Simon's readings

• political
• reform/professional
• community
• uncertainty

• P: authority from local political leaders, police seen as political machinery
• R: distance from the people, adherence to the rule of law, policies and procedures
• C: community support balanced with the rule of law
• U: lots of laws and authority from regulatory partners and community

• P: social services (soup kitchens), crime control and prevention
• R: crime control
• C: crime control, prevention and problem solving
• U: crime and terrorism control and prevention

• P: formally centralised but informally decentralised (due to primitive communications
• R: centralised decision making
• C: decentralised, task forces and matrix structures
• U: centralised specialist teams, fusion centres

• P: intimately connected to the social and external world
• R: professionally remote, police business kept from citizens
• C: consultive relationship with the community
• U: consultive and coercive

• P: politicians and citizens demand police services
• R: demands channeled through general dispatch
• C: specific analysis of problems dictate resource allocation
• U: demands placed on police by external agencies, demands identified by analysis of problem people. places and situations

• P: foot patrol, call boxes and interrogations
• R: preventative patrol, rapid response
• C: foot-patrol, problem-solving
• U: technologies and appraoches which are reliant on information systems

• P: crime and riot control, order maintenance, relief of hunger and homelessness
• R: crime control
• C: quality of life, citizen satisfaction
• U: crime and terrorism control

• main occupation in policing
• creates impression of police omnipresence
• convinces potential offenders that no opportunity for misconduct exists

• programs and policies are based on commitment to partnership between police and community
• emphasis on proactive policing, community contacts before crime occurs
• covers a range of different schemes and initiatives such as the role of being felt within the community

when an individual officer is responsible for a community's policing needs in a defined geographical area

• responsible for the traditional role of responding to calls
• encouraged to take ownership of their area and to use proactive strategies to address the needs of their beat residents
• community gets to know and recognize their beat officer

• communities that need community policing most reject it
• most successful in suburban middle-class communities than in inner city areas

substantial increases in police presence in crime hotspots have a deterrent effect

• relying on third parties to help reduce crime and disorder problems
• using police as problem managers

• mobilizes community and conveys accurate and sound information to reduce fear and anxiety
• informs the community of police limitations and what can be realistically expected of them

• police attempt to persuade or coerce non-offending persons to take actions which are outside the scope of their routine activities
• designed to indirectly minimize disorder or prevent crime
• involves recruiting a third party and use of civil remedy

• a regulation which is used to prevent or reduce criminal problems and incivilities
• example: alcohol free zones, youth curfews, gang injunctions, etc.

intentional behaviour in breach of legally prescribed rules without justification and subject to defined penalties

• act or ommision
• criminal intent
• union of act and intent. some types of intent can aggravate an offence (hate crimes)
• punishment specified by law

• insanity
• intoxication
• self-defence
• provocation
• duress and necessity

• complictity
• attempt
• conspiracy

• witness to the state
• gives the state warrant to prosecute

maintaining public order (patrolling, traffic, noise/nuisance incidents)

• social control processes which occur where potential for conflict, deviance or disorder is present
• a specialised body of people given primary formal responsibility for use of legitimate force to maintain order and security

• law enforcement (crime control and reduction)
• order maintenance (social control)
• service (social) - community assistance not necessarily related to law
• administration

• security needs in a convict environment
• military-like/centralised
• poor quality recruits from convict community
• aimed to control/facilitate settlement
• protect government from convicts

• sense of mission about police work
• orientation towards action
• cynical perspective about social environment
• attitude of constant suspicion
• strong code of solidarity

• ongoing problem in history
• found at all levels
• certain areas more vulnerable than others (i.e. drug law enforcement, licensing, etc.)
• not always financial

• loss of public trust and confidence
• fostering of organised crime
• police and public cynicism
• disregard for professional conduct
• impact on visible minority groups
• diminished police performance and overall organisational effectiveness

• to determine guilt or innocence
• if found guilty, to arrive at a sentence

consistent with principles of social justice (best possible outcome for offender) but not with principles social equality (not everyone is treated equally)

• most people plead guilty because they are generally guilty in some way
• guilty pleas can be fostered by plea bargaining

when judiciary and and prosecutor induce the offender to plead guilty in exchange for a reduction in type or number of charges

