Module 2 crime and justice

Police and Policing 

Historical Development (1788-1899)

The development of Australian policing was shaped by:

  • Colonial experiments from British Empire and beyond

  • Federation settlement making policing a State-based responsibility

  • Mix of early policing models:

    • Military personnel

    • Convicts acting as night patrols

    • Indigenous personnel forming "Native Police"

    • "Police system" established in Van Dieman's Land (1824)

Key Legislative Developments

  • Sydney Police Act 1833 - First explicit police Act

    • Created police organization

    • Established range of offences and penalties

    • Included administrative and judicial functions

  • Town Police Act 1838 - Expanded policing beyond Sydney

Contemporary Australian Police Structure

State and Territory Agencies

Jurisdiction

Key Features

New South Wales

Largest force (19,000 staff), $3.359M budget (2014-15)

Victoria

$2.454M budget (2014-15)

Queensland

$1.682M budget (2014-15)

ACT

Contracted services from AFP

Staffing Statistics (2015)

  • Police per 100,000 population:

    • ACT: 219

    • NSW: 232

    • Victoria: 281

    • Northern Territory: 700

  • Gender representation: 32.1% female staff (all roles)

  • Indigenous staff representation below population proportion in most jurisdictions

Key Conceptual Elements

Police Culture

Characteristics include:

  • Sense of "mission" as a way of life

  • Action orientation

  • Constant suspicion

  • Isolation from general community

  • Code of solidarity

  • Self-portrayal as the "thin blue line"

Police Discretion

Key aspects:

  • Increases down the hierarchy

  • Operates under permissive laws

  • Involves multiple factors beyond law enforcement

  • Applies to:

    • Resource deployment

    • Setting priorities

    • Types of responses

    • Individual officer decisions

Use of Force

Governing principles:

  • Minimum force necessary

  • Proportionate response

  • Reasonable in circumstances

  • Issues with less-lethal weapons:

    • TASERS

    • OC Pepper spray

    • Ongoing concerns about appropriateness

Contemporary Challenges and Issues

Police Accountability

  • Multiple layers:

    • Criminal and civil law

    • Internal regulations

    • Disciplinary processes

    • External review agencies

    • Government oversight

Pluralization of Policing

Growing complexity in policing landscape:

  • Private security providers

  • Hybrid forms of policing

  • Public-private partnerships

  • Networked policing arrangements

Technological Developments

  • Body-worn cameras

    • Enhanced evidence collection

    • Increased accountability

    • Family violence documentation

  • Surveillance capabilities

  • Data management systems

Current Reform Areas

  • Increasing workforce diversity

  • Improving community relations

  • Enhancing accountability measures

  • Adapting to new security challenges

  • Managing technological integration




Module 2: Role of police


2.2 Police and Policing


Policing as social control 


  • Understood as the organised ways in which society respons to behaviour and people it regards as deviant, problematic, worrying, threatening, troublesome or undesirable.

  • It involves surveillance to discover actual or anticipated breaches, and the threat or mobilzation of sanctions to ensure the securty of the social order.


Police vs. Policing

  • Policing: Broad concept involving supervision, law enforcement, public order, and social control.

  • Police: A specialized body responsible for the legitimate use of force to maintain order.

  • Other entities may also contribute to policing beyond formal police forces.

Purpose of Policing

  • Societal response to behavior deemed deviant, problematic, threatening, or undesirable.

  • Includes surveillance to prevent breaches and the threat of sanctions to maintain order.

  • Police act as agents of social control by enforcing laws.

Historical Development of Police Forces

  • Emergence linked to industrialization & urbanization (Europe, 18th–19th century).

  • Urban growth led to new social problems: poverty, unemployment, vagrancy, inequality, and crime.

  • Traditional informal community policing became ineffective.

  • Rise of structured policing to maintain public order in growing cities.

Early Experiments in Policing

  • 1750s: Policing experiments in the UK due to rising crime in cities.

  • 1800: Thames River Police Act – early formalized police force.

  • 1829: Metropolitan Police established by Sir Robert Peel (founder of modern policing).

  • The goal was preventative policing, maintaining constant scrutiny over society.

