Authority and Functions of the Criminal Justice System

Authority

Entitlement to be obeyed in criminal justice.

Legitimacy

Moral justification for punishment and force.

Contract Theory

Individuals trade liberty for safety under law.

Social Contract Theory

Consensus on rules allows legitimate interference.

Retribution

Proportional harm as payback for offenses.

Restitution

Compensation ordered to victims or society.

Deterrence

Punishment aimed to prevent future crimes.

Specific Deterrence

Individual desists from crime after punishment.

General Deterrence

Public fear of punishment deters crime.

Incapacitation

Restricting access to victims to prevent crime.

Rehabilitation

Therapeutic programs aimed at behavioral change.

Equal Justice

Principle of fairness in legal systems.

Might is Right

Justification of power without moral basis.

Enlightenment Philosophers

Developed modern theories of justice and punishment.

Political Party Discipline

Control over representatives affecting law-making fairness.

One Vote, One Value

Principle of equal representation in democracy.

Public Interest

Concept used to justify legal authority.

Historical Inequality

Power elites often manipulate legal systems.

Adjudication

Legal process of resolving disputes in court.

Criminal Justice System

Social response to crime across societies.

Ethical Formalism

Philosophy underpinning retribution and restitution.

Home Detention

Alternative to imprisonment using electronic monitoring.

Categorical Imperative

Universal moral law applying equally to all individuals.

Golden Rule

Ethical principle: treat others as you wish to be treated.

Utilitarian Philosophy

Focus on achieving the best outcomes for the majority.

Sentencing Principle

Similar cases should receive similar legal treatment.

Payback

Compensation or punishment for wrongdoing, varies culturally.

Rational Choice Theory

Criminal behavior based on weighing costs and benefits.

Severity, Certainty, Swiftness

Key factors in effective deterrent punishment.

Public Sector Organisation

Government-managed entity, including criminal justice agencies.

Enabling Legislation

Laws granting authority to enforce and administer justice.

Due Process Rights

Legal protections ensuring fair treatment under the law.

Chain of Delegated Authority

Hierarchy of power from electorate to government officials.

Justice Institutions

Four main components: police, prosecutions, courts, corrections.

Processing of Suspects

Movement through justice institutions for legal resolution.

Hierarchical Structures

Organizational levels within justice institutions.

Communication Gaps

Limited interaction between different justice institutions.

Factory Analogy

Justice system likened to separate processing facilities.

Recycling in Justice

Reprocessing of cases through various justice stages.

Separation of Powers

Doctrine preventing concentration of power in one entity.

Judiciary

Branch interpreting laws and ensuring justice.

Executive

Branch administering laws and enforcing regulations.

Parliament

Legislative body enacting laws in a state.

Miscarriage of Justice

Failure to achieve a just outcome in legal proceedings.

Police Bias

Partiality affecting police actions and decisions.

Prosecutor Pressure

Influence on prosecutors to alter case handling.

Commonwealth Intervention

Federal action in state matters under specific conditions.

State Criminal Law

Laws governing crime enforcement at state level.

Indictable Matters

Serious criminal offenses requiring formal charges.

Director of Public Prosecutions

Independent authority managing criminal prosecutions.

Patrol Officers

Police tasked with crime prevention and public safety.

Detectives

Investigators following up on criminal cases.

Specialist Squads

Police units focusing on specific crime types.

Traffic Squads

Units detecting and enforcing traffic law violations.

Dog Squads

Police units using dogs to track suspects.

Police Prosecution Services

Division bringing cases to court for prosecution.

Criminal Courts

Judicial bodies adjudicating criminal cases.

Sentencing Discretion

Judges' ability to determine punishments individually.

Court Hierarchy

Structured levels of courts for varying case seriousness.

Emergency Assistance

Immediate help provided by police in crises.

Crime Scene Preservation

Maintaining integrity of evidence at crime locations.

Higher Courts

Handle indictable crimes and appeals from lower courts.

Indictable Crimes

Serious offenses requiring a trial by jury.

Magistrates Courts

Local courts for less serious, summary offenses.

Summary Offences

Less serious crimes handled by magistrates.

Specialist Courts

Courts focusing on specific issues like mental health.

Juvenile Courts

Courts for offenders under legal adulthood.

Corrective Services

Administer sentences and rehabilitate offenders.

Custodial Corrections

Secure facilities for maintaining prisoners.

Community Corrections

Manage offenders outside prison settings.

Legal Defenders

Represent accused persons in legal proceedings.

Legal Aid

Publicly funded defense for those in need.

Secure Psychiatric Facility

Houses mentally impaired offenders securely.

Custodial Order

Judicial decision for juvenile detention.

Welfare Groups

Support organizations for offenders and victims.

Policing Agencies

Organizations involved in law enforcement and crime prevention.

Productivity Commission

Source of key data on criminal justice expenditures.

Police Expenditure

$11.424 million in 2016-17, 74% of total.

Criminal Courts Expenditure

$892 million in 2016-17, 6% of total.

Corrective Services Expenditure

$3.145 million in 2016-17, 20% of total.

Sworn Police Officers

53,857 officers employed in Australia.

Judicial Officers

556 judges and magistrates in 2016-17.

Custodial Facilities

114 facilities for housing prisoners in Australia.

Prison Population

40,059 average daily inmates in 2016-17.

Community Corrections Population

63,521 average daily offenders in community programs.

Average cost per day

$215 for custodial prisoners, $22 for community offenders.

Prison officers in Australia

Approximately 17,000 reported in 2016.

Public confidence

Confidence decreases deeper in the criminal justice system.

Police crime-solving confidence

74% of respondents confident in police solving crime.

Police crime prevention confidence

Only 48% confident in police preventing crime.

Police corruption confidence

25% believe there's little corruption in police.

Criminal courts defendants' rights

70% confident courts protect defendants' rights.

Criminal courts victims' rights

Only 47% confident courts protect victims' rights.

Criminal courts efficiency

Only 22% confident courts handle cases quickly.

Corrections rehabilitation confidence

88% lack confidence in corrections rehabilitating offenders.

Corrections deterrence confidence

85% lack confidence in corrections deterring offending.

Corrections punishment confidence

59% lack confidence in corrections punishing offenders.

System coordination

Different arms operate independently to prevent bias.

Police crackdown effects

Can cause backlog of cases in courts.

Increased sentence length

Affects prison accommodation needs significantly.