The Australian Criminal Justice System - 2881 Words

The Australian criminal justice system acknowledges the immaturity of young offenders compared with that of adult offenders, and thus impose system in which their crimes are dealt with. A criminal conviction relies upon a two-fold basis whereby the actus rea and mens rea must be proved, however young offenders are treated with a different level of responsibility as they have not reached adulthood. Referred to as juvenile justice, offenders under the age of 18 are recognised as requiring a greater level of protection and assistance due to their state of dependancy. Such programs are specifically geared to protect young offenders and aim to deal with youth in a more effective manner due to their increased vulnerable state.This protection is consistent throughout the criminal trial process and covers all stages starting from acknowledging the age of responsibility. Under federal law criminal responsibility applies for those aged 10 and over, and rebuttable presumption is applicable for ages 10-14 years .Rebuttable presumption is defined as a legal presumption in favour of one party and is able to be rebutted by the other party with sufficient evidence for proof.This may be tied in with doli incapax which is the principle of a child being under a certain age is incapable of committing a crime due to their lack of awards of such conduct being wrong. The effect of such means the prosecution of children aged 10-14 required evidence to the court beyond reasonable doubt, that theShow MoreRelatedThe Perception Of The Australian Criminal Justice System Essay1994 Words   |  8 PagesThe perception of the Australian criminal justice system’s legitimacy is determined by the actions of three institutions, and the manner in which they address issues of justice within society. For the criminal justice system to be seen with integrity and valued for its role, it is vital that all members of the community see the appropriate rectification of injustices through the police, courts and corrections. However, particular groups within society encounter the illegitimacy and social inequityRead MoreAustralian Criminal Justice System : Australia Essay1780 Words   |  8 PagesAustralian Criminal Justice System The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former coloniesRead MoreIntercultural Communication And The Australian Criminal Justice System1364 Words   |  6 Pagesresult in negative long term effects for some already disadvantaged groups such as Indigenous Australians. Without effective Intercultural Communication, particular groups will continue to be disadvantaged in their everyday lives. Firstly, this essay will discuss the role that language, particularly non-verbal, plays in communication and how this is an ongoing issue in the Australian criminal justice system. Following t his the effects of racism and white privilege will be discussed and it will be arguedRead MoreIndigenous Australians Face Within The Criminal Justice System1598 Words   |  7 PagesThe Indigenous Experience in Australian Courts It is a commonly known issue in Australia that as a minority group, the people of Indigenous Australian ethnicity have always been treated, or at least perceived, differently to those of non-Indigenous disposition. This can be applied to different contexts such as social, economic, education, or in relation to this essay – legal contexts. Generally, Indigenous Australians face issues such as less opportunity for formal education, less access to sufficientRead MoreThe Barriers Of Indigenous Australian Women Face Within The Criminal Justice System970 Words   |  4 Pagesexperience inequality through the education and criminal justice system, specifically Indigenous women. This is highlighted throughout the report through various statistical data including tables and graphs. Further discussion on the link between these statistics to current unit concepts will be addressed in this report to expose the barriers that Indigenous Australian women face within the criminal justice sy stem. The statistical overview on the education system will focus on the Indigenous populationRead MoreThe Australian Criminal Justice System Is Shaped Largely by Our Society. Discuss This Statement.1269 Words   |  6 PagesThe criminal justice system is the system the Australian public look to for protection and justice against those that disregard the law but there are mixed opinions from the general public that the justice system is too lenient and that the public opinion isn’t taken into consideration when assessing crime and punishment. In this essay, I will argue that the Australian criminal justice system is in fact shaped largely by our society because if it doesn’t reflect social conscience, the justice systemRead MoreThe Issues Of The Criminal Justice System1526 Words   |  7 Pagesin the enduring Indigenous criminal law discourse which is framed by issues throughout history, jurisdictions, prisons, courts and the criminal justice system. Whilst todayâ₠¬â„¢s intergeneration effects of poverty and the loss of autonomy fuel Indigenous disadvantage, the criminal law institution is another contributor which vividly displays disadvantages and barriers which preclude Indigenous Australians from sufficiently accessing justice. However, the pursuit for justice is more multifaceted than aRead MoreComparing a Aboriginal and Australian Justice Systems1304 Words   |  6 PagesInterrelationship : Aboriginal Australian justice system : The recognition of aboriginal customary laws under the Australian Criminal justice system is just confined to acknowledgement of just the traditional physical punishments at the stage of sentencing. It all depends upon the interpretation and readings of individuals who play a role in the Criminal justice system in the capacity of judicial officers, officers of the court, lawyers and police officers etc. (Aboriginal Law criminal justice,Law Reform CommissionRead MoreImplementing An Effective Punishment For An Offender1653 Words   |  7 PagesAchieving justice for all and providing appropriate punishment to fit all crimes is a prominent issue within the criminal justice system. In considering an effective punishment for an offender, the law must be mindful of both the moral and legal rights of a number of parties, including the society, the offender, and the victim, in order to achieve true justice for all (Warren 2005) - a process proving controversial and almost impossible in many cases. Whilst aiming to provide a system in which citizensRead MoreThe Royal Commission Into Aboriginal Deaths955 Words   |  4 Pagesdeath of indigenous Australians in prison or police custody. In doing so the report highlighted the substantial over representation of Aboriginal and Torres Strait Islander people in the Criminal Justice system and provided detailed analysis of underlying factors. The reports findings were believed to be the foundation of change. However, regardless of a range of policy changes and crime prevention programs in repose to the report, over representation in the criminal justice system remains. The issue