Presentation Transcript

1. THE MEANING OF CRIME Crimes are seen as actions against all of us (when we hear about crimes, our lives are affected, e.g. we’re all afraid of Luxford Road at night...) An action; Doing something An act or omission of duty resulting in harm to society that is punishable by the state A lack of action; NOTdoing something that you were supposed to do (e.g. feeding your kids) Because crimes affect society, we pay for the whole criminal justice process (police, judges, prisons, etc) PROBLEM: This definition doesn’t tell us exactly what those acts (or omissions of duty) are. This is because the conduct that we consider “criminal” now may become legal (or has been legal) at another time.
2. THE MEANING OF CRIME LAWS ARE MADE , ENFORCED & INTERPRETED BY PEOPLE POLICE JUDGES PARLIAMENT These people come from real houses, real neighbourhoods and real families. They watch the news and read newspapers just like other people. THESE PEOPLE EXIST IN THE SAME SOCIETY AS US*, SO THEY HAVE BEEN AFFECTED BY THE SAME THINGS THAT HAVE GIVEN US OUR IDEAS OF “RIGHT” AND “WRONG” *Maybe in different suburbs though…
3. THE MEANING OF CRIME So, things that are ‘socially acceptable’ are generallyNOT‘criminalised’ (e.g. drinking alcohol, smoking cigarettes), despite the amount of harm they cause (versus, say, smoking marijuana). There is also some social acceptance that doing something to yourselfis a lot less serious than contributing to other people’s suffering. Importing drugs Possessing or using drugs 2% 88% went to jail in 2011 went to jail in 2011 (higher rate than any crime but murder) Violent crimes are also seen as more serious than non-violent crimes. Sexual assault Fraud 12% 47% went to jail in 2011 went to jail in 2011
4. THE MEANING OF CRIME SOME LAWS JUST REFLECT CHANGES THAT SOCIETY HAS ALREADY ACCEPTED SOME LAWS TRY TO CHANGE THE BEHAVIOURS AND BELIEFS OF SOCIETY A lot of criminal laws do a bit of both
5. THE MEANING OF CRIME DOMESTIC VIOLENCE COCAINE USE NEGLECT OF CHILDREN MARIJUANA USE “WRONG” (so, illegal) HOMOSEXUAL SEX PETROL SNIFFING SEXUAL ASSAULT WITHIN MARRIAGE EUTHANASIA (ASSISTED SUICIDE)
6. THE MEANING OF CRIME DOMESTIC VIOLENCE COCAINE USE NEGLECT OF CHILDREN MARIJUANA USE “WRONG” (so, illegal) HOMOSEXUAL SEX PETROL SNIFFING SEXUAL ASSAULT WITHIN MARRIAGE EUTHANASIA (ASSISTED SUICIDE) 1900
7. THE MEANING OF CRIME DOMESTIC VIOLENCE COCAINE USE NEGLECT OF CHILDREN MARIJUANA USE “WRONG” (so, illegal) (except A.C.T and S.A.) HOMOSEXUAL SEX PETROL SNIFFING (in N.T.) SEXUAL ASSAULT WITHIN MARRIAGE EUTHANASIA (ASSISTED SUICIDE) 2013
8. THE MEANING OF CRIME An example of the meaning of crime being changed: The NSW government created a specific crime of ‘domestic violence’ through the Crimes (Domestic and Personal Violence) Act 2007 (NSW)as committing violence against your family is now seen as socially unacceptable. CHARGE: ASSAULT DOMESTIC VIOLENCE OFFENCE WHY? Family violence has moved from being a family issue to a criminal issue. BUT not every Australian understands this yet – the law is there to reflect general opinion AND bring the rest in line by shaming those who commit those crimes.
9. THE MEANING OF CRIME THE LAW IS CONSTANTLY CHANGING BEING ‘AMENDED’ THIS IS THE PROCESS OF LAW REFORM
10. THE MEANING OF CRIME MOST LAW IS MADE BY PARLIAMENT PEOPLE IN PARLIAMENT WANT TO BE RE-ELECTED SO… POLITICIANS WILL GENERALLY SUPPORT LAWS THAT ARE POPULAR (ESPECIALLY WITH THE MORE POWERFUL, AND MORE VOCAL, MEMBERS OF SOCIETY)
11. THE MEANING OF CRIME The Crimes (Criminal Organisations Control) Act 2009 (NSW) was passed after a murder at Sydney Airport. Some laws take months to debate and change (“amend”) and fix and vote on. This law was announced, written and passed through both Houses of the NSW Parliament in one week due to the public and media outrage.
12. THE MEANING OF CRIME A member of the Hells Angels challenged the law in the High Court and WON! (Wainohu v NSW (2011)). After being overturnedby the High Court, the NSW government tinkered with the law and came up with a new law that is basically the same (but won’t be overturned by the High Court).
13. THE MEANING OF CRIME Crimes Amendment (Consorting and Organised Crime) Act 2012 (NSW) AKA: ‘The Consorting Law’ “Inverellman Charlie Foster, 21, who was born with an intellectual disability and cannot read or write, was sentenced to between 9 and 12 months' jail a fortnight ago for a series of shopping trips and walks with three friends who have prior convictions”. 7:30 Report (2012)
14. THE MEANING OF CRIME Crimes Amendment (Consorting and Organised Crime) Act 2012 (NSW) AKA: ‘The Consorting Law’ His conviction was eventually overturned, but the law itself is STILL IN PLACE! 7:30 Report (2012)
15. THE MEANING OF CRIME Crimes Amendment (Consorting and Organised Crime) Act 2012 (NSW) AKA: ‘The Consorting Law’ So, the meaning of crime is changing to include ‘consorting’/spending time with people who have committed crimes in the past.