My legal trials are on monday and my teacher has hinted at a compliance/non-compliance question for the crime essay. I have 4 points (police powers, bail, trial process and punishment)
This is what I've planned so far:
Thesis: CJS has role in encouraging compliance for reasons such as reflecting community standards/ society's expectations as well as responding to those who don't comply to reflect justice. However, issues arise because
a) legal personnel and law enforcement agencies themselves also fail to comply
b) law struggles to find a balance between a direct resolution and root level solution to compliance
1)Police powers:
LEPRA: police should use "reasonably necessary" force, not reflected in Roberto Curti case
Also causes problems as independent conduct commissions are limited by resource inefficiency and responsiveness i.e. LECC
Law also has responsibility to comply to community standards-> not reflected in LEPRA amendment that limits civil liberties
2) Bail:
Depends on compliance, and can allow non-compliance of charged individuals e.g. Man Monis
Remand increases compliance but is limited in effectiveness because of resource inefficiency (ALRC says number of people in remand have tripled since 2011, not enough room in prisons)
3) Trial Process:
Jury and judges need to comply to their standards in the trial process for natural justice
Jury Act says jurors can be discharged if they don't comply or "engage in misconduct" -> leads to retrial and longer time in court, resource inefficiency
Case of Judge Hampel-> failed to comply to common law precedent that juries are paraded in front of accused -> labelled as "a miscarriage of justice" by court-> has allowed rape criminals to appeal -> not reflecting community standards
4) Punishment:
Mandatory sentencing under Crimes Act-> extreme form of general deterrence and response to non-compliance -> yet removes judicial discretion and limits fairness
Reform to introduce ICO-> mandatory supervision to monitor compliance and drug use programs to prevent recidivism and address issues root level as well
Aims to encourage compliance amongst YO
E.g. Justice Reinvestment program-> diversionary program to help disadvantaged communities -> yet only being piloted in Bourke, no enforceability or access nation wide
What do you think?