• Vertical charge bargaining
• horizontal charge bargaining
• fact bargaining
• judicial plea bargaining

pleading guilty to lesser charges

pleading guilty to one or more charges in return for the withdrawal of remaining charges

pleading guilty if certain facts are presented in a more positive light

• plea discounting
• sentencing discount

lenient sentencing on the basis that early guilty plea resulted in cost and time saving

a vehicle for increasing number of guilty pleas based on offender remorse

• undue source of pressure on offender to plead guilty
• due to a tendency to overcharge offenders
• may affect the defendants ability to give consent to such processes
• may provide incentives or pressures to admit offences not in fact committed by the defendant
• generally underminds the right to trial and the presumption of 'innocent until proven guilty'

• expose the inducements and bargains that relate to guilty pleas
• places them under judicial supervision, where the interest of the defendant can receive maximum protection

• lack of aborigines in juries
• less likely to sit because of language barriers and nomadic lifestyle

• ascertains the course of and justification of jury's decision
• prohibited by common law

• Magistrates' courts on circuit in remote aboriginal communities
• caseload of up to 100 per day = time constraint
• less time leads to adverse justice outcomes
• i.e. more guilty pleas

• denunciation and public reprobation
• retribution and 'just deserts'
• incapacitation and community protection
• rehabilitation and reform
• individual and general deterrence
• reparation and restitution

prevention of future offending

damnation

repaying for the crime

restoring something to its original state

sentences should always be commensurate with the gravity of the harm or the harm sought to be prevented, as determined in the light of the objective circumstances of the offence

factors which relieve guilt

factors that increase guilt

• nature of offence
• nature of offender
• effect of offence and penalty
• juveniles
• special considerations

• gravity of offence
• involvement of identifiable victim - number involved, vulnerability due to age, mental, physical disability, etc.
• prevalence of offence - more widespread = larger sentence
• offences involving motivation of hatred or prejudice

• criminal history
• age of offender
• culpability - mental state at time of crime
• cooperation with authorities
• remorse and plea
• dangerousness

• hardships to offender
• hardships to others
• rewards/gains reaped by offender

• young age is a mitigating factor
• non-custodial order is better than detention in promoting the young person's reintegration into the community
• rehabilitation of the young person is greatly assisted by their family and opportunities to engage in educational programmes and employment

• method of committing crime
• degree of participation
• involvement of weapons
• effect of mental disorder
• addictions
• personal crisis

• the accused has engaged in conduct prohibited by criminal law
• possess a mental state prohibited by law

considers rehabilitation rather than retribution

• behaviour-orientated dispositions (supervised and unsupervised release)
• financial penalties
• deprivation of liberty

• probation
• community service order
• attendance centre oder
• supervised bond

• admonition and discharge
• recognisance or good behaviour bond
• dismissal without conviction
• decision to take no further action

• fine
• compensation or restitution

• suspended sentence of imprisonment
• imprisonment
• periodic detention
• community-based custody

• conviction itself may be viewed as sufficient penalty or punishment in its own right
• public disapproval and cautioning offender not to repeat harmful action

when the court reserves the right to hand down a term of incarceration at a later date

• emphasises retribution
• punishment is proportional to crime
• determinant (fixed) sentences
• less judicial and administrative discretion
• end to disparities in sentencing

• prime aim of sentencing as the restoration of liberty to the victim, offender and the community
• i.e. reconciliation between the victim and offender

• impact that laws, practices and procedures can have on psychological wellbeing
• argues for enhancement of individual wellbeing as well as justice principles, such as community protection

abolition of prison early release mechanisms

• sentencing offenders to an indeterminate period of detention
• release date is left to the discretion of the state and is based on whether the offender is no longer a threat to society

suggesting a sentencing scale or appropriate sentence for comparable offences

• involves a two dimensional graph with axes reflecting 'offence seriousness' and 'prior criminal record'
• penalty level selected by referencing the point where the two lines meet

• introducing a therapeutic aspect to the sentencing of offenders
• attacks the root of offending behaviour
• possibility for the community to be involved in the sentencing process

• established to assist in the preparation of guideline judgments through a consultive process that involves community participation
• supposedly promotes public confidence in the justice system

• greater social dislocation for those disadvantaged communities already disproportionately affected and represented in the CJS
• increase of incarceration rate over time
• increase in funding because of longer sentences and additional offenders
• violations of human rights obligations

• as specific and general deterrence
• increase feelings of community safety
• DOES NOT WORK in Australia or internationally

• first criminal codes in history (3500 - 400BC)
• 'eye for an eye'

• religious and secular laws combined
• defined in terms of personal harm and as spiritual, moral and religious terms

• retribution
• repentence
• atonement
• religious salvation

• anamnestic prediction
• actuarial prediction
• cilincal prediction

seriousness and/or circumstances of the offence committed