The Criminal Justice System

What is the main goal of utilitarianism?

To maximize utility, defined as human well-being and happiness.

Who described utilitarianism as 'the greatest good for the greatest number'?

Jeremy Bentham.

What is a major critique of utilitarianism by John Rawls?

It can override individual rights for the sake of the majority.

What principle does John Rawls advocate for in his theory of justice?

'Justice as fairness' and equal rights for all.

What does Rawls' difference principle state?

The greatest benefit should go to the least advantaged.

What is retributive justice focused on?

Punishment and vengeance, often summarized as 'an eye for an eye'.

What is the 'Just Desserts' approach in retributive justice?

It punishes crime but does not necessarily prevent it.

What does procedural justice emphasize?

Fair and unbiased procedures in determining justice.

What is distributive justice concerned with?

Fairness in the distribution of resources and opportunities in society.

How does social justice relate to procedural and distributive justice?

It combines both theories to create a society with equality and fairness.

What is the aim of restorative justice?

To unite the offender with the victim and community to repair harm.

What does rehabilitative justice focus on?

Addressing the root causes of deviant behavior to prevent further harm.

What characterizes professional policing?

Rigid, hierarchical command and control tactics focused on facts.

What shift occurred in policing models in the 1980s?

A move towards community policing, emphasizing engagement and transparency.

What is intelligence-led policing?

A policing model focused on outcomes and effectiveness in the community.

What does the term 'police service' imply?

An organization that addresses community needs and works with the public.

What has been a recent trend in policing terminology?

A shift from 'police forces' to 'police services' to emphasize community focus.

What is the history of privatization in policing?

It began before the establishment of formal police systems, with private individuals handling justice.

What is a concern regarding privatization of policing?

Lack of accountability and training for private security personnel.

What is the role of the Anti-Corruption Commission in WA?

To monitor police conduct and address corruption.

What is 'police fetishism' as described by Robert Reiner?

The belief that police are a fundamental prerequisite to social order.

What distinction does Reiner make between 'police' and 'policing'?

'Police' refers to a social institution, while 'policing' refers to the processes that maintain social order.

What is the impact of social movements like #BlackLivesMatter on policing?

They can lead to a fundamental re-thinking of policing practices.

What is the significance of community policing?

It involves building trust and rapport with local communities to tackle crime.

How has the role of private security evolved in Australia?

It has grown significantly, with many individuals working in private security roles alongside sworn police officers.

What is a protective security officer's role?

They have certain powers under legislation, unlike regular private security personnel.

What is the historical foundation of Australian policing?

Australian policing is heavily influenced by colonial experiments and British Empire models.

What was the Sydney Police Act 1833?

The first explicit police Act in the colonies, creating a police organization and establishing offences and penalties.

How did early Australian policing differ from the London model?

It was an amalgamation of municipal government and public order Acts, lacking local representation.

What was the role of the Governor in early Australian policing?

The Governor had control over the police, mixing judicial and administrative functions.

What types of agencies were involved in early Australian policing?

Military, convicts acting as night patrols, and Indigenous personnel formed various 'native police'.

What is a key legacy of the reorganization of Australian police from the 1830s to 1899?

Policing became a state responsibility, with centralized, hierarchical organizations under a single commissioner.

What contemporary issues in policing are rooted in early historical developments?

Issues such as the use of weaponry, officer discretion, and police relationships with Indigenous communities.

What is the structure of the Australian court system?

It consists of a dual hierarchical system of Commonwealth and State Courts.

What is the lowest court in the South Australian court hierarchy?

The Magistrates' Court.

What types of cases does the District Court of South Australia handle?

Intermediate cases with original jurisdiction, sometimes involving juries for serious matters.

What is the role of the Supreme Court in South Australia?

It is the highest court of the State, dealing with serious cases and appeals from lower courts.

What is the High Court of Australia?

The highest court in Australia, with appellate jurisdiction over State Supreme Courts and Federal courts.

Who prosecutes a person for a crime in Australia?

The prosecutor, representing the state, presents evidence to prove the defendant's guilt.

What is the difference between a police prosecutor and a public prosecutor?

Police prosecutors summarize cases without being lawyers, while public prosecutors are trained lawyers representing the state.

What is the role of defence lawyers in the criminal justice process?

They provide legal advice, challenge evidence, and protect the rights of the defendant.

What types of lawyers are involved in the courtroom?

Solicitors provide legal services, while barristers represent clients in court.

What is the function of expert witnesses in court?

They provide impartial evidence and opinions based on their area of expertise.

What is the role of a jury in a trial?

To listen to evidence and reach a verdict on the guilt or innocence of the accused.

What is the responsibility of judicial officers in the court?

To ensure proper procedures are followed, make legal decisions, and determine guilt or innocence.

What is the significance of the term 'Peelian' in relation to Australian policing?

It refers to the claimed foundations based on the 'New Police' model of the London Metropolitan Police.

What was the impact of the colonial penal system on early policing in Australia?

It did not initially establish a formal police force, leading to ad hoc policing methods.

How does the funding of Australian police compare to other countries?

Australian police have generally not faced austerity measures, unlike England and Wales.

What are the two types of jurisdiction held by the Supreme Court?

Original and appellate jurisdiction.

What is the Chief Justice's role in the Supreme Court?

To head the court and oversee its operations.

What does the term 'miscarriages of justice' refer to?

Cases where unreliable expert evidence has led to wrongful convictions.

What are the two main functions of the District Court?

To handle serious criminal matters and hear appeals from lower courts.

What is the role of the Director of Public Prosecutions (DPP)?

To independently decide on prosecutions and represent the state in court.