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 Name of the Student Name of the University Author Note
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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
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. Entrapmentis subjected to two tests namely,objective and subjective entrapment. The Subjective standardusually 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 theObjective 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.
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. ThePEACE Modelof investigative interviewing was developed which uses non- confrontationalandconversationalapproachtoobtaininformationfromaninvestigation 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 phaseis the most essential phase as it includes all the necessaryinformationandrecognizestheessentialissues.Itenablestheinterviewerthe opportunity to review the questions, establish the existing material and determine the aims and objectives of the interview (Snook, Baron and Education 2014). TheEngage and Explain phaseallows 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. TheAccount and Clarification challenge phaseincludes 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 AClosurephaserequirestheinterviewtobestructuredandplannedwherethe interviewer should summarize the account of the interviewee accurately and prepare a witness statement. TheEvaluation phaserequires 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 politicalcontextofvictimization.Thetheoryconsidersthemannerinwhichgenerative mechanismsofpatriarchyandcapitalismssetthematerialconditionsinwhichdistinct 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
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 implementtheProtocolforsuppressing,preventingandpunishingtraffickinginpersons (Humanrights.gov.au. 2018). The term ‘transnational organized crime’ refers to several crimes thattakeplaceinternationally.However,thedistinguishingcharacteristicoftransnational 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 Traffickingprotocol,whichdefineshumantraffickingasthetransportation,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 physicalisolation,etc.Althoughtransnationalorganizedcrimehasbeenidentifiedasa
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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7CRIMINOLOGY AND CRIMINAL JUSTICE 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).WhatisHumanTrafficking?.[online]Availableat: 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.