The NSW Police Force (NSWPF) are expected to comply with the ideals and expectations outlined in legislation and policy documents. These documents provide ethical, moral and legal principles to shape the decision-making process of police in the execution of their duty. This essay will discuss the failures of police to comply with these principles in dealing with potential juvenile offenders in the scenario. It will do this by examining their actions with reference to NSW legislation and relevant police force policy documents, discretionary powers and their application in the scenario, and communication techniques which could have had a more positive impact while complying with the directives of the NSWPF.
Firstly, in the scenario the police
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The officers failed to consider the broader context and potential ramifications of their actions. It could be argued that alternatives, such as engaging with the youths, building a rapport and educating them, as well as treating them with respect and fairness, rather than escalating the situation and disparaging the character of the youths, could allow officers to not only comply with policy and legislation, but also more effectively police their community by building positive relationships, channels of communication, and reduction of future crime (Chan, Bargen, Luke and Clancey 1997). However, these alternatives require the appropriate use of discretion which the officers failed to …show more content…
(1997). Regulating police discretion: An assessment of the impact of the NSW Young Offenders Act 1997. Criminal Law Journal, 28(2), pp.72-92. Retrieved from Westlaw.
Code Of Conduct And Ethics (n.d.). Retrieved from https://www.police.nsw.gov.au/__data/assets/pdf_file/0004/508315/COCE_113782_01_Dec_14.pdf.
Cunneen, C., White, R., & Richards, K. (2013). Juvenile justice: youth and crime in australia. Retrieved from EBook Central.
NSW Police Force Youth Strategy 2013-2017 (2016). Retrieved from http://www.police.nsw.gov.au/__data/assets/pdf_file/0007/277054/NSWPF_Youth_Strategy_2013-2017.pdf.
NSW Police Force 2014-2018 Alcohol Strategy (2015). Retrieved from https://www.police.nsw.gov.au/__data/assets/pdf_file/0009/533781/Alcohol_Plan_14-18_FINAL-_WEB_9_Oct_15_Unclassified.pdf
Standards Of Professional Conduct (n.d.). Retrieved from https://www.police.nsw.gov.au/__data/assets/pdf_file/0003/508305/10_Professional_Conduct_ Booklet_117145_14Jul17.pdf.
Youth Policy Statement (n.d.). Retrieved from https://www.police.nsw.gov.au/about_us/policies_procedures_and_legislation/policies_and_procedures_old/youth_policy_statement. Legislation
Attorney-General (NSW) v Perpetual Trustee Company (Ltd) 1955 92 CLR 130
Crimes Act 1900 (NSW).
Law Enforcement (Powers And Responsibilities) Act 2002
Mohammad Haneef & Erosion of Civil Liberties Weland La ‘Australia’s laws are severely eroding civil liberties.’ Discuss this statement in light of the Haneef Case and one other issue (such as the right to silence, privacy, etc.), commenting on the extent to which the law balances the rights of the individual with the needs for community safety. In correlation with the Haneef Case, Australia’s laws are severely eroding civil liberties as demonstrated by NSW’s introduction of the Evidence Amendment (Evidence of Silence) Act 2013.
Evaluate the effectiveness of the various elements of the Australian Legal System in achieving justice for victims, offenders and society. In your response you will need to assess the effectiveness of the different elements of the Australian criminal justice system. Justice is defined as exerting fairness and impartiality during a trial. In the Australian Legal System, young offenders are shown substantial levels of justice. They are identified as not entirely understanding the ramifications of their actions, and are therefore subject to lower levels of criminal responsibility.
People have always considered children kind, generous, caring, and playful, but never crminal offenders. The Youth Criminal Justice Act (YCJA), as Canadians know today, as we know it today, was only sometimes the YCJA. It all started as the Jjuvenile Ddelinquent Aact (1908-1984), which then evolved into the Yyoung Ooffender's Aact (1984-2003) and finally evolved into the YCJAyouth criminal justice act (2003-present). The YCJAS's prmary goal is to protect the community by holding Canadian youth accountable, rehabilitating and reintegrating youths back into society, and preventing crime amongst youth. However, is the YCJA effectively dealing with youth crime in Canada?
