Crime and justice module 1

Module 1 Aims of the Criminal justice system (Chapter 17)

Core Functions and Components

The criminal justice system serves two main purposes:

• Instrumental/Utilitarian: Responding to crime to benefit society through prevention and reduction

• Symbolic/Non-utilitarian: Addressing imbalances caused by illegal actions and violations of human dignity

Key Agencies and Their Functions

Models of Criminal Process

Crime Control Model

• Emphasizes efficiency and speed in processing cases

• Focuses on early informal fact-gathering

• Operates on presumption of guilt after initial screening

Due Process Model

• Emphasizes accuracy and reliability of decisions

• Focuses on formal fact-finding in court

• Operates on presumption of innocence

Theories of Punishment

Two main approaches to punishment:

1. Proportionality (Desert Theory)

• Backward-oriented approach focusing on past crimes

• Penalty should reflect crime seriousness

• Emphasizes proportionate punishment

2. Crime Prevention (Utilitarian)

• Forward-oriented approach focusing on future prevention

• Includes:

• Individual deterrence

• General deterrence

• Rehabilitation

• Incapacitation

Case Processing

The criminal justice process follows a "funnel" pattern:

• Many crimes occur but not all are reported

• Of reported crimes, not all lead to arrests

• Of arrests, not all result in charges

• Of charges, not all end in conviction

• Of convictions, not all result in incarceration

Key Challenge: The system must balance multiple, often competing goals including efficiency, due process, crime prevention, and proportional punishment while operating with limited resources and maintaining public confidence.

Further readings

Australian criminal justice (Criminal responsibility pg 7-35)

Introduction to Criminal Responsibility

Criminal law identifies behavior that society deems deserving of punishment. Two key principles shape criminal law:

• Individual Autonomy: People should conduct their lives with minimal restrictions

• Community Welfare: Collective interests of society must be protected through imposed duties

Elements Required for Criminal Responsibility

1. Conduct Elements

• Must be voluntary conduct (controlled bodily movements)

• Must have caused the resulting harm

• Test of "substantial cause" used to determine causation

2. Mental Elements

Three key mental states:

• Intention: Purpose to achieve a result or foresight of virtual certainty

• Recklessness: Awareness of substantial risk and unjustified risk-taking

• Knowledge: Awareness that circumstances exist or consequences will occur

3. Criminal Defences

Main categories of defences:

• Insanity/Mental Impairment

• Intoxication

• Duress and Necessity

• Self-Defence

Extensions of Criminal Responsibility

Criminal responsibility can extend beyond direct perpetrators through:

• Complicity: Aiding, abetting, counseling or procuring an offense

• Attempt: More than merely preparatory acts toward commission

• Conspiracy: Agreement between two or more to commit unlawful acts

Corporate Criminal Responsibility

Special considerations for corporations:

• Traditional principles developed for natural persons must be modified

• Corporate culture and collective conduct considered

• Aggregation of employee conduct possible for proving negligence

Key Principles in Practice

<aside> The criminal law balances individual autonomy with community welfare through:

• Requiring voluntary conduct

• Considering mental states

• Allowing certain defences

• Extending responsibility in justified cases

</aside>

International Context

The International Criminal Court Statute provides principles for:

• Crimes against humanity

• Genocide

• War crimes

• Aggression

• Important Distinctions to Remember

  • Conduct must be voluntary and causative

  • Mental states vary by offense (intention, recklessness, knowledge)

  • Defences may negate elements or excuse/justify conduct

  • Corporate responsibility requires special rules

  • International law adds another dimension to criminal responsibility

An introduction to crime and criminology

Key Points from Chapter 15: The Criminal Justice System

Authority and Theoretical Foundation

- Criminal justice systems exist in all countries as a common social response to crime

- System's legitimacy is based on 'contract theory' from the Enlightenment era

- Social contract theory: People give up some liberties in exchange for protection and safety

Main Functions and Components

- Police: Detection and prevention of crime, maintaining public order, emergency assistance

- Courts: Adjudicate cases, determine guilt/innocence, decide punishments

- Corrections: Administer sentences, secure prisoners, rehabilitation programs

Sentencing Goals

- Retribution: Proportional punishment for the offense

- Restitution: Compensation to victims

- Deterrence: Preventing future crimes through fear of punishment

- Incapacitation: Restricting offenders' access to victims

- Rehabilitation: Behavioral change through therapeutic programs

Key Challenges

- Poor public confidence in the system

- Lack of coordination between different parts of the system

- Jurisdictional fragmentation across Australian states

- Sentencing disparities and controversies

- Delays in justice delivery

- Low productivity in terms of convictions relative to total crimes

The chapter emphasizes that while the criminal justice system contributes to crime containment, it faces significant challenges in effectively addressing the full scope of criminal activity.

