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Commonsense law involves a person’s opinion on law and order and crime issues, thee opinions are “built, layer upon layer, through constant repetition by popular and authoritative sources”…. (Hogg, Brown 1998, p. 18). Two of these ‘commonsense elements’, ‘soaring crime rates’ and ‘we need tougher penalties’, can be compared to a newspaper article written by Rita Panahi in the Herald Sun on the 12th of April 2017, titled, ‘Tougher Approach is Long Overdue’.
The first commonsense elements of law and order thinking identified by Hogg and Brown that I’ll be looking at is ‘soaring crime rates’. This refers to the depiction of crime that the media repeatedly illustrate. Whether it’s being over-reliant on untrustworthy statistics provided by the
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This element is centred around an advertisement in the Courier-Mail that read “Queensland Law Is Now Tougher On Criminals”. In this advertisement, there were two tables, one indicating increases in maximum penalties for 23 nominated crimes, and the second one set out penalties for a range of “new charges and laws introduced for ‘New Age’ crimes”… (Hogg, Brown 1998, p. 38). Hogg and Brown state that “the call for ‘tougher penalties’ is a perennial theme of law and order debate”…(Hogg, Brown 1998, p. 38). According to Hogg and Brown, there are numerous sub-themes including the re-introduction of capital punishment, complaints about the leniency of prison sentences, parole and remission being overly generous, and prisoners’ living conditions being too comfortable and enjoyable. One of the major flaws in tougher penalties is “it is possible to generate public confidence simply by putting more people in prison”…(Hogg, Brown 1998, p. 39) leaving open the risk of false imprisonment, which in itself, brings along other major long-term problems. Overall, the commonsense element ‘we need tougher penalties’, involves the implementation of tougher penalties on criminals due to the strong public opinion on the …show more content…
Matthew Guy’s proposal is a reaction to Australia’s ‘crime crisis’. “In the past year there’s been a steep increase in the number of violent offences with a 16.4 per cent increase in murders, 18.6 per cent increase in attempted murders, 11.8 per cent increase in assaults and related offences and 22.3 per cent increase in dangerous and negligent acts endangering people.” ….(Panahi, 2017, p. 25). Panahi also states that “Aggravated burglary offences have soared by 40.6 per cent, car thefts are up 27 per cent and robberies 24.4 per cent.”… (Panahi, 2017, p. 25). These alarming statistics are clear evidence of the ‘soaring crime rates’ that Hog and Brown discuss, along with the discussion of them in Panahi’s
Assessing New Right Criminology In the piece on 'How to sweep beggars from our streets' by David Marsland, he likens them to menaces in society and an 'eye sore' littering the streets of towns and major cities. His somewhat archaic view in that a need to adopt a more Victorian approach to tackling the problem of begging mirrors the right realist view on crime. John Major in his 'law and order' debate talked about going 'back to basics' and with a rise in crime their explanation was to blame a 'decline in moral values' as the main factor. Marsland believed that beggars had no moral fibre and that the problem did not stem from capitalism or poverty but their mere existence was a 'blot on the complex but orderly copy-book of a modern civilised society' The right realist perspective was particularly connected to J Q Wilson whom in the early 1970's in the US claimed that 'crime resulted from selfish and wicked people who were undeterred by the criminal justice system which had gone 'soft' on criminals' Wilson believed that in order to combat crime there needed to be a remedy, he suggested that through increased education, encouraged community organisation, modernising poor housing and provision of counselling for young trouble delinquents there lay the answer. Marsland takes a similar view on combating begging.
Through the first chapter of this book the focus was primarily on the notion of controlling crime. The best way to describe crime policy used in this chapter is comparing it to a game of ‘heads I win, tails you lose’. This chapter also addresses the causes for decline in America’s
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
But as will be discussed, there are major flaws in the Australian criminal justice system with issues focussing on three main concerns: (i) lenient sentencing in the criminal justice system particularly with white-collar and blue-collar crimes (i) recidivism and lack of support for offenders (iii) public safety concerns. This essay will examine issues with the Australian prison system, and explore the punishment of shaming and if it is an effective method in preventing general and specific deterrence using sociological frameworks and theories.
This type of legislation has been devised to allow for the detention of people based upon assessments of risk of re-offending, this essay will explore the concerns with these practices. This essay further aims to explore the moral and practical implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that people are entitled to equality and fairness in the eyes of the law.
...ystem and are seen as a credible sentencing option because of the restorative and rehabilitative effect it has on offenders by allowing them the opportunity to give something back to the community and providing them with education and work experience. There is a lack of evidence to suggest that rehabilitation is neither an effective or non-effective sanction. The use of probation as a stand-alone sanction has decreased over the years with probation now being combined with more severe sentences. When combined with rehabilitative programs probation reduced crime outcomes by 16.7%. The common perception of the general public is that increasing the severity of sentencing will reduce crime, however empirical evidence suggest that this is not the appropriate response. Public dissatisfaction with sentencing in Tasmania is often due to a lack of knowledge and understanding.
Young, J. (1981). Thinking seriously about crime: Some models of criminology. In M. Fitzgerald, G. McLennan, & J. Pawson (Eds.), Crime and society: Readings in history and society (pp. 248-309). London: Routledge and Kegan Paul.
However, his work has been very influential in both the policy making process and criminological theories both in Britain and around the western world. Merton’s theory does not explain all crime but it has great merit in the ones he attempts to explain. --------------------------------------------------------------------- [1] Merton. R-(1968) Social Theory and Social Structure.
Many observers have drawn a simple correlation between these two trends. Putting more offenders in prison caused the reduction in crime. The Sentencing project has just completed a study that examines this issue in great detail and concludes that any such correlation is ambiguous at best. In examining the relationship between incarceration and crime in the 1990s the picture is complicated by the seven year period just prior to this, 1984-91. In this period, incarceration also rose substantially, at a rate of 65%. Yet crime rates increased during this time as well, by 17% nationally. Thus we see a continuous rise in incarceration for fourteen years, during which crime rose for seven years, then declined for seven years. This does not suggest that incarceration had no impact on crime, but any such connection is clearly influenced by other factors. A comparison with other nations is instructive in this rega...
Kelling, George L. Thinking About Crime: Is There a Right to Beg? 1993. Web. 10 December 2013.
Muncie, J., and Mclaughin, E. (1996) The Problem of Crime. 2nd ed. London: Sage Publication Ltd.
The general public of Australia has a common aspect when associated with their sources of knowledge of crime. Many would agree the media, especially newspapers and television, are their most frequent and well known source of crime activity. The media updates society with data about the extent, frequency and types of crimes committed (Moston and Coventry, 2011, p.53). Studies highlight our grasp of crime is majorly derived from the media, with a lack of exposure to police statistics or victimisation surveys. There is a concern in correlation to this fact since the media has inconsistency and inaccuracy in reporting crime. Due to this, the media can misrepresent victims and perpetrators, downsizing them to recognisable stereotypes (Moston and
During the 1970’s to the early 1990’s there had emerged two new approaches to the study of crime and deviance. The discipline of criminology had expanded further introducing right and left realism, both believe in different areas and came together in order to try and get a better understanding on crime and prevention. There were many theorists that had influenced the realism approaches such as; Jock Young (Left Wing) and James Wilson (Right Wing).
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,