Police and Victims in Australia - Case Study Example

"ASSIGNMENT POLICE AND VICTIMS" Introduction: Whenever we talk about victimology, we are actually talking about a relationship. A relationship between two people, one of them is the victim and the other is the offender. Victimization is another term which coincides around that of victomology. Victimization is itself an act of injustice or in other words we can say that an unfair treatment comes under the definition of victimization. Law enforcement in Australia: Law enforcement in Australia is served by police, sheriffs and bailiffs under the control of state, territory and the Federal governments. A number of state, territory and federal agencies also administer a wide variety of legislation related to white-collar crime. The police is responsible for the criminal law. The sheriff and bailiffs in each state and territory are responsible for the enforcement of the judgments of the courts exercising civil law (common law) jurisdictions. In Australia, there are two levels of police forces, the state police and the Australian Federal Police (AFP). The AFP is only 25 years old whilst State Police Forces were established in the 1800s The Australasian Institute of Policing (AIPol) is a non-industrial, not-for-profit incorporated association that has been established by practitioners, for practitioners to further the policing profession. As such, it is the professional body for Australian and New Zealand policing and has been established with the object to: promote the policing profession; promote professional practice standards within the policing profession; endorse education related to the policing profession; certify individual police practitioners; develop, promote and encourage ethical standard of policing practice; to facilitate the sharing of research and information as to best practice policing; to enhance public confidence in the police profession and the service provided to the public by members of the policing profession; and to promote professional mobility of police practitioners. The New South Wales Police Force (NSW Police Force; previously New South Wales Police Service & New South Wales Police) is the primary law enforcement agency in the State of New South Wales, Australia. (ASHWORTH, A 1987) It is an agency of the Government of New South Wales within the New South Wales Ministry for Police. Divided into eighty Local Area Commands (LAC),[1] the NSW Police Force consists of over five hundred local police stations and covers an area of 801,600 square kilometres whilst serving the state's population of seven million people.[2] Under the Police Regulation Act (1862), the organisation of the New South Wales Police Force was formally established in 1862 with the unification of all existing independent police units within New South Wales. The authority and responsibility of the entire police force was given to the Inspector General of Police.[3] Presently, the Commissioner of Police controls the police force. Crime and Justice System in Australia: The Commonwealth of Australia is federalist government composed of a national government and six State governments. The government of the Commonwealth is responsible for the enforcement of its own laws. The most frequently prosecuted Commonwealth offenses are those related to the importation of drugs and the violation of social security laws. Offenses against a person or against property occurring in Commonwealth facilities are also regarded as offenses against the Commonwealth. The States are primarily responsible for the development of criminal law. Queensland, Western Australia, and Tasmania are described as "code" States because they have enacted criminal codes which define the limits of the criminal law. The remaining three States, New South Wales, Victoria,and South Australia are regarded as common law States because they have not attempted codification. In practice, however, there is little ifference in the elements of the criminal law between the "code" and "common law" States. Local governments can pass legislation, known as bylaws. These generally include social nuisance offenses as well as traffic and parking rules.Local government officials or the State and Territory police generally enforce the local government by laws. The maximum penalty that can be imposed for conviction of a bylaw offense is a monetary fine. However, non-payment of fines can result in imprisonment. 2. Legal system: The structure of the Australian legal system is derived from, and still closely follows, that of the United Kingdom. In addition to parliament-made law, there is the common law inherited from the English courts which has since been developed and refined by Australian courts. 