Law and order in australia

Core Functions and Authority

• Primary function is crime prevention and control

• Equally important function: ensuring fair treatment according to law

• Authority based on social contract theory - people give up some liberties for protection

Effects of Criminal Sanctions

1. Strengthening Social Norms

• Most people comply with laws due to moral beliefs rather than fear of punishment

• Limited evidence that sentence severity influences public views on offense seriousness

2. Deterrence Effects

• Two types: general deterrence (effect on public) and specific deterrence (effect on offender)

• Increased penalties show small deterrent effects

• Deterrence works better when:

  • Risk of apprehension is high

  • Penalties are well publicized

  • Direct communication with potential offenders exists

3. Incapacitation Through Prison

• Keeps serious offenders off streets

• Significant reduction in crimes during imprisonment

• Diminishing returns with longer sentences

• Very expensive intervention method

Rehabilitation Programs

• Effective programs target:

  • High-risk rather than low-risk offenders

  • Multiple risk factors

  • Direct causes of offending

• Successful approaches include:

  • Sex offender treatment programs

  • Anger management

  • Vocational education

  • Drug treatment

Alternative Approaches

1. Drug Courts

• Combine treatment with supervision

• More cost-effective than imprisonment

• Show reduced re-offending rates

2. Community Supervision

• Can be effective alternative to custody

• Success depends on enforcement quality

• More cost-effective than imprisonment

3. Restorative Justice

• High satisfaction among participants

• Mixed evidence on reducing re-offending

• More effective for violent offenders than property offenders

Key Limitations and Challenges

• High costs of implementation

• Limited effectiveness of increased penalties

• Risk of creating cycle of reoffending

• Overrepresentation of marginalized groups

• Need for better coordination between system components

Important: Criminal justice interventions can sometimes produce harmful effects despite good intentions. Evidence-based approaches and careful evaluation are essential.

Introduction to Crime and Justice

What is the difference between criminology and criminal justice?

Criminology is..

• The study of crime

• Influenced by sociology

• Psychological behaviours

• Explore criminals minds

• How law interacts with society

• Research and policy development

Criminal justice is..

• The study of systems of law enformacement

• Influenced by procedures and policies systems determine fate of criminals

• Enforcing the law

• How systems interact with individuals

• Involvement of police, lawyers, courts and corrections

What is the criminal justice system?

When thinking about a crime think about whe did this activity occur?

Three core areas

• Police- investigate the crime

• Courts - prosecute adjudicate the cases

• Corrections- once an individual is guilty how are we managing the punishments

• In australia we have 9 legal systems

The Criminal justice system layers

• Local

• State/provincial

• Federal

• International

The criminal justice syetm layers of offences

• Serious offences

• Less serious offences

• Minor offences

Layers of participants

• Police, corrections and courts

• Victims

• Witness

• Defendants 

• Jurors

• Members of citizens’ coalition and lobby groups 

• Media/press

• General public

• Charity groups (eg. salvation army, prisoners aid)

• Private sector (eg. private security)

• Other government departments and security agencies 

• International agencies or organisations

How to pull this all together

• Entry into the system (police, citizens)

• Investigation and charging (police)

• Presentation and pre-trial (prosecution-police, DPP

• Adjudication and sentencing (courts, victims)

• Managing offenders (corrections, parole)

Note: exit can occur at any stage after initial contact with the police

• System or collection of agencies

• Collection of interdependent (often antagonistic) agencies, each having their own function and agendas.

• Each agency’s behaviour is determined as much by their conflicting interests, priorities, and views of justice as it is by their shared interests.

Crime justice system aim and implementations

Aims

• To maintain pear and order in society

• To reduce/prevent crime?

• To ensure accused persons are treated justly?

• To convict the guilt and acquit the innocent/

• To punish the guilty and discourage reoffending?

• To engage in economical, efficient and effective processes

Questions to think about 

• When will these aims be implemented? 

• How will these aims be achived? Based on whose values?

• Identifying different value systems in criminal justice

• The limits of the criminal Sanction (1968) posits two models:

• The crime control model

• Due process model

He views them esentioally as representing two ends of a plotable continuum

Crime control model

• The primary functional concern/value of the crime control model is the repression of criminal conduct

• The underpinning logic is to protect the public from social chaos and breakdown of law and order

• Crime is controlled by priotising the efficiency of the process of detection, investigation, determination of guilt and punishment

• This model deals that Criminal justice resources aren’t unlimited therefor esystem must run smoothly with minimum hitches.

• Speed is key with value for money and timely convictions being the goal

• A quick screening process whereby the early factual investigations of the process enable early diversuin of the innocent and a concentration of CJ resources on the remainder

• This model places trust in fact finding and decision making skill of police and prosection elements of the Criminal jstice system

• Oftn demistarted throguh guilty pleas thata re sought

• Mistakes are tolerable

The due process model

The function is to ensure the primacy of the citizen accomplished through fair treatment and equity and restraints on official power

Fact finding and due process are paramount

Emphases certainty not speed, formality and the presumption of beaurocratic error

In this model there is little faith placed in hands of police and prosecutors and is placed with the judiciary

Often demonstrated through the presumption of innocence, the burden of proof resting with the procession and procedural rules to prevent erros

Leads to a clear reduction of efficiency (far less efficiency than crime control model and increased costs.

Summary of CJS

The criminal justice system can be defines as acollection of interdependent agiencies each having bureaucratic interests and each having core functions thata re subject to legal regulations where agency workers have great discretion in making decisions when responding to harms defined as criminal by the state and hwer value conflicts exists within and across agencies and in the general population about the meaning of justice.