What is Crime?
Crime can be defined as breaking the law. The government or authorities usually set laws that the citizens must follow, punishment is prescribed for those who bleach those laws. The laws provided by a state are an example of behavior codes that influence society. The legal or criminal justice system enforces the law and punishes those who break it. There is a social stigma associate with crime. It is important to note that all breaches of the law are not criminal such as civil offenses and breach of contract. The tag ‘crime’ is usually reserved for the offences that cause harm or injury to the public, individuals or the state. Social, political, economic and psychological conditions influence the definition of crime and how the
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Stakeholders are kin on establishing a relationship between crime, gender, race and the legal justice system. However, the issue has not received adequate media and political attention.
Gender & Race
According to statistics on Australia’s workforce in criminal justice work there are more men compared to women. It is a ‘man’s’ job. Examining gender shades more light on criminology and victimization.
Information and statistics provided also shows Australian indigenous white male represent the largest population in the prisons. The author observes, “That a specific group of approximately 2% of Australia’s female population accounts for half of the overall number of indigenous Australian women who are in prison.” These findings are astonishing.
In addition, statistics also reveals that majority of those working in criminal justice are white males. The population of indigenous white men is larger than that of indigenous Australian women. Evidently, there is a racial disparity in the workforce of the criminal justice system in Australia
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The author examines the over-criminalization of Australia’s indigenous people in relation to their colonial past. He developed a theory that there is a relationship between criminalization and colonization of the indigenous people. Cunneen gives attention to the role the police play in the process of criminalization of the indigenous people. He notes that the law enforcers particularly the police have limited effectives; their policies and practices are shortcoming. The police need to change their colonial policing style and culture. A zero tolerance approach towards crime has been adopted however, it is important to protect human rights and to use good judgment.
Police have a vital role in crime prevention and reaction. However, more emphasis should be placed on crime prevention. The police need to organize targeted patrols, follow ups for victims with repeat allegations, faster improved response to victims, problem identification and development of solutions as well as cooperation with other law enforcing agencies. For this changes to take place successfully a cultural and mind set change is fundamental. (Brereton,
This paper proposes that three major factors play a role in the high rate of convictions of black men versus whites and Hispanics. These factors are the lack of diversity among legal professionals in positions of power for decision-making, specifically those in the criminal justice system; secondly, the racial disparities that exist in arrest conviction and sentencing and thirdly, the incidence of discriminatory actions within the justice system. The paper seeks to examine litera...
There have been different outcomes for different racial and gender groups in sentencing and convicting criminals in the United States criminal justice system. Experts have debated the relative importance of different factors that have led to many of these inequalities. Minority defendants are charged with ...
In 1999, black men are much more likely to be stopped and searched by six percent than Asian and White men. The Macpherson inquiry report generated institutional racism after the death of a young black man named Stephen Lawrence. There are disproportionately large number of crimes committed by young black men, according to police records that leads to inequalities (Parliament u.k., n.d.). In the light of, policy makers tried their best to ameliorate the racism problem and to prosecute racist offenders (Phillips, 2007). However, the implications of institutional racism affect black men and remains prevalent up to these days based on statistic records.
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
The over-representation of black people in the UK prison population became an issue which needs to be addressed. The prison statistics shows that black people are over-represented and by analysing their population in the UK and a prison statistics it can be noticed that their number increases massively comparing to white and Asian people. The statistics focuses on adult male population, but by considering women and young black people, the evidences show that across all levels black people are over-represented. However, black people are not over-represented only in prison statistics, police practices shows that they are a main target for their actions such as stop and search under section 60 or when fighting in “war on drugs” even that their drug usage is lower than white people. Matthews (2009) and Sampson (1987) provide evidences that one of the reasons for over-representation is institutional racism within Criminal Justice system, police service as well as areas such as Council, education and housing. Newburn (2013) presents that there are specific crimes for which black people are more likely to commit as well as black people are less likely to plead guilty, including that often they leave in inner city cause that judges in those locations are more likely to give “heavier” sentences (Newburn 2013). Furthermore, turning point is given by Wacquant (2001) and his idea of hyperghettoization, he looks at the massive privatisation of prison and provide evidences that the prisons are turning into “ghettos” to keep uneducated, unskilled young black offenders in one place (Wacquant, 2001).
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.
The criminal justice system is full of inequality and disparities among race, gender, and class. From policing neighborhoods, and the ongoing war on drugs, to sentencing, there are underlying biases and discriminatory practices in the criminal justice system that impacts minority communities and groups. Fueled by stereotypes and generalizations, it is important to identify and discuss what crimes take place and who actually makes it up.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
Sampson, Robert J. and Janet L. Lauritsen. 1997. "Racial and Ethnic Disparities in Crime and Criminal Justice in the United States." Crime and Justice 21:311-74. doi: 10.2307/1147634.
Although some say the high disparity of minority to white prison sentences is due to repeat offenses by second and third time offenders, the disparity in the population between black and white Americans in the U.S. doesn't support the fact there are more minorities than whites in American prisons. The make-up of judges, juries and law enforcement officials in the judicial system is a factor. The high disparity amongst minorities in prison is due to the societal issues such as racial discrimination, racial inequality of lawmakers in the court system, and presumptive sentencing guidelines. Racism in American society plays a part in the manner in which the judicial system operates. The American prison population is larger than at any time in the history of the penal system in the world.”
Addressing the cause of these disparities from the grass roots is very crucial. Strategies are needed to tackle the challenge and to combat unjustified disparity, at every level. phase of the criminal justice system, and to do so in a harmonized manner. Without a systematic approach to the issue, gains in one range may be offset by the setback in another. Every decision idea and constituent of the system requires exceptional approaches.
Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Retrieved from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf New Century Foundation. (2005). The Color of Crime: Race, Crime and Justice in America. Retrieved from http://www.colorofcrime.com/colorofcrime2005.pdf Pearson Education. (2008).
There are different principles that makeup the crime control model. For example, guilt implied, legal controls minimal, system designed to aid police, and Crime fighting is key. However one fundamental principle that has been noted is that ‘the repression of criminal conduct is by far the most important function to be performed by the criminal processes’. (Packer, 1998, p. 4). This is very important, because it gives individuals a sense of safety. Without this claim the public trust within the criminal justice process would be very little. The general belief of the public is that those that are seen as a threat to society, as well as those that fails to conform to society norms and values should be separated from the rest of society, from individuals who choose to participate fully in society. Consequently, the crime control model pro...
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.