3. History of the criminal justice system in Australia: For thousands of years Australia was inhabited by an indigenous people, now known as the Aborigines. In 1788, a British Penal Colony was established in the southeast part of the continent. Other settlements of European people were subsequently established elsewhere, leading to the creation of six independent British colonies: New South Wales, Victoria, Queensland,Western Australia, South Australia and Tasmania. These colonies became a federation in 1901, to eventually form the States of the Commonwealth of Australia, although since then, the Northern Territory and the Australian Capital Territory have been granted self government. The Commonwealth of Australia has nine separate parliaments or legislatures, most of which have lower and upper houses. There are also several hundred local government authorities,known as councils or shires.The national or Commonwealth Government is responsible for defense, foreign affairs, customs, income tax, post and telegraphs. The State or Territory Governments have primary responsibility for health, education and criminal justice, although the Commonwealth Government is also influential in these areas. Local governments are responsible for municipal functions such as town planning and the provision of civic amenities.There exists a level of tension between the governments at the State or Territory level and the Government of the Commonwealth. This tension is almost exclusively concerned with the issue of the allocation of monies raised from income tax and the appropriate distribution of power. Since the 1970s, there has been a noticeable shift of power toward the Commonwealth Government. 1. Classification of crimes. Legal classification. Crime is generally defined as any conduct which is prohibited by law and which may result in punishment. Crimes can be classified as either felony, misdemeanor or minor offenses, but more commonly they are classified as indictable or not indictable offenses. Indictable offenses are those which are heard by the superior courts and may require a jury, whereas non-indictable offenses, which comprise the vast majority of court cases, are heard in magistrates courts, where no juries are employed.While there are some classification differences among the various jurisdictions, in all jurisdictions indictable offenses generally include homicide, robbery, serious sexual and non-sexual assault, fraud, burglary and serious theft. In some jurisdictions, such as South Australia, there is a group of "minor indictable" offenses which can be heard in the superior or lower courts, according to the wish of the accused. Criminal justice statistics are based on a classification scheme which divides crimes into offenses against the person, property offenses and "other".(Walker, John 1992) Age of criminal responsibility. The minimum age of criminal responsibility and the upper age limit for hearings in juvenile courts varies among Australian States and Territories. The minimum age of criminal responsibility, followed by the maximum age limit for hearings in the juvenile court in the various jurisdictions are as follows:New South Wales: 10 and 17; Victoria: 8 and 16; Queensland: 10 and 16; Western Australia: 7 and 17; South Australia: 10 and 17; Tasmania: 7 and 16; Northern Territory: 10 and 16; and the Australian Capital Territory: 8 and 17. The minimum age of criminal responsibility in juvenile courts is 7, while the minimum age to be tried in an adult court is 16. In all jurisdictions, any child above the age of criminal responsibility who is charged with homicide can be tried in an adult court. In some jurisdictions, juveniles may have their offenses tried in adult courts for offenses such as rape and treason. Drug offenses. Drug offenses constitute a major focus of all ustralian criminal justice systems. The possession, use, sale, distribution,importation, manufacturing or trafficking of a wide range of drugs is illegal in all Australian jurisdictions. Illegal drugs include: marijuana (cannabis), heroin, designer drugs (ice,ecstasy), amphetamines (speed, LSD) and cocaine (including crack). While the possession or use of any of these drugs is illegal, in some jurisdictions, notably South Australia and the Australian Capital Territory, marijuana has been partially decriminalized. Its possession or use may result in the imposition of a relatively small fine without the need to appear in court. (Moir, Peter and Eijkman, Henk 1992) Crime victim study relationship: Crime victim study is one of the most significant directions in the field of sociological-criminological research. This type of study provides for a more accurate assessment of the state of criminality, especially its latent part, it likewise enables to expose the more typical situations of the commission of crimes and other law violations which is important for the prognosis and prevention of this phenomenon, it also facilitates the collection of the most precise information on the resultant physical, property and moral damage. This kind of information is necessary for the development of programs aimed at assisting the victims of crimes as well as neutralising other social consequences of criminality. Victimological surveys of population also help to reveal the prevailing attitude of the society towards the phenomena mentioned above. ''''''' A victimological survey, as a comparatively separate direction of research, emerged in the fifth decade of our century when, after the end of the Second World War, the number of victims of war and crime was extremely great. An