NCJ Number
54751
Journal
Australian and New Zealand Journal of Criminology Volume: 11 Issue: 4 Dated: (DECEMBER 1978) Pages: 195-208
Date Published
1978
Length
14 pages
Annotation
SUGGESTIONS ARE OFFERED IN THE AREAS OF THE LEGISLATURE, COURTS AND POLICE, AND COURTS AND CORRECTIONS FOR DEVELOPING A SYSTEMS APPROACH TO CRIMINAL JUSTICE IN AUSTRALIA.
Abstract
DEFINING 'SYSTEM' AS 'AN ORGANIZED, PURPOSEFUL, AND CONSIDERED SET OF PRINCIPLES OF PROCEDURE,' AUSTRALIAN CRIMINAL JUSTICE PROCEDURES ARE NOT REFLECTIVE OF A SYSTEMS APPROACH. THE COMPONENTS--POLICE, COURTS, AND CORRECTIONS--OPERATE IN ISOLATION FROM EACH OTHER AND HAVE VERY LITTLE KNOWLEDGE OF EACH OTHER'S TASKS AND PROBLEMS. THE AUSTRALIAN CRIMINAL JUSTICE SYSTEM WOULD BENEFIT FROM AN APPLICATION OF THE SYSTEMS APPROACH, WHICH WOULD ANALYZE THE COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM IN RELATION TO EACH OTHER AND AS A TOTAL CONCEPT. CRIMINAL LEGISLATION SHOULD NOT BE DEVELOPED WITHOUT CONSIDERING ITS IMPACT ON LAW ENFORCEMENT, COURTS, AND CORRECTIONS. TWO AUSTRALIAN EXAMPLES OF CHANGES IN SUBSTANTIVE LAW AND PROCEDURAL LAW WHICH PRESENTED UNFORESEEN DIFFICULTIES FOR OTHER COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM ARE DISCUSSED. THERE IS NO MECHANISM FOR MONITORING CHANGES IN DIRECTION AND POLICY IN THE TOTAL CRIMINAL JUSTICE SYSTEM EFFECTED BY NEW LEGISLATION. A SYSTEMS APPROACH WOULD PROVIDE FOR SUCH A MECHANISM. A SYSTEMS APPROACH WOULD ALSO SUGGEST THAT THERE ARE SOME CRITICAL AREAS IN WHICH COMMUNICATIONS BETWEEN THE POLICE AND COURTS NEED IMPROVING. PLEA BARGAINING AND THE CONTROL OF THE COURTS OVER POLICE BEHAVIOR IN INVESTIGATING CRIME AND PRESENTING EVIDENCE ARE TWO SUCH CRITICAL AREAS. RELATIONSHIPS BETWEEN POLICE, PROSECUTOR, AND COURT IN DETERMINING PLEA NEGOTIATIONS SHOULD BE MORE CLEARLY DEFINED. THE CODIFICATION OF THE WHOLE SET OF PRINCIPLES AND PROCEDURES GOVERNING CRIMINAL INVESTIGATION WOULD ENHANCE BETTER COMMUNICATION AND COORDINATION BETWEEN THE POLICE AND THE COURTS. COMMUNICATION BETWEEN COURTS AND CORRECTIONS COMPONENTS NEEDS TO OCCUR IN THE AREA OF PRISONER RIGHTS AND GRIEVANCES. THE 'HANDS OFF' POLICY OF AUSTRALIAN COURTS IN REGARD TO DEALING WITH PRISONERS' RIGHTS MAINTAINS THE ISOLATION OF CORRECTIONS FROM OTHER COMPONENTS AND REDUCES ACCOUNTABILITY. HUMAN RIGHTS LEGISLATION, TO BE INTERPRETED BY THE COURTS TO CORRECTIONS, IS NEEDED. A CRIMINAL JUSTICE PLANNING APPROACH THAT INCLUDES A COOPERATIVE EFFORT INVOLVING BOTH A NATIONAL AND STATE BODIES IS NEEDED IN ORDER TO COORDINATE A LONG-RANGE SYSTEMS APPROACH TO CRIMINAL JUSTICE IN AUSTRALIA. (RCB) BODIES IS NEEDED IN ORDER TO COORDINATE A LONG-RANGE SYSTEMS APPROACH TO CRIMINAL JUSTICE IN AUSTRALIA. (RCB)