Module 6: The Criminal Justice System

The executive

Sometimes referred to as the executive arm of the stare. Their role is to implement legislation and administer the affairs of government.

Discretion within the context of criminal justice

Refers to the freedom, power, authority, decisions or leeway of an official, organisation or an individual to decide, discern, or determine to make a judgment, choice, or decision about alternative causes of action or inaction.

What are the five key decisions a court needs to make?

1. Bail applications, whether or not to grant bail in the first place and whether or not what the conditions of bail might be. When making these decisions they will consider whether the person is a flight risk and risks to the community in regards to bail. 2. Committal hearings. indictable offences, is there enough evidence and if there is a plea, if guilty is referred to the higher court for sentencing. 3. Admissibility of evidence, evidence acts gives a court discretion on whether to reject otherwise relevant evidence if its admission would look unfair. 4. Sentencing, typically theres a maximum permissible penalty which is prescribed by legislator. So theoretically any penalty from the minimum to maximum may be imposed. Precedent and legislation

What are the key criminal justice agencies?

1. The police 2.The office of the director of public prosecutions (ODPP) 3. The court, not the lower and higher 4. Corrective services

What are these objectives?

1. to provide protection for the rights and freedoms fro all people through the enhancement of police services that enhance community safety by preventing, detecting and investigating crime. 2. The administration of criminal justice that determines guilt and provides appropriate, consistent and fair sanctions to offenders. 3. The provision of a safe, secure and humane adult correctional system that incorporates the elements of safe custody, rehabilitation and restorative justice to the community.

Rehabilitation Model (King 1981)

A drug addict commits a crime, it would be more sensible to refer them to an agency to deal with that addiction rather than punish them for their crime. Involvement of social workers and probation officers are a major aspect of this model. People are treated individually in this model.

Why are police called the gatekeepers?

Because they are at the forefront of crime and are the ones who decide whether people get brought into the system, or whether they are kept out of the system. If a crime is recorded officially, the police must decide whether or not to investigate.

Crime Control Model (Packer 1986)

Created by Herbert Packer. Primary objective of criminal justice is the prevention and repression of crime through prosecution and punishment. Success is measure by high rates of apprehension and conviction. Stresses informality and uniformity in the criminal justice process. In this system we rely on the police to ensure that guilty people don't get charged. It condones extrajudicial practices or the disregard of legal controls, laws, rules and procedures to protect defendants as seen as obstacles t the repression of crime. This focus is less on the idea of the rights of the accused. Prepared to tolerate mistakes and the main goal is the repression of crime.

Power Model (King 1981)

Drawing from the Marxist/Conflict perspective. Basically says the criminal justice system reinforces the role of the powerful. Those on the top of the hierarchy are the ones making the laws that benefit them and punish other people. Criminal justice is an instrument of class oppression.

Deuntiation and Degradation Model (King 1981)

Emphasises public trial and punishment to reflect society's moral disapproving of offending behaviour. Courts role/over all objective is to reaffirm to society what is acceptable behaviour and what are acceptable values and what aren't. Reinforcing a functionalist approach to crime.

The Office Of The Director of Public Prosecutions

Established in 1986 and commence operation in 1987. There are two main functions of responsibility, prosecute all indictable offences in the supreme and district court. There will be a police prosecutor but in supreme and district court it will be the ODPP thats in charge of those cases. The institute also conducts appeals in any court respect of any such. When we get to the point of appeals, the ODPP steps in and handles that aspect. The ODPP doesn't investigate crime. It does not represent victims or the police in the same way that other lawyers represent clients.

Police Service Functions

Firstly they have to respond to the police assistance line and triple 000. They have a role in preventing, detecting and investigating crime. Educating people on crime so they don't commit the them. Monitoring and promoting road safety. Maintaining social order, including the coordination of counter terrorist preparedness. Performing and coordinating emergency and rescue operations, subject to the state emergency and rescue management act 1989. Prosecution of summary matters in local court, except where the charge relates to the sexual assault upon a child or includes the prosecution of a police office.