important role in the development of theoretical and practical premises of victimological research was played by the study of the famous American criminologist Hans von Hentig "The Criminal and his Victim" which appeared in 1948. It acted as an incentive for the criminologists and sociologists of many other countries to start similar victimological research. In the course of several decades, the constantly expanding research of this kind formed a consequent trend of victimological crime prevention. In the ninth decade the victimological research was started on the international level. Different means of crime analysis: Norman Allan, a policeman of the old school, served as the New South Wales Commissioner of Police from 1962 to 1972. In recognition of his services to the state, Her Majesty the Queen created him a Companion of the Order of St Michael and St George. In his first Annual Report after assuming office, Allan's successor, Fred J. Hanson, paid tribute to the former Commissioner and highlighted some of the notable advances that were achieved during the Allan decade. Amongst references to substantial increases in police personnel and to the increased mobility of police resulting from the provision of additional motor vehicles, there is reference to 'the developing use of scientific and technical aids in police work' (New South Wales 1973, p. 5). It seems unlikely that Commissioner Hanson was referring to the innovation for which Allan might best be remembered: the introduction of illegal telephone interceptions by New South Wales Police. About midway through his decade as Commissioner, Allan summoned Sergeant D.R. Williams, a senior technician serving in the police communications branch, to his office in downtown Sydney. Expressing dissatisfaction with such traditional methods of criminal intelligence gathering as the use of paid informants, Allan directed his communications specialist to begin exploring techniques of electronic surveillance based on listening devices ('bugging') and the interception of telecommunications ('wiretapping'). Sergeant Williams returned some weeks later with a prototype device for intercepting telephone calls. The Commissioner was pleased, and agreed to the formation of a small group to work specifically in the area of surveillance technology. Boba, R. (Forthcoming, Summer 2005) Initially called the Electronics Section, the group was placed under the administrative control of the Communications Branch. For operational purposes, however, it came under the control of the Superintendent in Charge of the Criminal Investigation Branch. In 1980, the unit underwent a change of name to 'Technical Support Group'. Two years later, when it became part of the Bureau of Criminal Intelligence, it was given the even more cryptic name of 'Technical Survey Unit'. What the unit did in its various incarnations over sixteen years was engage in illegal wiretapping. By the time they ceased operations, personnel of the unit had undertaken over 200 separate interceptions. However useful the information gleaned from these wiretaps may have been, they were all quite illegal. The fact that the New South Wales Police were themselves engaged in systematic criminal conduct was known not only to the technical specialists themselves, but also to the vast majority, if not all, of the Criminal Investigations Branch, to a senior executive of the New South Wales Police Association, and to five successive commissioners of police. The system for intercepting telecommunications was refined over the years to become a highly sophisticated operation. The wiretapping devices, small transmitters each about the size of a cigarette packet, were assembled by police technicians from materials available at retail outlets. Police officers, often disguised as Telecom technicians, installed the devices after normal working hours. The officers applied for and were paid overtime for their criminal efforts. They travelled in surplus Telecom vans purchased at auction from the Australian government, and bearing Commonwealth of Australia number plates. The vehicles were registered under false names, using the home addresses of officers in the Technical Support Unit. Official insignia were obtained from Telecom, ostensibly for the purpose of lawful undercover surveillance. The officers carried leather toolbags, specially made facsimiles of those used by Telecom technicians. The actual interceptions were achieved in one of two ways. The most common involved installing the transmitting device to the appropriate connections in the Telecom wiring pillar on the footpath near the target telephone. Signals from the transmitter were received in a motor vehicle parked unobtrusively nearby. Additional police were stationed in vehicles at nearby vantage points in order to warn the officers installing the intercepts of any risk of detection. Initially recordings were made manually. As technology improved, the receiving device was commonly attached to a voice activated tape recorder. Further developments in technology enabled police to determine the number dialled from the telephone under surveillance. The second method of