Advanced Criminology: An Analysis of Australia's Justice System

This report provides an in-depth analysis of the Australian criminal justice system. It begins by defining criminology and outlining the key components of the system, including law enforcement, courts, and corrections. The report then delves into a comparative analysis of the strengths and weaknesses of each component, examining aspects such as law enforcement authority, court procedures, and the effectiveness of correction programs. The strengths of the system include the protection of individual rights, the provision of equal justice, and the ability of courts to adapt to changing circumstances. Weaknesses include limitations on law enforcement authority, time-consuming court procedures, and potential drawbacks of community correction programs. The report concludes with recommendations for improvement, emphasizing the need for government policies to empower law enforcement agencies, strengthen the legal framework, and tailor correction programs to individual offenders' needs and backgrounds. The overall aim is to improve the efficiency and fairness of the criminal justice system.

Advanced Topics in
Criminology

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Strengths and Weaknesses of the Criminal Justice System.........................................................1
RECOMMENDATIONS.................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Criminology refers to the study area of social study in which the focus is on the study of
criminal justice system of the nation (Flynn, Naylor and Fernandez Arias, 2016). In Australia,
the case related to crime is handle by various parties such as Federal and State base polices, local
councils, state based correctional agencies and Judiciary system of Australia. They all are the
part of Australian Federal And State Based Criminal Justice System.
This assignment will highlight the criminal justice system in Australia and do comparison
between strengths and weaknesses of components of Criminal Justice System. Along with this, it
will also give recommendations on improvement of criminal justice system.
MAIN BODY
Strengths and Weaknesses of the Criminal Justice System
Meaning of Criminal Justice System
Criminal justice system refers to the system in which government, their agencies, various
institutions and processes are involved in order to deliver of justice to those unlawful people who
have committed crime in the form of punishment (Little, Stewart and Ryan, 2018). Their motive
are to control and minimize the crime as well as impose penalties for avoidance of laws.
Components of Criminal Justice System
This System is a system where there are various sub-system and they can considered as
the strong components of any criminal justice system. There are three important aspects of
system which are as follows -
Law Enforcement – It involves politics, law & order and media representations. Law
enforcement refers to the part of the system in which some specific group of people enforce the
law imposed by Australian Government by conduct some specific act in systematic order. They
do punishing all those people who violate the rules, regulations, norms and laws governing that
society. This is typically done by Police or any another enforcement law organization. These
organizations are generally handle by agency which comes under the government authorities.
They seems to be understood as the front lines of criminal justice system in Australia where
Polices have the primary responsibility to enforce the criminal law (Bosworth, Parmar and
Vázquez, 2018).
The Courts – This component of criminal justice system has a whole system which is known as
Judiciary system. This system generally analysis, interprets and applies related law on criminals
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on the basis of the criminal case, in which they are involved. The court is known as a public
institution who have the authority to judge & determine the disputes between parties and
accordingly settle the criminal matter as per the rules which is being enforce by the legislations.
Courts are considered to the first place where people seeks for the resolutions of disputes without
being violence (Cunneen, Goldson and Russell, 2016).
In case of Criminal matters, there are following courts in Judiciary system which are as follows -
 High Court
 Supreme Court
 District Courts
 Local Courts
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 Criminal Appeal
Corrections – It can be known as Restorative Justice and Rehabilitation. Corrections can be
define as the function of polices or government agencies. These functions involves giving
punishment and supervise of all those persons who are involved in committing crimes. It
includes imprisonment, probation and parole. The most common correction is imprisonment.
Moreover it is a kind of approach in which there is a repair of the harm which is occur due to
crime. Imprisonment refers to the act of putting criminals into prison where there is restraint on
their liberty. Probation can be define as the period of supervisor where they have to supervise
criminals. Parole is the early release of criminals on the basis of their agreement to follow some
conditions (Wooldridge, Zacarias and Leal, 2016).
