From Graffiti to Terrorism: Criminology - Assignment Example

Graffiti to Terrorism Part A The malicious destruction, by fire, of another person’s abode or edifice in the garth of an individual’s residence, was defined as arson in the common law. Subsequently, the malicious destruction of commercial and public buildings, bridges and similar structures, by fire was also termed as arson (Arson , 2002). In Victoria, 16 to 31adults have been sentenced to imprisonment, every year. 31% of these persons were sentenced to terms of imprisonment that varied between 3 months to 8 years. Most of these convicted persons were imprisoned for a year (Sentences for arson in Victoria, 2009). A large proportion of the arsonists, namely 84% were males. Their average age was around 29 years. Female arsonists were in general older than their male counterparts, at an average age of 32 years. A term of incarceration was common among those in the age group of 30 to 34 years, while it was very rare among those who were less than 20 years old (Sentences for arson in Victoria, 2009). The data available, regarding arson in Victoria, indicates that in the period 2005 – 2006, 39 individuals were sentenced. However, the number of cases involving arson, during that period, was around 3,000. Consequently, most of the incidents of arson did not culminate in the sentencing of the arsonist. This is a very disturbing trend and the situation demands greater efforts to apprehend and sentence arsonists, to a much greater extent (Sentences for arson in Victoria, 2009). Researchers like Mayhew have concluded that the annual loss to Australia, on account of arson, was around $1.35 billion. Many instances where fires are started deliberately, fail to be classified as arson, due to the inability of the authorities to establish criminal intent .Incidents of arson are on the increase, and the data available with the New South Wales Police, indicates such increase (Offending and reoffending patterns of arsonists and bushfire arsonists in New South Wales, 2009). Difficulty in establishing criminal intent renders it a daunting task to categorise fires started with criminal intent, as acts of arson. From the perspective of claiming insurance, a considerable amount of the property should have been razed to the ground. If the damage can be deemed to be a total loss, then maximum insurance can be claimed; which would be significantly higher than the benefit obtained, if the property were to be replaced or rebuilt by the insurance company (Noon 2001: 204). Part B The possession and carriage of knives is common amongst the very young, in Australia, as they perceive a necessity to protect themselves. Most of the people, who carry a knife, do not employ it in violent crime. This habit is discontinued, in general, on reaching the age of 14 years. Several researchers have concluded that the habit of carrying a knife is the outcome of fear and insecurity. In addition, factors like the family and school environment, and peer pressure have a significant influence on this habit (Reducing knife carrying and knife violence, 2010). Knife carrying is the usual preserve of the males, and race or ethnicity has scant bearing on this practice. Moreover, violence involving knives is dependent on an altogether different set of behaviours and demographics. Several research studies have clearly demonstrated that the victims and perpetrators of violence involving knives are either in their early twenties or late teenage years (Reducing knife carrying and knife violence, 2010). In addition, stabbing with a knife is intimately related to the trade in illicit drugs. The extant approach to knife carrying is to impose strict penalties, including incarceration, in order to prevent this practice. This approach could prove to exacerbate the situation. The Government of Victoria, enacted laws in 2009 that enhanced the powers of the police to search any individual, in some areas, irrespective of age, social background or ethnicity. The experience of other countries has been that imposing drastic punishment on those who carry knives does not deter the practice of knife carrying (Reducing knife carrying and knife violence, 2010). Moreover, a term of imprisonment for carrying a knife was seen to increase recidivism. The recent spate of violence, involving stabbings with a knife, especially with regard to students from India, who were the victims in most of these incidents, prompted the Victorian Government to enhance search and seizure powers. This initiative empowers the police to conduct random searches in some public areas, like train stations (Australia unveils measures to curb 'knife culture' , 2010). A multi pronged attack has been launched against the carrying of knives. First, minors have been precluded from purchasing controlled or prohibited weapons. Second, a $2,000 fine will be imposed on any person who carries a knife in bars, pubs and other licensed premises. These initiatives are aimed at reducing stabbing incidents in Victoria (Australia unveils measures to curb 'knife culture' , 2010). The manner in which weapon issues are practically addressed has an important bearing on the relationship between the youth and the police. In the absence of adequate police protection, a few of the youth could resort to carrying knives, in order to defend themselves from racist attacks (White, 2004). The outcome of this initiative would be more intensified police interventions. Furthermore, anti – weapons laws could have a significant negative effect on the youth. An example is provided by the Crimes Legislation