The Role of Police in Modern Society

  • Police have the state-sanctioned right to use coercive force.

  • The police enforce government policies (e.g., COVID-19 lockdown enforcement).

  • They play a critical role in maintaining social order.

  • Some societies have highly trained police, while others lack sufficient training.

Public Perception of Police

  • Positive View: Police as protectors, crime solvers, and public servants.

  • Negative View: Police as enforcers of state power, potential for abuse (e.g., police brutality).

  • Key Debate: Are police heroes or villains?

    • Some see them as necessary for security.

    • Others highlight abuses of power and systemic issues (e.g., racial profiling, excessive force).

Discussion Points

  • How does policing evolve with societal changes?

  • What is the balance between necessary enforcement and excessive control?

  • How do different societies perceive and regulate their police forces?

2.3 Policing in Australia


Policing in Australia – Key Notes

1. Structure of Policing in Australia
  • Police are the responsibility of state and territory governments.

  • Each state/territory has its own police force (e.g., SAPOL – South Australian Police, VicPol – Victoria Police).

  • ACT does not have its own police force but contracts the Australian Federal Police (AFP) for policing services.

2. Autonomy of State Police
  • Each state police force sets its own policies and procedures.

  • Differences exist between states (e.g., penalties for speeding differ in SA vs. Victoria).

  • Crime reporting varies by jurisdiction, making national-level crime statistics complex.

3. Cooperation Between Police Forces
  • Despite autonomy, state police forces collaborate on best practices and policies.

  • Cross-border investigations occur (e.g., someone commits a crime in Brisbane and returns to another state).

4. Responsibilities of State Police
  • Community safety – ensuring public security and addressing dangers.

  • Crime investigations and apprehensions – solving crimes and arresting offenders.

  • Road safety enforcement – speed checks, traffic laws.

  • Judicial services – involvement in law enforcement and the court process.

5. Policing Numbers Across States
  • NSW and Victoria have the largest police forces (20,000+ staff each).

  • NT and Tasmania have fewer than 2,000 staff.

  • Adjusting for population size, NT has the highest police-to-population ratio.

  • Higher police presence often correlates with higher crime levels in some areas.

6. Police Funding and Criminal Justice Budget
  • 2019-2020: Australia spent $19 billion on criminal justice:

    • 64% on policing

    • 25% on corrections

    • 9% on courts

  • Debate on resource allocation: Should funding go towards more patrols or other justice initiatives?

7. Defunding the Police Debate
  • Defunding police should come with a clear plan on where resources go (e.g., social programs, education).

  • Proactive policing strategies (e.g., education programs in schools) aim to prevent crime before it occurs.

8. Government Policy on Policing
  • SA Government Proposal: Recruit 400 extra police officers – but where will they be allocated (urban vs. rural areas)?

  • NSW Government Investment: $27 million over 5 years for police staffing, technology (e.g., drones, cyber capabilities).

  • Political influence: Governments often emphasize increasing police numbers, but effectiveness depends on allocation and strategy.

2.4 Police Practice

Modes of Police Work

  • Reactive Policing- Responding to citizen requests for assistance- Answering emergency calls

  • Proactive Policing- Police-initiated contact with citizens- Specific campaigns and prevention programs

Police Discretion

Police officers have discretionary power in:

  • Decision to intervene in situations

  • Use of force determinations

  • Whether to warn, caution, charge, or arrest

  • Choice of sending cases to court or alternative forums

Culture of Policing

Key characteristics include:

  • Strong group solidarity

  • Support for fellow officers

  • Suspicion of non-police personnel

  • Isolation from general community

  • Action-oriented practices

Use of Force

Important principles:

  • Must use minimum force necessary

  • Force must be proportionate and reasonable

  • Less-than-lethal options available (tasers, pepper spray)

  • Strict guidelines for high-speed pursuits

Legitimacy

Critical factors affecting police legitimacy:

  • Public cooperation and support

  • Community trust and relations

  • Transparency in operations

  • Ethical conduct and accountability

  • Direct and indirect experiences of citizens

Contemporary Challenges

  • Terrorism response and prevention

  • Multicultural representation in police force

  • Community relations with minority groups

  • Media influence on public perception

  • Balance between security and individual rights




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