Crime – Essay Plan

Resource Description

Essay Plan

THEMES AND CHALLENGES
✔ the role of discretion in the criminal justice system
✔ issues of compliance and non-compliance in regard to criminal law
✔ the extent to which law reflects moral and ethical standards
✔ the role of law reform in the criminal justice system
✔ the extent to which the law balances the rights of victims, offenders and society
✔ the effectiveness of legal and non-legal measures in achieving justice.

BROAD – THEMES
1. Assess the extent to which the criminal justice system effectively balances the rights of victims, offenders and society
Intro
o Mostly yes it does as it is the fundamental aim of the law in theory
o Does not always occur in practise
1: Police Powers – LEPRA
o LEPRA gives police the power to keep the community from harm
▪ LEPRA (2002), Code of Behaviours in Code of Practise for CRIME (Custody, Rights, Investigation, Management and Evidence)
▪ Given powers to arrest, charge, suspects
▪ Their job is to Prevention, Detection, Maintenance of Public Order and Ensure Criminal laws are observed
▪ Enforce laws such as the Crimes Act 1900
o LEPRA ensures the police do not abuse power to protect offender/suspects
● They can only use reasonable force
● Must obtain warrants do not intrude on rights of offenders

● When arrested must keep for a minimum of 6 hours – and extent to 6 hours AFTER this they must either charge or release them unconditionally

MAY NOT KEEP community from harm though

o Use of reasonable force, but it was MISUED ROBERT CURTI case ineffective for this offender

● Issues of misuse and dangers of unrestricted handling
● Robert Curti, 21 y/o Brazilian killed in 2012 after being tasered up to 14 times by police attempting to arrest him and he died
● Coronial inquest into death recommend several police offences face action finding they had acted “thuggish manner”
● 4 charged, 2 with common assault and 2 with assault occasioning bodily harm, 1 for capsicum spray
● Highlights rule of law police not above the law and their powers

● Police showed appalling judgement and no understanding on proper training did not use reasonable force