Criminology Essay: State, Federal Agencies and Potential Reforms

This essay provides a comprehensive overview of Australian criminology, examining the division of power between federal and state agencies. It delves into the Australian Constitution, specifically focusing on Section 51, which outlines the powers of the Parliament, and Section 109, which addresses inconsistencies between federal and state laws. The essay also analyzes the overlap between state and federal agencies, highlighting inefficiencies and concerns related to this overlap. Furthermore, it explores potential reforms within the criminal justice system, including the roles of police officers, the use of imprisonment, and the application of community corrections. The essay concludes by discussing the significance of these legal frameworks in maintaining law and order within Australia.

Criminology Essay

INTRODUCTION.........................................................................................................................4
MAIN BODY..................................................................................................................................4
A brief outline of the division of the state and federal................................................................4
Potentialreform............................................................................................................................7
REFRENCES.................................................................................................................................9

INTRODUCTION
Criminology is the study of crime and various aspects related to it. Under this various
types of crimes is being covered and explained. Also concrete laws formed in order to reduce
crime is also studied under this only. It deals with criminal laws of a country that gives power to
all law officials for taking action against crime. Criminology covers various kinds of aspects that
are related to crime and victim. Both these are studied combined under the subject of penology.
Scope of criminology is wider in terms as it makes various aspects of criminal law to be covered
within it. Nature is also very dynamic as it covers lot of factors regarding occurrence of crime
within a society. Things that has to be covered in this essay are is Section 51 of constitution,
overlapping of federal and state agencies. Also section 109 of the constitution is going to be dealt
with. In the end potential reform.
MAIN BODY
A brief outline of the division of the state and federal
The constitution of Australia are considered to be those kind of rules and
regulation that has to be followed by all the persons living within the country. These set of
concrete framework is responsible for governing of Australia. People of the country has chosen
this constitution to balance law and order. Under this constitution various aspects has been
covered which are related to different laws that is existing within a country like Australia. It also
explain about functioning of parliament in Australia with the powers define to them (Copes and
Ragland, 2016).
As per section 51 constitution of Australia various powers has been given to parliament
of Australia that has been subjected to constitution. Also there are six colonies that has joined
together to form a Federation in 1901. There are 39 subsections that are related to section 51 that
has been there for describing of “head of power” that has given the parliament of powers to make
laws. Commonwealth legislative power is being limited over granting the constitution. The
matters that is being covered within the section 51 that has been legislated through states. Also
both central and state has been given with lot of powers to deal with crime.
Both state and centre is being given power according to the constitution under this section
51 to make laws in order to deal with any kind of criminal or non-criminal offence to mark out

the efficiency and protect the citizens. So, in order to make the laws fully implementation of
criminal law agencies has been hire by state that is police force and centre is going to use border
force.
Overlap in state crimes and state agencies
Doctrine of separation of power has divided the power into three bodies in order to make them
deal with various aspects of criminal laws. These bodies are legislative that has been given
power to form laws and executives are being given power to execute these laws. Then comes
judiciary that has been given power to make sure that all rights are being protected and laws are
being followed in proper manner within society. It is also bind judiciary to enhance judicial
process. As per this doctrine the agencies that has been selected for the purpose to perform or
stop any kind of criminal activity is never going to overlap upon the procedures even when joint
operations is being performed by them. It is because of this doctrine that these bodies of
government are not allowed to interfere within each other process. This doctrine has been
brought into existence to make the powers being separated within the legislative, executive and
judiciary.The legislature makes the laws; the executive put the laws into operation; and the
judiciary interprets the laws (Churchill, 2017).
The doctrine of the separation of powers is often assumed to be one of the cornerstones of
fair government. A strict separation of powers is not always evident in Australia;[1] instead the
Australian version of separation of powers combines the basic democratic concepts embedded in
the Westminster system, the doctrine of "responsible government" and the United States version
of the separation of powers. The issue of separation of powers in Australia has been a
contentious one and continues to raise questions about where power lies in the Australian
political system. Although it is assumed that all the branches under the separation of powers do
not overlap - as in the US, for example - there is sometimes a 'common ground' between all three
levels. In Australia there is little separation between the executive and the legislature, with the
executive required to be drawn from, and maintain the confidence of, the legislature.
So, this doctrine is very helpful in making these agencies work as per the requirement of
the situation. Also it reduces interference of the two within the working procedure of each other.
In a manner that Australian border forces performs there functions mostly at border and police
performers there functions within the states. This has been precisely explained within the
constitution.