Youth crime is one of the most prevalent, ongoing issues within Canadian society. Beginning predominantly in the 1960s with the baby boomers and reaching dangerous levels with the crime spike leading into the 21st century, adolescent crime has become a topic of strong interest. Over time, multiple methods have been implemented to eliminate these young offenders. Although large strides have been made in reducing the amount of crime among Canadian minors, the nation is still burdened by this serious matter. In 2014, Allen and Superle (2016) found that 13% of all people accused of crime were Canadian youth.
Another study, conducted in austional, where the juvenile conviction rate was very high, demonstrated how supervision skills work within youth probation programs. The view that this research proposed is the “Good Lives Model” (Ward, 2010); This model focuses on client strengths, on enhancing their opportunities to achieve the goals of a good life (such as employment and social relationships), and on developing holistic plans for change. This model is critical of the focus that the RNR model has on risk factors, and instead it emphasizes the importance of therapeutic alliance and of enhancing opportunities for offenders to achieve the goals associated with a good life (Trotter& Evans, 2009). By focusing on their goals and strengths and how they act in social settings, the Good Lives Model allows officers to help their clients have better chances of preventing recidivism. For these reasons, I believe this is a great
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
Lawmakers and criminal justice personnel are meant to be guarded against discriminatory laws, policies and practices and to guarantee equal and effective protection of the law to everyone. However, the sad reality is that discrimination does exist in our criminal justice system. This paper emphasises to show how certain groups in society such as the aboriginals or indigenous people have been discriminated against in some form or another by the police or by the criminal justice system itself. Racism and discrimination for Aboriginal people is a very real existence.
Ethics and the Evolution of Police Policing in this present day is defined as an individual or group of individual who prevent and detect crime within a community. Policing compares in many ways. They all attempt to provide services, keep the peace and reduce crime. Policing has evolved into something much more than what it used to be. Within this essay are the many different perspectives and how ethics were learned.
Assignment #1 Review questions Chap. 1 p. 26: 1. A single standard of ethics cannot be applied to all criminal justice agencies. The world is too complex to legislate morality and ethics. The cultures that make up each part of the world are not the same.
They are therefore well placed to identify children known to relevant organisations as being most at risk of offending and to undertake work to prevent them offending. YOTs should have a lead officer responsible for ensuring safeguarding is at the forefront of their business. Under section 38 of the Crime and Disorder Act 1998, local authorities must, within the delivery of youth justice services, ensure the †̃provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officersâ€TM.
Officers live and work in a constantly changing and dynamically social context in which they are exposed to a large amount of ethical conflict. When either unprepared or unaware officers are more likely to go with the flow then they would be if they were adequately prepared to face potential ethical risk. For unethical acts to occur three distinct elements of police corruption must be present; misuse of authority, misuse of official capacity and misuse of personal
A grasp of the current conflict surrounding the responsibility and direction of the juvenile justice system becomes more obtainable when one takes into consideration how the system has progressed since its inception. The juvenile justice system was created in the late 1800s to reform U.S. policies regarding youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, a shift from the United States original intent. In the late 1980s, juvenile crime, especially violent crime, began to increase dramatically (Snyder and Sickmund 1999; McCord et al. 2001;
Many police agencies today have established a code of ethics, or codes of conduct, and it easy to find parallels between Peel’s principles and present policies and
It is easy to learn about a subject from a book, but it is an entirely different matter to learn about a subject through real life experience. I hope to learn how to serve and protect while implementing the law correctly, especially in today’s world when the level of support for police officers is very low and the level of misconduct cases concerning the police are very high. It is not easy to know what to do in every situation, especially when some reactions are needed with very little or no time to think about. It is one thing to hear about a crime happening and the response that would be best to give, and another thing to need
If we look at the different criminal justice systems around the world, most countries have laws or regulations stating the “age of criminal responsibility” (Maher. G). However, there has been no clear international standard identified regarding the age at which criminal responsibility could be reasonably charged for a juvenile offender. The Convention on the Rights of Children (CRC) appeals parties to establish ‘a minimum age below which children shall be