimes may range from fines, imprisonment, to community service, or a combination of these sanctions. These sanctions are meant to deter prospective criminals, to provide commensurate punishment, and to afford justice to the victims (Weatherburn, 2004). Considering the above details, criminal justice is important because it affords the people a sense of safety and security. It can grant them peace of mind in their daily activities, a peace of mind which is based on the fact that they would not be harmed or put in danger by criminals; or if they would be victims of crimes, that the perpetrators would not get away with it (Sarre, et.al., 2005). It is also for the benefit of the state and its authorities to implement a criminal justice system. Lacking such justice system, they would be governing a chaotic and disorderly nation. The concept of deterrence is important in the criminal justice system. The presence of police officers in the neighbourhood is in itself a deterrence factor for many criminals. It also affords local citizens a sense of peace and assurance – that they would be safe and not be victimized by criminals (Law Reform Commission of Western Australia, n.d). The criminal justice system works as a means of deterrence in the sense that it assures the people that if a crime were to be committed against them, that they can turn to the criminal justice system to seek sanctions for the perpetrators (Anthony and Cunneen, 2008). It also serves to assure the community in general that they would be granted due process of the law – a valid trial, a fair judgment, and possible rehabilitation for the criminals themselves. All in all, the criminal justice system is essential to society because it keeps the community cohesive and coordinated in their goals towards the betterment of the state and its territories. The criminal justice system is important because it ensures that all criminals would not be discarded or forgotten by society. It would mean that they too would have a chance to be rehabilitated and possibly rejoin society as productive citizens (Ashworth, 2010). This system helps ensure that the processes of criminal justice are based on promoting the general interests of the people, regardless of their guilt or innocence. In these applications, justice is indeed blind. Conclusion The discussion above sets forth that the criminal justice is important and essential to society because it helps to keep the peace and order among the citizenry. It also serves as a means of deterrence, preventing potential perpetrators from committing crimes because they know that they would be caught and punished for their crimes. It implies the powerful notion of justice and repercussions for wrong doings. The criminal justice system is essential for Australia because for it to function effectively in terms of politics, governance, economics, and social services, it needs to ensure that a system is in place to ensure the orderly processes of the citizenry and all its inhabitants. In effect, the criminal justice system is an essential support for political governance in Australia. Works Cited Anthony, T. & Cunneen, C. (2008). The critical criminology companion. New South Wales: Hawkins Press Ashworth, A. (2010). Sentencing and Criminal Justice. Melbourne: Cambridge University Press. Australian Government (2011). Australia in brief. Retrieved 03 July 2011 from http://www.dfat.gov.au/aib/history.html Australian Government (2011). Australia-legal system. Retrieved 03 July 2011 from http://www.dfat.gov.au/facts/legal_system.html Chappell, D. & Wilson, P. (2000). Crime and the criminal justice system in Australia: 2000 and beyond. Sydney: Butterworths Gottschalk, P. (2007). Knowledge management systems in law enforcement: technologies and techniques. New South Wales: Idea Group. Indermaur, D. & Roberts, L. (2009). Confidence in the criminal justice system. Australian Institute of Criminology. Retrieved 03 July 2011 from http://www.hvsg.org.au/attachments/Paper_On_Justice_System_Confidence.pdf Law Reform Commission of Western Australia (n.d). Advantages and Disadvantages of the Adversarial System in Criminal Proceedings. Retrieved 03 July 2011 from http://www.lrc.justice.wa.gov.au/2publications/reports/P92-CJS/consults/1-3crimadvers.pdf Sarre, R. Das, D. & Albrecht, H. (2005). Policing corruptions. Sydney: Lexington Books Weatherburn, D. (2004). Law and order in Australia: rhetoric and reality. New South Wales: Federation Press Read More
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