Examples of inefficiencies and concerns raised by such overlap
In today’s world crime is rising at very faster rate and has been disturbing the peace of
society. Current scenario in Australia street crime has been happening more it includes robbery,
rape and murder. Letha crime has also been increasing upon day to day basis in Australia.
Various agencies has been working in Australia for help in identifying the root cause. They
found that poverty is the main cause. As the time passed reasons for doing crime changed but the
root cause is still the same. In order to deal with crimes taking place within the state police has
been formed by the government and to handle border issues Border security force has been made
in Australia.
Crime in Australia is being managed by various bodies and authorities of both federal and
state based police forces. As per the federal and state based criminal justice is being followed
with correctional services. Department of home affairs is being held responsibility over making
law related to crime applicable inn federal form. National security like cyber security, transport
security, criminal justice, emergency management, multicultural affairs, immigration and border-
related functions. Various agencies like Australian Federal Police, Australian Border Force and
Australian Security of intelligent organization come under this. All of them is being handled by
Australian Criminal Intelligence Commission. Crime statistics that is being collected on state
basis has been analyzed by Australian Bureau of statistics (Brown and Carrabine, 2017).
The criminal justice system is that kind of system of law which is there for providing of laws and
regulations that has been impacting all the elements of society. This is determining of event
which has been injury or an offence to all the members of community and society. Criminal
offenders are to be punished by the laws that has been defined under the code of law.
These kinds of crime are being controlled through community services. Criminal
offenders is punished through law fines, imprisonment and community services. In Australia
there are nine legal system which are comprising of eight state and territories with one federal
system. Most of the administration of courts, legal professionals and legislations which is present
in both state and territories.
`Under the constitution of Australia commonwealth of Australia has been given power to
make laws on certain matters they are specific in nature of constitution. Both state and territories
that are having legislative power for all the matters which are not being specifically given to

commonwealth. Out of all criminal laws in Australia has been there with the state territory that is
being governed upon day to day basis in order to protect rights of persons.
Various inefficiency is required to be faced by the agencies in performing there duty with
full efficiency these inefficiencies are political pressure, influence of corruption and various
other kinds of inefficiency makes the process of justice in criminal case interrupted. Police
agencies working at state level gets impacted most of the time due to such inconsistency. Border
forces work as per the requirement of the condition .
Operation of S. 109 of the Constitution where it is intended that law would "cover
the field”
Section 109 of the Constitution of Australia: It is there in order to deal with the inconsistency
that is to be caused between federal and state laws. This has been used for declaring valid to
federal laws and make inconsistency over the state laws. Also section 109 is like an analogue
kind of a clause that is related to supremacy in the Australian constitution. Also this section was
formed to make both federal and state law work with efficacy. Section 109 with section 5 of
Commonwealth of Australia act 1900 and is now not the part of judicial review power in
Australia. Under this section things that has been provided is that:
This act and laws that are being made by Parliament of Commonwealth according to the
Constitution. It has to be binding upon the courts, judges and people of every state that is being
covered within the commonwealth. “Invalidity of state law” this phrase does not mean that a
particular state has become invalid. It simplify means that lack of making amendment power is
there within them. Also this has given state power to enact laws by following proper valid
procedure. Such section has been taken affect only when the state yields to the law of
commonwealth and remains valid over the law of parliament that has been passed by it.
Significance of such law is going to be tested upon its applicability over the society and if
someone violates it. Also the law passed by the state is going to be influenced by the central or
constitution. Only after the establishment of Australian Constitution was recognized for passing
of sate after common wealth (Braga and Apel, 2016).
This section was formed at the time when there was common wealth law into existence. It is
stills the base for many laws but now enhancement has been made within the laws and various
amendment.
Potential reform
Police officers these are the personals that has been given over the exercising the full
statutory powers that has been given to them by the law. These are being given an certified
uniform or civil clothes depending upon situation. Non-commissioned police officers are all

