Simon's readings

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Simon's readings
2010-11-08 18:58:17
criminology criminal justice criminal law

criminal justice study cards
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  1. 4 eras of policing
    • political
    • reform/professional
    • community
    • uncertainty
  2. Legitimacy and authority of the 4 eras of policing
    • P: authority from local political leaders, police seen as political machinery
    • R: distance from the people, adherence to the rule of law, policies and procedures
    • C: community support balanced with the rule of law
    • U: lots of laws and authority from regulatory partners and community
  3. Police functions of the 4 eras of policing
    • P: social services (soup kitchens), crime control and prevention
    • R: crime control
    • C: crime control, prevention and problem solving
    • U: crime and terrorism control and prevention
  4. Organisational design of the 4 eras of policing
    • P: formally centralised but informally decentralised (due to primitive communications
    • R: centralised decision making
    • C: decentralised, task forces and matrix structures
    • U: centralised specialist teams, fusion centres
  5. External relationship of the 4 eras of policing
    • P: intimately connected to the social and external world
    • R: professionally remote, police business kept from citizens
    • C: consultive relationship with the community
    • U: consultive and coercive
  6. Demand management of the 4 eras of policing
    • P: politicians and citizens demand police services
    • R: demands channeled through general dispatch
    • C: specific analysis of problems dictate resource allocation
    • U: demands placed on police by external agencies, demands identified by analysis of problem people. places and situations
  7. Programs and technologies of the 4 eras of policing
    • P: foot patrol, call boxes and interrogations
    • R: preventative patrol, rapid response
    • C: foot-patrol, problem-solving
    • U: technologies and appraoches which are reliant on information systems
  8. Measured outcomes of the 4 eras of policing
    • P: crime and riot control, order maintenance, relief of hunger and homelessness
    • R: crime control
    • C: quality of life, citizen satisfaction
    • U: crime and terrorism control
  9. Patrolling
    • main occupation in policing
    • creates impression of police omnipresence
    • convinces potential offenders that no opportunity for misconduct exists
  10. Community policing
    • programs and policies are based on commitment to partnership between police and community
    • emphasis on proactive policing, community contacts before crime occurs
    • covers a range of different schemes and initiatives such as the role of being felt within the community
  11. What is beat policing
    when an individual officer is responsible for a community's policing needs in a defined geographical area
  12. Beat police role
    • responsible for the traditional role of responding to calls
    • encouraged to take ownership of their area and to use proactive strategies to address the needs of their beat residents
    • community gets to know and recognize their beat officer
  13. Beat policing problems
    • communities that need community policing most reject it
    • most successful in suburban middle-class communities than in inner city areas
  14. Place-specific micro-deterrence
    substantial increases in police presence in crime hotspots have a deterrent effect
  15. What is problem-orientated policing (POP)
    • relying on third parties to help reduce crime and disorder problems
    • using police as problem managers
  16. What does POP do?
    • mobilizes community and conveys accurate and sound information to reduce fear and anxiety
    • informs the community of police limitations and what can be realistically expected of them
  17. Third party policing
    • police attempt to persuade or coerce non-offending persons to take actions which are outside the scope of their routine activities
    • designed to indirectly minimize disorder or prevent crime
    • involves recruiting a third party and use of civil remedy
  18. Civil remedy
    • a regulation which is used to prevent or reduce criminal problems and incivilities
    • example: alcohol free zones, youth curfews, gang injunctions, etc.
  19. Legal definition of crime
    intentional behaviour in breach of legally prescribed rules without justification and subject to defined penalties
  20. Elements of a legal definition
    • act or ommision
    • criminal intent
    • union of act and intent. some types of intent can aggravate an offence (hate crimes)
    • punishment specified by law
  21. some criminal offences can be (5)
    • insanity
    • intoxication
    • self-defence
    • provocation
    • duress and necessity
  22. criminal responsibility is extended with:
    • complictity
    • attempt
    • conspiracy
  23. Victim's primary role
    • witness to the state
    • gives the state warrant to prosecute
  24. Majority of police time spent on...
    maintaining public order (patrolling, traffic, noise/nuisance incidents)
  25. Police definition
    • social control processes which occur where potential for conflict, deviance or disorder is present
    • a specialised body of people given primary formal responsibility for use of legitimate force to maintain order and security
  26. 4 types of police work
    • law enforcement (crime control and reduction)
    • order maintenance (social control)
