Hi Elyse,
Here is my crime essay intro and structure, anyone else who can offer their thoughts, please do:
The Australian legal system aims to encourage compliance for the purpose of community safety and to reflect social standards. Yet inevitably, individuals will fail to comply to the system and thus the CJS must respond appropriately to this behaviour. Though the CJS attempts to address both of these concerns, its effectiveness is ultimately limited. More specifically, the law does not always adequately respond to issues of non-compliance amongst law enforcement and through the judicial process, thus not fully reflecting the rule of law and procedural fairness. Also, the law struggles to achieve a balance between a direct and root level solution to resolve non-compliance, thus contributing to its ineffectiveness. As highlighted through police powers, bail, the judicial process sentencing the CJS fails to completely fulfil their role of encouraging compliance and discouraging non-compliance.
Point 1 Police Powers:
To reflect rule of law, police need to comply with LEPRA
Though Roberto Curti case showed non-compliance to principle of "reasonable force"
Also highlighted ineffectiveness of police investigating police non-compliance
LECC was introduced, though ineffective because of resource inefficiency and responsiveness
Option 2 Bail:
Bail is important for fairness, yet is heavily reliant upon individuals to comply with their conditions
"Unacceptable risk" within bail act aims to protect community from those most likely not to comply
However, ineffective through Sydney siege
Remand is better in ensuring compliance, yet as reported by ALRC remand population has tripled resource inefficiency
3. Judicial Process
Judges and jury have responsibility to comply with judicial standards for procedural fairness
If they fail to comply, can infringe individuals rights
Under Jury Act if jurors "engage in misconduct", leads to retrial longer time in court
Also, judges can fail to follow common law precedents e.g. Judge Hampel didn't represent jurors to accused before trial, led to retrials
Sentencing:
Important for retribution of non-compliance and deterrence to encourage compliance
ICOs to replace suspended sentences-> mandatory supervision for compliance, also programs to adress causes of crimes e.g. drug use
Also, "Justice Reinvestment" programs to prevent recidivism, through diversionary programs (root level solution) -> although limited by lack of enforceability nation wide
Thank you!