police with the rank of station sergeant or below and plain clothes police (detectives). They
enforce the law and maintain public order by discouraging offences, investigating offences and
dealing with offenders.
Punishment in Australia arises when an individual has been convicted of breaking the
law through the Australian criminal justice system. Australia uses prisons, as well as community
corrections (various non-custodial punishments such as parole, probation, community
service etc). The death penalty has been abolished, and corporal punishment is no longer
used. Prison labour occurs in Australia, prisoners are involved in many types of work with some
paid as little as $0.82 per hour.
Before the colonization of Australia by Europeans, Indigenous Australians had their own
traditional punishments, some of which are still practiced. Prisons in Australia are operated by
state-based correctional services departments, for the detention of minimum, medium, maximum
and super security prisoners convicted in state and federal courts, as well as prisoners on remand.
In the June quarter of 2018, there were 42,855 people imprisoned in Australia, which represents
an incarceration rate of 222 prisoners per 100,000 adult population., or 172 per 100,000 total
population.[7] This represents a sharp increase from previous decades. In 2016-2017 the prison
population was not representative of the Australian population, for example, 91% of prisoners
were male,[9] while males were only half of the population, and 27% of prisoners were
Aboriginal or Torres Strait Islanders,[9] while indigenous people were only 2.8% of the
population. In 2018, 18.4% of prisoners in Australia were held in private prisons.
In the 2016-17 financial year, Australia spent $3.1 billion on prisons and $0.5 billion on
community corrections.[11]
Australia also detains non-citizens in a separate system of immigration detention centres,
operated by the federal Department of Home Affairs, pending their deportation and to prevent
them from entering the Australian community. Controversially this includes the detention
of asylum seekers, including children, while their claims to be refugees are determined. The
purpose of immigration detention is not punishment and a non-citizen can lawfully be detained
indefinitely without charge or trial. It has been stated the different purposes make little practical
difference between immigration detention and imprisonment, and that detainees often experience
immigration detention as if it were punishment Barnes(Belknap, 2016).
Legal reform can be the driver for all other reforms, including reform of the economy. A true
market economy cannot be created without ensuring both full guarantees of private property and

transparent predictability for entrepreneurial activity, on the one hand; and sufficiently
reasonable legal control over economic processes, on the other hand. Legal reform should be an
integral part of any on-going reform process. Legal reform is a tool for implementing necessary
reforms, to balance competing interests, create a dynamic and sustainable economy, and build a
sustainable civil society. During last decades the judiciary became active in economic issues
related with economic rights established by constitution because "economics may provide insight
into questions that bear on the proper legal interpretation". Since many a country with a
transitional political and economic system continues treating its constitution as an abstract legal
document disengaged from the economic policy of the state, practice of judicial review of
economic acts of executive and legislative branches became to grow.
The budget of the judiciary in many transitional and developing countries is completely
controlled by the executive. The latter undermines the separation of powers, as it creates a
critical financial dependence of the judiciary. The proper national wealth distribution including
the government spending on the judiciary is subject of the constitutional economics. It is
important to distinguish between the two methods of corruption of the judiciary:
the state (through budget planning and various privileges).
CONCLUSION
This essay is based upon the concept of criminology that explains about the crimes and
study over the concept of criminal law. Also in this study prisoners study us also being covered
about victims in it. Further in this file section 51 of Constitution of Australia is being covered
with agencies of both central and sate. These agencies is also being given power according to the
doctrine of separation of power. Also in this file criminal law of Australia is being explained.
Then in the concept of section 109 and reforms made for the prisoner is being explained.

REFRENCES
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