    • service (social) - community assistance not necessarily related to law
    • administration
  27. Australian policing developed around...
    • security needs in a convict environment
    • military-like/centralised
    • poor quality recruits from convict community
    • aimed to control/facilitate settlement
    • protect government from convicts
  28. police culture elements
    • sense of mission about police work
    • orientation towards action
    • cynical perspective about social environment
    • attitude of constant suspicion
    • strong code of solidarity
  29. Police corruption
    • ongoing problem in history
    • found at all levels
    • certain areas more vulnerable than others (i.e. drug law enforcement, licensing, etc.)
    • not always financial
  30. consequences of police corruption
    • loss of public trust and confidence
    • fostering of organised crime
    • police and public cynicism
    • disregard for professional conduct
    • impact on visible minority groups
    • diminished police performance and overall organisational effectiveness
  31. Role of court
    • to determine guilt or innocence
    • if found guilty, to arrive at a sentence
  32. Variable treatment of offenders is.....
    consistent with principles of social justice (best possible outcome for offender) but not with principles social equality (not everyone is treated equally)
  33. Guilty pleads
    • most people plead guilty because they are generally guilty in some way
    • guilty pleas can be fostered by plea bargaining
  34. Plea bargaining
    when judiciary and and prosecutor induce the offender to plead guilty in exchange for a reduction in type or number of charges
  35. Forms of plea bargaining
    • Vertical charge bargaining
    • horizontal charge bargaining
    • fact bargaining
    • judicial plea bargaining
  36. vertical charge bargaining
    pleading guilty to lesser charges
  37. horizontal charge bargaining
    pleading guilty to one or more charges in return for the withdrawal of remaining charges
  38. fact bargaining
    pleading guilty if certain facts are presented in a more positive light
  39. judicial plea bargaining
    • plea discounting
    • sentencing discount
  40. plea discounting
    lenient sentencing on the basis that early guilty plea resulted in cost and time saving
  41. sentence discounting
    a vehicle for increasing number of guilty pleas based on offender remorse
  42. plea bargaining - criticisms
    • undue source of pressure on offender to plead guilty
    • due to a tendency to overcharge offenders
    • may affect the defendants ability to give consent to such processes
    • may provide incentives or pressures to admit offences not in fact committed by the defendant
    • generally underminds the right to trial and the presumption of 'innocent until proven guilty'
  43. sentence indication schemes
    • expose the inducements and bargains that relate to guilty pleas
    • places them under judicial supervision, where the interest of the defendant can receive maximum protection
  44. Jury composition (Aboriginal Australians)
    • lack of aborigines in juries
    • less likely to sit because of language barriers and nomadic lifestyle
  45. Interrogation of jury
    • ascertains the course of and justification of jury's decision
    • prohibited by common law
  46. Bush courts
    • Magistrates' courts on circuit in remote aboriginal communities
    • caseload of up to 100 per day = time constraint
    • less time leads to adverse justice outcomes
    • i.e. more guilty pleas
  47. Aims of sentencing
    • denunciation and public reprobation
    • retribution and 'just deserts'
    • incapacitation and community protection
    • rehabilitation and reform
    • individual and general deterrence
    • reparation and restitution
  48. incapacitation
    prevention of future offending
  49. reprobation
  50. reparation
    repaying for the crime
  51. restitution
    restoring something to its original state
  52. proportionality principle
    sentences should always be commensurate with the gravity of the harm or the harm sought to be prevented, as determined in the light of the objective circumstances of the offence
  53. Mitigating factors
    factors which relieve guilt
  54. Aggravating factors
    factors that increase guilt
  55. Factors relevant to sentencing
    • nature of offence
    • nature of offender
    • effect of offence and penalty
    • juveniles
    • special considerations
  56. nature of offence - sentencing factors
    • gravity of offence
    • involvement of identifiable victim - number involved, vulnerability due to age, mental, physical disability, etc.