interception, known as 'hardwiring' involved the direct wiring of the target telephone to a telephone service in nearby premises rented by the NSW Police. This method was preferred for surveillance over a longer term, or where there was greater risk of detection of the target by surveillance, by neighbourhood residents or by Telecom authorities. Indeed, Telecom authorities became unwitting accomplices in the criminal enterprise. A list of telephone numbers dialled from the telephone under surveillance was forwarded to Telecom by police along with a request for details of the subscribers to those numbers. Telecom were told that the numbers in question were obtained in the normal course of investigations, not through illegal intercepts. Mr Justice Stewart, himself a former police officer and not generally unsympathetic to the police and their mission, was stern in his condemnation: By all current standards of justice and fairness it is clearly intolerable that persons may be brought to trial as a result of activity of police officers which is flagrantly in breach of the law. Alarming as it may be to acknowledge that convictions for undoubtedly serious offences by major criminals would not otherwise have been achieved without the use of the interception of telephone conversations, it is nevertheless unacceptable by community standards for persons to be apprehended as a result of unlawful conduct by police (Australia 1986a, p. 167). Although a number of the illegal intercepts were effected for the purpose of investigating unsolved crimes, there appear to have been other more sinister motives. In the words of the Stewart Royal Commission: The initial interception of the telephone conversations of Ryan was made because of conversations heard during the continued interception of the telephone conversations of Roy Bowers Cessna after his arrest on 14 March 1979. The Commission did not obtain a satisfactory explanation as to why the interception of Cessna's telephone conversations had continued and there is a basis for suspicion that the telephone interception might have been continued in order to ascertain details of Cessna's defence (Australia 1986a, p. 136). Effective crime analysis employs data mining, crime mapping, statistics, research methods, desktop publishing, charting, presentation skills, critical thinking, and a solid understanding of criminal behavior. In this sense, a crime analyst serves as a combination of an information systems specialist, a statistician, a researcher, a criminologist, a journalist, and a planner for a local police department. Advances in crime analysis: Many people regard Australian local police as the frontline of the NSW Police Force, Specialist Operations supports the activities of frontline police in Field Operations by providing highly specialised functions and services. Specialist Operations comprises six diverse commands encompassing Counter Terrorism & Special Tactics, Forensic Services, Operational Communications & Information, Special Services, Public Affairs and Professional Standards. Crime (and criminal intelligence) analysis in the United Kingdom is governed by the National Intelligence Model, an Association of Chief Police Officers (ACPO) code of practice that establishes a common approach to the business. This was rolled out in 2000 by the National Criminal Intelligence Service (NCIS, now part of the Serious Organised Crime Service (SOCA)) and adopted by ACPO, becoming a requirement for UK police forces. Analysts support policing through the provision and support of four key 'Intelligence Products', these being the Strategic Assessment, the Tactical Assessment, the Problem Profile and the Subject Profile (formerly referred to as the 'Target Profile'). The analyst also has a toolbox of nine key supporting products available, these being referred to as 'Analytical Products'. The key skills of an analyst within UK law enforcement must to be identify patterns and trends, make inferences in relation to these patterns, provide recommendations to support action and provide products and briefings that deliver this information and interpretation clearly and in an appropriate format for the audience. REFERENCES: Walker, John, Crime in Australia: as measured by the Australian component of the International Crime Victims Survey 1992. Assisted by Dianne Dagger. (Canberra: Australian Institute of Criminology), 1993 Walker, John, Estimates of the Costs of Crime in Australia. Trends and Issues in Crime and criminal Justice, no.39. (Canberra:Australian Institute of Criminology), 1992 Moir, Peter and Eijkman, Henk. Policing Australia:Old Issues, New Perspectives. (Melbourne: Macmillan), 1992 Chappell, Duncan and Wilson, Paul, eds. Australian Policing: Contemporary Issues. (Sydney:Butterworths), 1989 Boba, R. (Forthcoming, Summer 2005). Crime Analysis and Crime Mapping: An Introduction. Sage Publications. Thousand Oaks, CA Bates, S. (1987). Spatial and temporal analysis of crime. Chicago: Illinois Criminal Justice Information Authority. Anonymous. (2003, Sept. 5). New York goal of linking all police in crime mapping system hits roadblock. Crime Control Digest, 37(5), 1-2 Read More