Comparison of Strengths and Weaknesses of Criminal Justice System
Aspects of Criminal Justice
System
Strengths Weaknesses
Law Enforcement It ensures that criminal law
must be follow by citizens so
that country can be safe from
the point of view of locals as
well as foreigner too.
One of the benefit or strength
of this is that it ensures that
individual does not get
overwhelmed by the power
which lead to maintenance of
legal as well as social
framework in the nation which
is beneficial for the safety and
security of life.
The greatest protection which
is provided or offered to an
It has limited authority, also
one of the weakness is that it
has minimum control over law
means law cannot be changed.
In some areas of Australia
criminal justice system
sometimes feel. Also law
enforcement holds the burden
of finding evidence. For
example police does not hold
the authority to search for
person's property or person
without showing the evidence
in order to do so (Flynn,
Naylor and Fernandez Arias,
2016).
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individual is people. If any
serious crime happens than
jury has to reach at the result
by mutual understanding, thus
ensuring not doing injustice to
anyone. The constitution,
federal law and various other
states set rules for proceedings
and prosecutions of court but
in spite of all this ultimately
the person should be sentenced
(Henry, Powell and Flynn,
2015). This lead to deliver of
justice to all those people who
gets harm due to crime. Like
this, they help people to make
believe that their country's
criminal justice system is fair
and transparent.
The Court The main strength of criminal
justice system of this particular
i.e.- aspect of court is that in
such scenario similar cases are
treated in the same manner in
which earlier cases has been
held. It provides protection and
guidance to judges for looking
at the previous cases and
taking the decision
accordingly. However it
One weakness of this is that
while looking for precedents
finding it might be a difficult
thing. The findings which is
obtained might be difficult to
be used to make changes in
law, also this process is quite
time consuming. Also it might
be difficult to make the
decision as per the precedents
findings because decision has
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become difficult for the
persons to look at the common
law. This lead to give proper
and equal justice to all the
people who are same in the
eyes of the law. Due to court
systems, every people enjoy
the same rights as it doesn't
matter that which background
or colour or religion, they
belong.
Court can make changes in the
law quickly. It can make quick
decision and can make the
changes to solve the dispute
accordingly.
Court can develop areas of law
means it can make law as per
the new case might new
situation or problem arise
which is related to particular
topic (Baldry, Carlton and
Cunneen, 2015).
been taken from many of the
judges.
But making changes in court
made law can be quite a slow
procedure. Means court can
make changes in law by court
when the case is present in
front of them. But it might be a
lengthy process when changes
has to be made focusing on a
particular area. It mainly
depends upon litigant means
the person who take the case to
the court (Mercat-Bruns,
Oppenheimer and Sartorius,
2018).
Corrections One of the strength of
community correction is cost
issue. While comparison with
prison and jails various
community correction
The advantage of such
programme which is keeping
offenders in a good
environment which helps them
or provide them change to
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programme cost less. Also this
correction programmes
provides support to the
offenders by allowing them to
live in the community and
financially support themselves
as well as their families.
The programme is quite
flexible. The punishments is
limited to freedoms of
convicted offenders.
It helps offenders to live in a
way safe environment in
comparison to jails and
prisons. Such type of
programme is beneficial for
those who needs an medical
attention such as physically
disabled persons, elderly
offenders. Some might be
mentally or physically ill
people (Roach Anleu,
Bergman Blix and Mack,
2015).
avoid incarceration but the
disadvantage of such
programme is that such type of
programme can result in
overcrowding of offenders
who needs to be get punished
seriously.
The court or judges may
decide for particular person to
go to correction programme
rather than putting them to
prison for strict actions.
It might be possible in such
cases that when such offenders
are released they may not find
appropriate job for them and
may suffer or face difficulties
such as chronic
unemployment, substance
abuse, social maladjustment
and homelessness. Also in
such cases it happens that
criminal justice system take
continuous involvement in the
life of parolee's (Bycroft, Dear
and Drake, 2019).