    • prevalence of offence - more widespread = larger sentence
    • offences involving motivation of hatred or prejudice
  57. nature of offender - sentencing factors
    • criminal history
    • age of offender
    • culpability - mental state at time of crime
    • cooperation with authorities
    • remorse and plea
    • dangerousness
  58. effect of offence and penalty - sentencing factors
    • hardships to offender
    • hardships to others
    • rewards/gains reaped by offender
  59. juveniles - sentencing factors
    • young age is a mitigating factor
    • non-custodial order is better than detention in promoting the young person's reintegration into the community
    • rehabilitation of the young person is greatly assisted by their family and opportunities to engage in educational programmes and employment
  60. special considerations - sentencing factors
    may include:
    • method of committing crime
    • degree of participation
    • involvement of weapons
    • effect of mental disorder
    • addictions
    • personal crisis
  61. the constituent components legal notions of 'criminal responsibility'
    • the accused has engaged in conduct prohibited by criminal law
    • possess a mental state prohibited by law
  62. Sentencing young people
    considers rehabilitation rather than retribution
  63. Sentencing options
    • behaviour-orientated dispositions (supervised and unsupervised release)
    • financial penalties
    • deprivation of liberty
  64. supervised release
    • probation
    • community service order
    • attendance centre oder
    • supervised bond
  65. unsupervised release
    • admonition and discharge
    • recognisance or good behaviour bond
    • dismissal without conviction
    • decision to take no further action
  66. financial penalties
    • fine
    • compensation or restitution
  67. deprivation of liberty
    • suspended sentence of imprisonment
    • imprisonment
    • periodic detention
    • community-based custody
  68. reasons for unsupervised release
    • conviction itself may be viewed as sufficient penalty or punishment in its own right
    • public disapproval and cautioning offender not to repeat harmful action
  69. suspended sentence
    when the court reserves the right to hand down a term of incarceration at a later date
  70. 'Just deserts' model
    • emphasises retribution
    • punishment is proportional to crime
    • determinant (fixed) sentences
    • less judicial and administrative discretion
    • end to disparities in sentencing
  71. 'Republican' approach
    • prime aim of sentencing as the restoration of liberty to the victim, offender and the community
    • i.e. reconciliation between the victim and offender
  72. Therapeutic jurisprudence
    • impact that laws, practices and procedures can have on psychological wellbeing
    • argues for enhancement of individual wellbeing as well as justice principles, such as community protection
  73. truth in sentencing
    abolition of prison early release mechanisms
  74. indefinite jail terms
    • sentencing offenders to an indeterminate period of detention
    • release date is left to the discretion of the state and is based on whether the offender is no longer a threat to society
  75. guideline judgements
    suggesting a sentencing scale or appropriate sentence for comparable offences
  76. sentencing grids
    • involves a two dimensional graph with axes reflecting 'offence seriousness' and 'prior criminal record'
    • penalty level selected by referencing the point where the two lines meet
  77. problem-orientated courts
    • introducing a therapeutic aspect to the sentencing of offenders
    • attacks the root of offending behaviour
    • possibility for the community to be involved in the sentencing process
  78. sentencing advisory councils
    • established to assist in the preparation of guideline judgments through a consultive process that involves community participation
    • supposedly promotes public confidence in the justice system
  79. Consequences of 'get tough' sentencing reforms
    • greater social dislocation for those disadvantaged communities already disproportionately affected and represented in the CJS
    • increase of incarceration rate over time
    • increase in funding because of longer sentences and additional offenders
    • violations of human rights obligations
  80. Why impose harsher sentencing?
    • as specific and general deterrence
    • increase feelings of community safety
    • DOES NOT WORK in Australia or internationally
  81. personal and family-based retribution
    • first criminal codes in history (3500 - 400BC)
    • 'eye for an eye'
  82. Feudal justice
    • religious and secular laws combined
    • defined in terms of personal harm and as spiritual, moral and religious terms
  83. Feudal justice punishment
    • retribution
    • repentence
    • atonement
    • religious salvation
  84. 3 criteria which dangerousness is assessed
    • anamnestic prediction
    • actuarial prediction
    • cilincal prediction
  85. anamnestic prediction
    seriousness and/or circumstances of the offence committed