CRIM1019 - Introduction into Criminal Justice

What is the simple definition of criminal justice?

Society's formal response to crime and social disorder.

What are the three key institutions or "actors" in the criminal justice system?

Police, Courts, and Corrections.

What are the two main aims of the criminal justice system?

Practical aim (crime prevention/reduction) and Symbolic aim (delivering justice).

Is the criminal justice system a single, unified "system"?

No, it is a collection of interdependent agencies.

Why are the police, courts, and corrections considered interdependent?

Each relies on the others to function (e.g., police make arrests, courts determine guilt, corrections carry out sentences).

What is one example of a conflicting role within the CJS?

Courts and corrections investigating and punishing police misconduct.

What is the primary role of the police?

Law enforcement, investigation, and arrest (first point of contact).

What is the primary role of the courts?

Adjudication - ensuring a fair legal process and determining guilt or innocence.

What is the primary role of corrections?

Sentence implementation (community orders and imprisonment).

What does the "funnel" model of criminal processing illustrate?

Many crimes occur, but only a small fraction result in a guilty verdict.

What is the difference between formal and informal social control?

Formal control is by the state (e.g., police). Informal control is through social forces (e.g., family, norms).

What does the state have a monopoly over?

The legitimate use of force.

What is the difference between a "norm" and a "law"?

A norm is an informal social rule (violation = deviance). A law is a formal, codified rule (violation = crime).

What does the statement "No act is inherently deviant" show about the CJS?

The CJS reflects societal values, which change over time.

What are the two main theoretical perspectives on law and social control?

Consensus and Conflict.

According to the Consensus perspective, what is the source of society's rules?

Common values and societal agreement.

According to the Conflict perspective, who determines what is criminal?

Powerful groups, to serve their own interests.

Which theorist is most associated with the Functionalist (Consensus) perspective?

Emile Durkheim.

For Functionalists, what is the "collective conscience"?

The shared sentiments and values that hold society together.

According to Durkheim, why is crime considered "normal" in society?

It is integral and functional, helping to reinforce moral boundaries.

What concept did Cohen develop to describe a media-driven societal over-reaction to a perceived threat?

Moral Panic.

Which perspective views the law and CJS as instruments used by the state to support the interests of the dominant class?

Conflict/Marxist perspective.

What is the focus of Symbolic Interactionist/Labelling theory?

The power of the CJS to apply labels that shape an individual's identity and future behavior.

Feminist and Critical Race theories are sub-categories of which broader perspective?

The Conflict perspective.

What are the three core principles of criminal justice discussed?

Rule of Law, Adversarial System, and Burden of Proof.

In a criminal trial, who bears the burden of proof?

The prosecution.

What is the standard of proof in a criminal case?

Beyond a reasonable doubt.

According to Packer's models, what is the primary value of the Crime Control Model?

Efficiency.

According to Packer's models, what is the primary value of the Due Process Model?

Fairness.

What is the "Conveyor Belt" image associated with?

The Crime Control Model.

What is the "Obstacle Course" image associated with?

The Due Process Model.

What is the focus of the Actuarial Justice model?

Managing crime by predicting and managing risk in specific groups.

What are the two elements that must be present for an act to be considered a crime?

Actus Reus (guilty act) and Mens Rea (guilty mind).

What is the legal definition of Actus Reus?

The guilty act or physical element of a crime, which can also be an omission to act.

What is the legal definition of Mens Rea?

The criminal intent or 'guilty mind'.

What does it mean that crime is a "social construct"?

That definitions of crime are shaped by cultural norms and power relations, and change over time.

What is a "summary offence"?

A minor criminal offence heard by a judicial officer alone (without a jury).

What is an "indictable offence"?

A major criminal offence typically heard by a judge and jury.

What has been the historical role of the victim in the CJS?

Often the 'forgotten' actor, with offending seen as against the state, not the victim.

What is a Victim Impact Statement?

A statement by the victim about the harm caused by the crime, used during sentencing.

What is one positive role of victim participation in the CJS?

It can provide information and voice to the victim, influencing sentencing and parole.

What is one potential issue with victim participation in the CJS?

It can cause re-victimisation by forcing the victim to relive the trauma.

What is the legal principle of "double jeopardy"?

That a person cannot be tried twice for the same crime.

What is the key statistic demonstrating Indigenous over-representation in the Australian prison population?

Indigenous people are 13 times more likely to be imprisoned than non-Indigenous people nationally.

In Western Australia, how much more likely is an Indigenous person to be imprisoned?

17 times more likely.

What percentage of the youth detention population in Australia is Indigenous?

62%.

What was the colonial doctrine declared upon British settlement that means "land belonging to no one"?

Terra Nullius.

Which era of policy involved Aboriginal Protection Acts that gave Chief Protectors control over Indigenous lives?

The Protection Era (1860s-1930s).

What is the name for the policies that systematically removed Indigenous children from their families?

The Stolen Generations.

Approximately what proportion of Indigenous children were forcibly removed from their families between 1910-1970?

1 in 10 children.

What did the 1967 Referendum achieve constitutionally?