Amendment (Police and Public Safety) Act 1998. This Act modifies the Summary Offences Act 1988, and makes it an offence to bear a knife in a public place. Consequently, the police can rely on these laws to search individuals for knives and other weapons, and instruct people to carry out reasonable directions in public places, so as to effectively deal with individuals, whose conduct intimidates, harasses or obstructs other members of the public (White, 2004). People in the thousands were stabbed and intimidated with knives in Australia, despite the enactment of very stringent laws. This constitutes a 20% escalation in violence, in comparison with the violence in 1998, as determined by the Bureau of Crime Statistics and Research. The police, in this interval, made some 2, 00,000 searches and confiscated around 30,000 knives. Despite such large scale confiscations, knives remain the favourite weapon of murderers and armed robbers in Australia (Kidman & Cuming, 2007). The law enforcement officials can conduct searches, in order to locate and confiscate weapons. However, such police officers have to adhere to certain rules whilst conducting these operations. These rules are derived from the Law Enforcement (Powers and Responsibilities) Act 2002, and a few of these are described in the sequel (Sanders, 2007). First, a police officer has to seek the cooperation of the suspected individual, for conducting a search. Second, the method of search should be expeditious and should guarantee privacy to a reasonable extent. Third, the searching and questioning should not be simultaneous. Fourth, to the extent possible, searches should be conducted by officers of the same genders as the suspected person (Sanders, 2007). With regard to searches, wherein the suspect is to be divested of clothes, certain additional rules have to be observed. First, such searches can be conducted only on persons who are more than 10 years of age. Second, if the suspect is under 18 years of age or if the suspect suffers from some mentality disability, then such person should be accompanied by a support person, to the extent that this is reasonably possible (Sanders, 2007). Third, the police officer cannot touch the body cavities, examine the person by touch or remove more clothes than necessary. Fourth, such strip searches are to be conducted in a private area that cannot be observed by a member of the opposite sex or a person whose presence is inessential for this procedure (Sanders, 2007). An individual may carry a knife, if he has a valid excuse. Some of these are, necessity for the knife on religious grounds, as in the case of the Sikh community; requirements of a person’s work or study; for use in cooking or consuming food; and use in legitimate sport or recreation. In addition, there should be a reasonable necessity for carrying the knife at any particular time (Summary Offences Act). Thus, it can be concluded that the various restrictions on the police, who have to conduct a search on suspected violent criminals, promotes crime. The several initiatives of the Australian authorities, have proved to be unsuccessful in curtailing violent crime. List of References Arson . (2002). Retrieved June 10, 2010, from http://www.credoreference.com/entry/worldcrims/arson Australia unveils measures to curb 'knife culture' . (2010, March 4). Retrieved June 10, 2010, from MyNews: http://www.mynews.in/News/Australia_unveils_measures_to_curb_'knife_culture'_N39804.html Crimes Legislation Amendment (Police and Public Safety) Act 1998 No 38. (1998, June 18). This Act is the Crimes Legislation Amendment (Police and Public Safety) Act 1998 . Sydney, New South Wales, Australia: The Legislature of New South Wales. Kidman, J., & Cuming, A. (2007, August 26). Police losing fight against blade culture as stabbings escalate. Retrieved June 10, 2010, from The Sydney Morning Herald: http://www.smh.com.au/articles/2007/08/25/1187462584853.html?s_cid=rss_ Law Enforcement (Powers and Responsibilities) Act 2002. (n.d.). 2002 . Sydney, New South Wales, Australia: The Legislature of New South Wales. Noon, R. K. (2001). Forensic engineering investigation. CRC Press. Offending and reoffending patterns of arsonists and bushfire arsonists in New South Wales. (2009, July 13). Retrieved June 10, 2010, from Australian Government Australian Institute of Criminology: http://www.aic.gov.au/publications/current%20series/tandi/341-360/tandi348/view%20paper.aspx Reducing knife carrying and knife violence. (2010, May 25). Retrieved June 10, 2010, from Smart Justice: http://www.smartjustice.org.au/resources/Smart%20Justice%20Reducing%20Knife%20Crime.pdf Sanders, J. (2007, February). Youth Justice: your guide to cops and court in New South Wales. Retrieved June 10, 2010, from Federation Press: http://www.federationpress.com.au/pdf/Police%20Searches.pdf Sentences for arson in Victoria. (2009, October 14). Retrieved June 10, 2010, from Australian Government Australian Institute of Criminology: http://www.aic.gov.au/en/publications/current%20series/bfab/41-60/bfab041.aspx Summary Offences Act. (n.d.). Retrieved June 10, 2010, from Kingsford Legal Centre The University of New South Wales: http://www.law.unsw.edu.au/centres/klc/doc/2009/Swearing_Drinking.pdf Summary Offences Act 1988. (1988). Sydney, New South Wales, Australia: The Legislature of New South Wales. White, R. (2004, March). Police and Community Responses to Youth Gangs. Retrieved June 10, 2010, from Trends & Issues in crime and criminal justice: http://www.aic.gov.au/documents/2/7/F/%7B27F98823-5B52-4D5B-A586-79EB22634B2F%7Dtandi274.pdf Read More