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

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