Included Indigenous people in the census and gave the federal government power to make laws for them.

What did the 1967 Referendum fail to produce?

Immediate criminal justice reform or changes to discriminatory state laws.

What did the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) identify as the core issue?

The over-representation of Indigenous people in custody, not the immediate causes of the deaths.

How many recommendations did the RCIADIC make?

339.

What are the three key elements called for in the Uluru Statement from the Heart?

Voice, Treaty, Truth.

The death of Mulrunji Doomadgee on Palm Island is a case study of what?

The CJS operating as a colonial institution, showing systemic racism and a lack of accountability.

According to Weatherburn (2016), why can't colonisation explain Indigenous over-representation?

Because imprisonment rates were low until the 1980s, long after major colonial events.

According to Cunneen and Tauri (2016), why is colonialism considered "criminogenic"?

It is an ongoing structure that produces dispossession, marginalisation, and cultural dislocation.

What is a key counter-argument to Weatherburn's temporal argument?

Colonialism is not a historical event but an ongoing structure with intergenerational impacts.

What is one of the systemic driving factors of over-representation, involving disproportionate surveillance?

Over-policing of Indigenous communities.

What is the term for the cycle where prior contact with the justice system makes future incarceration more likely?

The cycle of prior incarceration.

What does Indigenous criminology, as argued by Cunneen and Tauri, centre?

Indigenous knowledge, voices, and experiences.

What is a key feature of Indigenous justice alternatives like circle sentencing?

They are restorative and focus on healing harm within the community.

What is the name for the policy approach that diverts funds from prisons into community-led initiatives?

Justice Reinvestment.

As of 2024, what is the trend for Indigenous incarceration numbers?

They are the highest ever recorded.

In Queensland, what percentage of the adult prison population is Indigenous?

45%.

What is a protective factor against offending identified in Indigenous communities?

Connection to Country and culture.

What is the main limitation of traditional criminological approaches (Classical & Positivist) in explaining Indigenous over-representation?

They focus on individual factors and ignore the structural impacts of colonialism.

Who is considered the "Father of Modern Law Enforcement"?

Sir Robert Peel

What was the name of the first modern police force established by Sir Robert Peel?

The Metropolitan Police Force

According to Peel's principles, what is the basic mission of the police?

Crime prevention

According to Peel's principles, what is the test of police efficiency?

The absence of crime and disorder

What was the focus of the "Political Era" of policing (1840-1930)?

Social service and goals driven by politicians

What was the focus of the "Professional Era" of policing (1930-1960)?

Crime control, reduction, and professional efficiency

What was the focus of the "Community Era" of policing (1970-2000)?

Order maintenance and building community trust

What was the focus of the "Uncertainty Era" of policing (2001-present)?

National security, disaster management, and global crime

According to studies like Famega's, what activity takes up the highest proportion of police time?

Patrolling in cars and administrative tasks

What percentage of police work in the QPS survey was dedicated to "Crime management"?

32%

What percentage of police work in the QPS survey was dedicated to "Community safety & management"?

36%

What is the primary role in the "Traditional Policing" model?

Crime fighting and law enforcement

What is the primary role in the "Community Policing" model?

Peacekeeping, problem-solving, and building community relations

What theory is closely associated with the Community Policing model?

The "Broken Windows" thesis

In Community Policing, what is the role of the community?

A partner in participatory decision-making

What are the three core principles of Evidence-Based Policing (EBP)?

Targeting, Testing, and Tracking

What does the "Targeting" principle of EBP involve?

Focusing resources on high-harm crime 'hot spots'

What does the "Testing" principle of EBP involve?

Reviewing existing evidence or conducting new tests before implementing strategies

What does the "Tracking" principle of EBP involve?

Continuously monitoring the implementation and effects of police practices

What is a key criticism of the Traditional Policing model?

It is often reactive and may not build community trust

What is a key challenge of the Community Policing model?

It hasn't consistently been shown to reduce crime rates

What is a major driver behind the move towards Evidence-Based Policing?

Shrinking budgets and demands for greater accountability and effectiveness

What is police discretion?

The power of police to make decisions about a course of action from a range of alternatives.

Why is police discretion considered essential?

Because no law enforces itself; police must choose which violations to process and how.

What is a major risk associated with police discretion?

It opens the door to the abuse of power and potential discrimination.

Who in the police hierarchy typically exercises the greatest amount of discretion?

The lowest-ranking frontline patrol officers.

How can police discretion impact public perceptions of the police?

Fair and respectful use of discretion can increase public satisfaction and perceptions of police legitimacy.

What was a key finding of the Kumanjayi Walker inquest regarding NT Police?

It uncovered issues of racism, cover-ups, and excessive use of force.

What are organizational priorities in policing?

Decisions made by the police agency on where to focus resources and what policing style to use (e.g., law enforcement vs. community policing).

What is over-policing?

The disproportionate surveillance and enforcement in specific communities or against specific groups.

What is under-policing?

A lack of police protection and service in certain communities.

What is a legitimate basis for "reasonable suspicion"?

Specific, observable behaviors that suggest criminal intent (e.g., trying car door handles).