Criminology and Criminal Justice

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This article discusses various topics related to criminology and criminal justice, including entrapment, investigative interviewing, critical victimology, and human trafficking. It provides an overview of each topic and its relevance in the field. The article also includes references for further reading.
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Running head: CRIMINOLOGY AND CRIMINAL JUSTICE
Criminology and Criminal Justice
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1CRIMINOLOGY AND CRIMINAL JUSTICE
Table of Contents
Answer 1..........................................................................................................................................2
Answer 2..........................................................................................................................................2
Answer 3..........................................................................................................................................4
Answer 4..........................................................................................................................................5
References........................................................................................................................................6
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2CRIMINOLOGY AND CRIMINAL JUSTICE
Answer 1
In the field of criminology, entrapment is a practice where a law enforcement agent
provokes a person to commit a criminal offence which the person would have otherwise, been
unwilling to commit (Marcus 2015). It is used as a defense to criminal charges and is based on
the communication between the defendant and police officers prior to the commission of the
alleged crime. Entrapment emphasizes on the origin of the criminal intention, so, if criminal
intention originates with the law or government enforcement, the defendant is entrapped and can
be used as a defense. If the criminal intention originates with the defendant can be convicted of
the alleged offence.
Entrapment is subjected to two tests namely, objective and subjective entrapment. The
Subjective standard usually emphasizes on the characteristics of the individual/defendant. It
refers to the standard where the defendant uses entrapment as defense and the court will decide
whether the defendant was inclined to the committing of the offense in the absence of pressure
from the law enforcement. If the facts indicate the same, the defendant cannot use the defense of
entrapment (Davies 2010). As per the Objective standard, it emphasizes on the behavior of the
law enforcement instead of the individual characteristic of the defendant. If it is established that
the tactics used by the law enforcement can provoke a law-abiding citizen to commit crime,
which he would otherwise will not be willing to commit, the defendant may use entrapment in
his defense.
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3CRIMINOLOGY AND CRIMINAL JUSTICE
Answer 2
Interviews are conducted at several stages of the investigative process, which varies from
initial police interview of victim, suspect or witness to an in-court interview before the judge, or
any other decision maker.
The PEACE Model of investigative interviewing was developed which uses non-
confrontational and conversational approach to obtain information from an investigation
interview subject. There are five essential phases to the PEACE framework which includes
Planning and preparation (P); Engage and explain (E); Account clarification and challenge (A);
Closure (C) and Evaluation (E).
Planning and Preparation phase is the most essential phase as it includes all the
necessary information and recognizes the essential issues. It enables the interviewer the
opportunity to review the questions, establish the existing material and determine the aims and
objectives of the interview (Snook, Baron and Education 2014).
The Engage and Explain phase allows the interviewer to engage the interviewee and
initiate conversation. It is important to pay proper attention to the interviewee, as it would enable
the interviewer to recognize the topic during the interview, manage the conversation, and
communicate the interest to the interviewee while recognizing essential evidentiary information.
The Account and Clarification challenge phase includes account by listening actively to
obtain non-verbal behavior and encouraging the interviewee to continue reporting their account
until they are finished reporting (Davies 2010). The clarification of the account can be obtained
by breaking their reporting to focus on the subject matter, examining any such information
during the planning phase.
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4CRIMINOLOGY AND CRIMINAL JUSTICE
A Closure phase requires the interview to be structured and planned where the
interviewer should summarize the account of the interviewee accurately and prepare a witness
statement.
The Evaluation phase requires the interviewer to evaluate the account made by the
interviewee with an objective to determine whether any further action is necessary or how the
account of events reported by the interviewee is consistent with the remaining investigation, thus
it demonstrates the performance of the interviewer (Brewer and Williams 2014).
Answer 3
Critical victimologists theory deals with the analysis of the broader social, economic and
political context of victimization. The theory considers the manner in which generative
mechanisms of patriarchy and capitalisms set the material conditions in which distinct
movements of victims have flourished. This theory argues why certain criminal actions are
considered as criminal when there are certain harmful acts such as genocide, war time rape,
crimes related to abuse of power that are usually committed by powerful or wealthy individuals
or nations but such acts are not regarded as crimes (Fattah 2016).
The field of critical victimology emphasizes on the power and its connection with the
reality construction that is, who may be legally defined as a victim. Thus, this theory is based on
conflict theories that concentrate on two essential elements. Firstly, the structural factors like
poverty and patriarchy, which subjects poor and women or the powerless groups, at the greater
risk of victimization. Secondly, power of the state to define or reject the label of victim, which
implies that the state applies the label of victim to some but denies if from others. For instance,
when a police denies pressing charge against husband for assaulting his wife, the wife is denied
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5CRIMINOLOGY AND CRIMINAL JUSTICE
her victim status. Hence, in this victimization hierarchy, the powerless groups are likely to be
subject to victimization and the state often is least likely to acknowledge the same, thus, denying
them any redress against the offence against them.
Answer 4
Human trafficking in persons amounts to a severe offence, which leads to serious
violation of human rights. UN Office on Drugs and Crime [UNODC] acts as the guardian of the
UN Convention against Transnational Organized Crime [UNTOC] assists the state parties to
implement the Protocol for suppressing, preventing and punishing trafficking in persons
(Humanrights.gov.au. 2018). The term ‘transnational organized crime’ refers to several crimes
that take place internationally. However, the distinguishing characteristic of transnational
organized crime is that any such crime must have international link in its commission. However,
due to the lack of judicial meaning, one cannot be charged for committing a transnational crime.
In Australia, human trafficking, drugs, cyber crimes are some of the criminal activities
that is taking place using transnational criminal networks. Australia is a signatory to the
Trafficking protocol, which defines human trafficking as the transportation, recruitment,
harboring, transfer or receipt of persons through the means of threat, coercion, deception, force,
vulnerability or abuse of power. This takes place for exploiting the person through forced labor,
servitude, forced labor, debt bondage, organ removal or other forms of exploitation (Unodc.org.
2018).
It is possible to exercise control over trafficked persons through threat of violence, fear of
physical isolation, etc. Although transnational organized crime has been identified as a
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6CRIMINOLOGY AND CRIMINAL JUSTICE
phenomenon that has drawn the attention of the international community but due to lack of
necessary legislation and delays in diplomatic channels may hinder its effective implementation.
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References
Brewer, N. and Williams, K. (2014). Psychology and Law : An Empirical Perspective. New
York: Guilford Publications.
Davies, S. (2010). Policing in Context: An Introduction to Police Work in Australia. Australia
and New Zealand, Melbourne: Oxford University Press.
Fattah, E.A. ed., 2016. Towards a critical victimology. Springer.
Humanrights.gov.au. (2018). Australian Human Rights Commission |. [online] Available at:
http://www.humanrights.gov.au [Accessed 12 Apr. 2018].
Marcus, P., 2015. The entrapment defense. LexisNexis.
Snook, B., Baron, T. and Education, D., 2014. Investigative Interviewing-PEACE Model 01--
Peace Engage.
Unodc.org. (2018). What is Human Trafficking?. [online] Available at:
https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html [Accessed
12 Apr. 2018].
Walsh, D. and Bull, R., 2015. Interviewing suspects: Examining the association between skills,
questioning, evidence disclosure, and interview outcomes. Psychology, crime & law, 21(7),
pp.661-680.
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