In Australia, there should be fewer laws which are better enforced and with better justice outcomes. We as a nation need to enforce stricter laws and harsher punishments, we need to be concise in our laws, not having laws which are unnecessary, and we need better enforcements because there are major flaws in the Justice system
Complicated laws mean more confusions and violations. We live in a world where their is just too many laws. Rules are meant to enforce a particular manner.Usually for the greater good. When there are more rules and enforcement, there is a better co-ordination. But, when too many rules are applied on the masses. We as Humans, tend to feel bonded and loose sense of freedom and life feels robotic. According to the “Daily
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Our laws in Australia need to be stronger and fairer. Laws need to change for the better, as for the community’s safety. If people are going to commit indictable crimes then they probably know they are going to get away with it because they are going to be handed down a soft sentence such as community service. People are only going to take precautions before committing something that’s against the law if they know that the punishment is harsh. In a study published by “ABC News”, in an article titled, “Jill Meagher's killer Adrian Bayley had history of violent sex attacks; parole board failed to take him off the streets” details Adrian Bailey pleading guilty of three more brutal rapes of young women in Melbourne in the years before he murdered Jill Meagher. Just before murdering Jill Meagher, Bayley pleaded guilty to the assault and the presiding Geelong magistrate determined a three-month jail sentence was warranted, given his violent past. However, he immediately appealed and was released on bail. This goes to show how our legal system has failed to keep notorious murderers and rapists like Adrian Bayley off our streets. Even Victorian Government admitted that “existing laws had failed and tougher measures were needed.” Our legal system is in a bad reputation regarding the parole board, as parolees have violated their role in the community by committing serious crimes such as murdering or assaulting their victims. These laws need to be strengthened for the safety of
Brett peter Cowan being a serial sex offender shows to the judge his capability of committing such a crime again in the further and for this they have sentenced him for 20 years of jail time (Queensland Consolidated Acts,
Legal system is a comprehensive term that is used to confirm the existence of the law; it also explains the law-making process and how this is enforced on everyone. The Australian legal system regulates all level of governments, organisations, and all people whether they are Australian born or have migrated here, and they must obey Australia’s regulations. The legal system here was developed from the United Kingdom’s legal system, as Australia was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules of equity, parliamentary laws, delegated legislations, judge-made laws, and international laws. (Austrlian Legal System, 2007)
Throughout the world, in history and in present day, injustice has affected all of us. Whether it is racial, sexist, discriminatory, being left disadvantaged or worse, injustice surrounds us. Australia is a country that has been plagued by injustice since the day our British ancestors first set foot on Australian soil and claimed the land as theirs. We’ve killed off many of the Indigenous Aboriginal people, and also took Aboriginal children away from their families; this is known as the stolen generation. On the day Australia became a federation in 1901, the first Prime Minister of Australia, Edmund Barton, created the White Australia Policy. This only let people of white skin colour migrate to the country. Even though Australia was the first country to let women vote, women didn’t stand in Parliament until 1943 as many of us didn’t support female candidates, this was 40 years after they passed the law in Australian Parliament for women to stand in elections. After the events of World War Two, we have made an effort to make a stop to these issues here in Australia.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
The number of people that are detained within immigration detention in Australia changes constantly. As of 30th of November 2015, there were 1,852 people held in immigration detention facilities and 585 in community detention. 174 children were being detained in closed immigration detention facilities: 104 were being held in closed immigration detention facilities within Australia and 70 children were detained in the Regional Centre in Nauru. However, there was also 331 children in community detention in Australia. That’s over 400 children being held in detention centres. Australia’s refugee policy has no set time limit to how long a person may be held in immigration detention. The period of time in which an individual spends in detention may vary from a few
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
...ystem and are seen as a credible sentencing option because of the restorative and rehabilitative effect it has on offenders by allowing them the opportunity to give something back to the community and providing them with education and work experience. There is a lack of evidence to suggest that rehabilitation is neither an effective or non-effective sanction. The use of probation as a stand-alone sanction has decreased over the years with probation now being combined with more severe sentences. When combined with rehabilitative programs probation reduced crime outcomes by 16.7%. The common perception of the general public is that increasing the severity of sentencing will reduce crime, however empirical evidence suggest that this is not the appropriate response. Public dissatisfaction with sentencing in Tasmania is often due to a lack of knowledge and understanding.
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
Weatherburn, D., and Indermaur, D. (2004) ‘Public perceptions of crime trends in New South Wales and Western Australia’, Contemporary Issues in Crime and Justice, 80: 1-8
Sex offender programs are a well-established feature of the correctional rehabilitation landscape in Australia (Haseltine, Sarre & Day, 2011). Programs for adult offenders operate in correctional centres in every state and territory (Macgregor, 2008; Heseltine et al., 2011). Still, the sexual offenders ratio indicates rising up and it rings a bell although rehabilitation occur in both prison and community. It is also important to raise
According to the 2004 general society survey (GSS) aboriginal people are three times more likely than non aboriginal people to experience a violent victimization. Due to the limited comprehensive data surrounding these issues, restorative justice plays a role as the proper response and healing key preventing us from overlooking further aboriginal issues. Aboriginals have different attitudes towards the criminal justice system in comparison to non aboriginal peoples. Aboriginal people are more likely to have contact with the police for serious manners, whereas others may simply make calls for small issues. Furthermore, they have lower levels of satisfaction with the system as theres not much focus on aboriginal cases. It is unfortunate that there is an over representation within our criminal justice system. Indigenous people are highly over represented as offenders in homicide incidents. Economic and societal factors play a role in the over representation of indigenous peoples. Factors such as low education, unemployment, low income, and single parent families all contribute. A major factor however that is believed to be the strongest risk factor for offering and victimization is age. Young offenders view professionals with higher levels as authority as careless people within the criminal justice system. This also contributes to factors such as cultural
Crime and safety in Australia through the eyes of international students Introduction Crime and safety are two of the most important conditions to consider before travelling to somewhere. In the case of international students that decide to live in Australia for a while, seem so to be that for them come to this country means an improvement in their safety conditions in comparison with their countries. However, this essay is going to show that there is not enough accuracy between what students think and what is really happening about this topic in Australia. This study has been based on a survey realized to 10 students from Colombia, Lebanon and Nepal that are living in Sydney and a research of second sources about the current situation of crime and safety in this country.
There are two predominant perspectives when talking about the rights and freedoms of the individual – the offender and the community – resulting in two different views in how exactly justice is achieved. There are many rights and freedoms that are entitled to both members, however, in a community specifically, the offenders rights and freedoms can be questioned dramatically as conflict of community interest. Societal elements like the media has a huge influence on community opinion and this is one of the main reasons of tension. “When the media report on high-profile court cases over issues like domestic violence, the public is often unsatisfied with the sentences handed down.” stated ABC News on how ‘Media distorts our perceptions of sentencing’.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,