RECOMMENDATIONS
Following points can be recommend in order to mitigate the weaknesses of the overall
criminal justice system. These points are such as -
Government should make a policy which is related to the authorities given to the law
enforcement agencies. They should give power to the enforcement agencies so that they can do
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their responsibilities and duties properly without any restrictions or problems. Another thing will
be happen if government make it as policy. So many criminal cases can be solve immediately
because there are so many cases which is pending due to lack of evidences. If agencies will have
full authority, it will help them to collect as much as evidence to solve the case fast and properly.
Government should make country's legal framework strong and for that they should build
such a system in which they can easily communicate the change in laws which is made by courts
to the public and criminals in order to make that changes enforced immediately. This would lead
to strong enforcement of the new law which will result in improvement in the changing process
of law. Along with this, for the immediately implementation of the new law by court,
Government should ensure that the person who are not following the new law should get
warnings or pay penalty so that Citizens can be aware.
Another recommendation, government should focus on that they should prepare the
correction program policies in the way so that every criminals' background, mental health and
lifestyle should be check properly and than make decisions regarding which program is good for
the particular criminals.
CONCLUSION
From the above study, it has been summarized that Criminal Justice system is an
important part of every nation. They play an important role in managing crimes which is
occurring due to many reasons and factors. In every country's criminal justice system, three
aspects will be considered very important for the handling and resolving criminal cases. These
three aspects are as follows – Law Enforcement, Courts and Corrections. Every aspects has their
own strengths and weaknesses which is being set off by another aspects. This is what make
criminal justice system strong. Government should focus on the weaknesses of every aspects of
justice system so that they can take immediately actions in order to improve that aspects and be
helpful in stopping crimes effectively.
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REFERENCES
Books and Journals
Baldry, E., Carlton, B. and Cunneen, C., 2015. Abolitionism and the paradox of penal reform in
Australia: Indigenous women, colonial patriarchy, and co-option. Social Justice. 41(3
(137), pp.168-189.
Bosworth, M., Parmar, A. and Vázquez, Y. eds., 2018. Race, criminal justice, and migration
control: Enforcing the boundaries of belonging. Oxford University Press.
Bycroft, D., Dear, G.E. and Drake, D., 2019. Psychological reports for sentencing juveniles in
Australian courts. Psychiatry, Psychology and Law. pp.1-20.
Cunneen, C., Goldson, B. and Russell, S., 2016. Juvenile justice, young people and human rights
in Australia. Current Issues in Criminal Justice. 28(2). pp.173-189.
Flynn, C., Naylor, B. and Fernandez Arias, P., 2016. Responding to the needs of children of
parents arrested in Victoria, Australia. The role of the adult criminal justice
system. Australian & New Zealand Journal of Criminology. 49(3). pp.351-369.
Henry, N., Powell, A. and Flynn, A. eds., 2015. Rape justice: Beyond the criminal law. Springer.
Little, S., Stewart, A. and Ryan, N., 2018. Restorative Justice Conferencing: Not a Panacea for
the Overrepresentation of Australia’s Indigenous Youth in the Criminal Justice
System. International journal of offender therapy and comparative
criminology. 62(13). pp.4067-4090.
Mercat-Bruns, M., Oppenheimer, D.B. and Sartorius, C., 2018. Enforcement and Effectiveness
of Antidiscrimination Law: Global Commonalities and Practices. In Comparative
Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law. (pp. 3-
13). Springer, Cham.
Roach Anleu, S., Bergman Blix, S. and Mack, K., 2015. Researching emotion in courts and the
judiciary: A tale of two projects. Emotion Review. 7(2). pp.145-150.
Wooldridge, M., Zacarias, K. and Leal, N., 2016, September. Community perceptions of speed
enforcement tolerances in Queensland. In Australasian Road Safety Conference,
2016, Canberra, ACT, Australia.
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