Australia Business Law Media - Case Study Example

Name Title Institution Date Media Report Analysis Question 1 Criminal Law Escaping from a prison is a criminal offense punishable by law. Any individual who escapes or attempts to escape from prison is liable to punishment as well as to the remaining time duration of the original imprisonment sentence1. Therefore, in this case the escapee Kelden Edward Fraser committed a criminal act when he broke out of prison van at Geradton airport as he was being transferred to maximum-security jail. Another aspect of criminal law is that Kelden Edward Fraser was in remand for an alleged armed robbery. Basically, robbery consists of the following elements; the taking, with the intention of stealing, the personal property of another individual, from the individual or in their presence, against their will and through violence, intimidation or threat. In addition, Fraser also took part in a roof protest that resulted to $13,000 damage at Greenough Regional Prison2. Administrative Law Administrative law governs the undertakings of administrative government agencies and as a body of law; it deals with the decision-making of administrative government units. In Australia, administrative law defines the scope of powers and duties that administrative Australian government’s agencies hold. In this case, the aspects of administrative law can be indentified where Fraser’s security risk was upgraded following his attempt to escape, which prompted his move to a maximum-security prison within Perth3. Another aspect of administrative law in this case is where Fraser was not transferred in a “high-risk escort” following his move. This evidently questions the decision making of the officials in the WA prison. Instead, Fraser was supposed to be transported by specialist emergency support group officers in the department of Corrective Services and not Serco, the company that provides transport services in the prison. Reviewing and changing of the prison policies is also an aspect of administrative law because it involves decision making of a government agency (prison)4. Question 2 Encourages and Discourages Certain Conduct The law encourages and discourages certain conduct by criminalizing the act it aims at discouraging so as to encourage the appropriate conduct. In this case, it is against the law to escape or try to escape from jail/prison. Therefore, the law discourages the conduct of escaping from jail by criminalizing the act. Another conduct that is being discouraged is the act of armed robbery where Fraser was remanded for armed robbery. By the law allowing arrest and ensuing prosecution of Fraser, the law is discouraging the conduct of armed robbery5. Grants Rights and Powers to Individuals and Groups of People The law does this by authorizing certain people and groups of people to enact law, as well as maintain law and order. For instance, in this case the police have been given power to arrest criminals such as Fraser who is alleged to having committed armed robbery. Additionally, the law also gives the prison authorities powers to arrest Fraser for trying to escape and to transfer him to a more secure remand since he is a high-risk prisoner.6 Imposes Obligations on Individuals / Organisations to Meet Their Legal Responsibility The law does this by ensuring that people/organizations fulfill their duties appropriately. In this case, the law obligates the prison officials with the responsibility of ensuring that Fraser does not escape and is given the required security to ensure that he faces the law for his criminal conduct7. Allows for the Enforcement of Recognised Rights and Duties The law does this by giving the suitable people authority to enforce the recognized rights and duties. In this case, the law allows the prison officers and the police to enforce the duty of arresting Fraser for his criminal conduct. The law also allows the prison officials to enforce the duty of ensuring that Fraser is transferred in to the maximum unit for taking part in roof protest. Fraser’s right of remaining in remand until the hearing of his case was taken away when he participated in the roof protest8. Provides Remedies when an Injustice has been done The law does this by enabling punishment of the individuals who commit injustices. For example, Fraser committed an injustice through his criminal conduct and in turn the law has the appropriate remedy for his actions. He might be imprisoned for the armed robbery and this will provide remedy for the injustice he committed to the ones he robbed9. Ensures Reasonable Predictability in Daily Life The law does this by ensuring there is good governance through factors such as reliability, predictability as well as accountability in daily life. In this case, the administrative law obligates the prison officials to be accountable and reliable in their actions to ensure predictability of smooth handling of the prisoners. For example, had Fraser been transported using the high-risk security as the law demand, perhaps he could not have attempted to escape10. Question 3 It is important for the prison officials to be aware of the administrative law because in this case had they paid attention to administrative aspect the escapee would not have tried to escape. This is because the prison officials would have ensured that Fraser was given the appropriate escort (high-risk escort) while being transported to maximum prison because by Fraser participating in roof protest, he had proved to be a high-risk prisoner. Additionally, Fraser was in remand for armed robbery and this aspect should have informed the prison officials that he was a high risk inmate and thus required high-risk escort. Had the officials applied the administrative law to their advantage, Fraser would not have tried to escape and if he would have attempted to escape, he would have been on the run for 36 hours11. Similarly, it is important for an inmate to be aware that escaping or attempting to escape from prison is legally responsible to punishment as well as to the remaining time duration of the original imprisonment sentence. Had Fraser been aware of this aspect of criminal law, he would not have attempted to escape because by trying to escape he added another criminal count to his other offense of alleged armed robbery12. Question 4 Through priming of the news as well as reporting and publicizing certain crimes taking place in the society, the media relentless emphasis raises public concern regarding crimes and hence makes it more significant for the public to question how law is administered. For instance, if the media highlights a particular incident where the law was not apparently applied or the administration of the law was questionable, the public will have negative perceptions about the individuals who never administered the law appropriately and may in turn feel that the law is not protecting them as it should, and vice-versa13. In addition, after the media highlights a certain issue in the news media, legislators and judges who are responsible in establishing the law may find themselves being pressured to increase support for punitive policies and laws. For example in this case, when the media highlighted the issue of Fraser, the public might have felt that had the prison officials been keener and paid attention to administration aspects in the prison when transporting Fraser and used the appropriate escort, he would not have tried to escape. Had Fraser succeeded in his escape attempt, he would have gone back to the society without facing any imprisonment for the crimes committed, which obviously is a risk to the public. In this case, the public pressure on the legislators and judges might result into more punitive laws against prison escapees14. Bibliography Creyke, Robin & McMillan, John. Control of Government Action: Text, Cases and Commentary. Chatswood: LexisNexis, 2009. Douglas, Roger. Douglas and Jones's Administrative Law. Leichhardt: Federation Press, 2009. Gross, Hyman. A Theory of Criminal Justice. Oxford: Oxford University Press, 2005. Haag, Ernest. Punishing Criminals: Concerning a Very Old and Painful Question. Sydney: Basic Book, 2008. Read More