Rules within the context of criminal justice

Legislation - custody, the rights of the defendant, the investigation (how the investigation should be conducted), management (how information should be managed an how evidence should be handled). Thats all in legislation, passed by the government. Next is the less binding legislations, guidelines. The Director of Prosecution Guidelines, sentencing guidlines. This is usually more fleshed out than legislation so it usually gives direction of how to implement legislations. Precedent, in regards to common law, so what has happened in the past. Legislation can always overrule precedent. Policy directives and practice guidelines.

Bureaucratic Efficiency Model (King 1981)

Looks at the objective of having to deal with the limited budget of criminal justice. Must ensure defendants are tried as quickly and efficiently as possible. Police are able to give people on the spot fines and penalty notices rather than sending them to court. People can go to court if they want to appeal it.

Managing Offending Behaviour Model (Davies Et Al)

Offender strategies that are broader than rehabilitation. Seeking to monitor and control offenders, depending on their level of risk and record of offending. Reliance on surveillance and supervision, controlling the offenders behaviour and moving them towards rehabilitation.

Corrective Services

Provides both custodial and community based services. This includes correctional and the customary of remand and sentence inmates. Reman means youve been charged but you haven't been found guilty yet haven't made or been granted bail for whatever reason. So you are held by the state. Sentence inmates are people who have been to court, found guilty and sentenced. Home detention, parole (people who have been released from prison with time remaining), pre-sentencing reports (which are where corrective services send information to the judge and write a report on what sort of sentence they recommend) corrective services works in partnership with other government and non-government justice and human services agencies in regards to inmates in custody and offenders in the community

Just Desserts Model (Davies Et Al. 1995 2005 2010)

Stresses the importance of punishing offenders in terms of their blind worthiness and the seriousness of their offence. The focus is on punishing only the guilty, culpability must be established and the offenders should not be punished to lightly or too harshly. A proportionate punishment.

Courts

The courts preside over cases which chargers are brought forward. There are three functions, they need to handle and process the cases efficiently, protect the rights of the defendant and providing a public arena so that justice can be seen and done.

Roles a ODPP play in the process?

The first key decision is whether to prosecute or not, which involves a three stage test. Is there significant evidence. Secondly, can they see that the case will successfully be prosecuted. Lastly, is it in the public interest?. The modes of trials. An indictable offences might be disposed of summarily because of its savings in cost and time, consideration is given to the seriousness of the offence. The ODPP will also take into consideration the seriousness of the offence, the available sentencing options, previous offending behaviour, delay, cost, or aversive affect upon witnesses , including victims. They also look at advantages including deterrence, speedier resolutions, someone pleading guilty and happy to drop it to a lower court, the views of the police and other agencies and victims involved.

Legislator

The government, they enact and pass legislation and is one of the first places the law comes from.

Lower and Higher courts - Jurisdiction

The majority of criminal matters, less serious offences, are dealt with in local courts and children courts in front of a magistrate. Higher courts are for more serious offences, where the indictable offences will be sexual assault, armed robbery. The district court deals with all other indictable matters and appeals against convictions or sentencing arising from the local court cases. The Supreme Court deals only with he most serious matters.

Due Process Model (Packer 1986)

The primary objective of the criminal justices process is an adventure of conflicts between the individual and the state. The accused must be protected from the power of the states. The overriding objective is the individual must be protected from the state. There is an assumption of innocence all the way through. The defendants and suspects have rights and those rights are very important. Mistakes are not tolerated.

Common Law

This is president. It is made by judges when deciding cases, i.e a judge presiding over a case looks at what the outcomes of similar cases have been.

How many main objectives are there in the criminal justice system?

Three

Statute Law

Which is legislation. It is made by parliament consisting of democratically elected members.