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Alternatives to criminal law processes

Alternatives to criminal law processes. Crime Reduction Aims. Reduce the number of offenders who appear before the formal court system Reduce level of re-offending Reinforce the deterrents to criminal behaviour. Diversion. Is a form of probation

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Alternatives to criminal law processes

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  1. Alternatives to criminal law processes

  2. Crime Reduction Aims • Reduce the number of offenders who appear before the formal court system • Reduce level of re-offending • Reinforce the deterrents to criminal behaviour

  3. Diversion • Is a form of probation • A person who commits an offence accepts a number of conditions set by the court. • If all conditions are fulfilled, then charges against them are dismissed. • What sort of conditions would be set?

  4. Crime prevention strategies • Cover any initiative that improves the quality of life of young people( reducing poverty and providing education), increases trust between citizens and legal system and tries to prevent re-offending.

  5. Crime prevention strategies • Decriminalisation- aims to remove offences from the law. A society may decide to completely decriminalise or reduce the severity of penalties. • This can be done for a number of reasons.

  6. Crime prevention strategies • Changing social values- ie/ abortion in WA in the 1990’s • Offence may have a discriminatory effect and penalise certain sub groups in society. Ie/ aboriginal people and public drinking in country towns.

  7. Crime prevention strategies • An activity may be undesirable and harmful to those directly involved. However, it may have little or no effect on others and the laws may be ineffective in controlling activity. Ie marijuana in 2004. • Enforcing law may do more harm than good. Ie/ prostition- laws have been around but still continue and contributes to corruption. Now tolerated or blind eye turned.

  8. De-institutionalisation • Aims at reducing the use of systems of confinement of individuals. • Some institutions have been abolished(orphanages), others greatly reduced(asylums) and others emphasis reduced(juvenile detention centres)

  9. Juvenile Diversion • Programs and practices which are employed for young people who have initial contact with the police, but are diverted from the traditional juvenile jusitce processes before children’s court adjudication

  10. Juvenile Diversion • Police Cautions- builds on police powers of discretion- is it worth charging? Warn or caution instead. • Diversion formalises this practice. • Offenders must acknowledge their offending and harm done to any victim. • They may agree to certain conditions ie Community Service/Health education course to avoid criminal conviction. Need to appear in court minimised. Good for first offence

  11. Juvenile Diversion • Informal and formal(formally recorded) cautions are used. • Both require a formal interview with police at station with parent/guardian and offender. • May require to attend Drug/Alchol Course and if they re-offend fine or community service can be imposed. • It is a legal act and charged must admit guilt.

  12. Juvenile Diversion • Family Conference- aims to resolve an offence and by providing restorative justice for the vicitim. • Occurs between accused, victim, police and conference convener. • Offenders must listen to vicitms and how offence impacted them and sanctions are discussed • They can include apologies, community work or attendance at councilling.

  13. Examples • Read Example 1- Why would this be a good outcome? • Read Example 2?- If you were the victim which option do you think is best?

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