Australian Criminal Justice System: As Fair as Can Reasonably be Expected?
The current Australian criminal justice system is a legacy of the Anglo-American common law that, with minor exceptions, has been interpreted and administered in a similar fashion in all administrative divisions. This legacy has caused some observers to maintain that, "When all is said and done, the current Australian criminal justice system is about as fair and effective as we can reasonably expect." Reactions to this statement, though, will likely vary depending on what types of experiences, if any, Australians have had with the system itself. To gain additional insights in this area, this paper provides a review of the relevant literature to determine the accuracy of this statement, including a discussion of the respective strengths and/or weaknesses of the Australia legal system. A summary of the research and important findings are presented in the conclusion
Review and Discussion
To be sure, a criminal justice system can be fair without being effective, just as it can be highly effective without being fair. In order for a law enforcement system to be fair, it must be administered in an equitable fashion. For instance, according to Black's Law Dictionary, fair means "having the qualities of impartiality and honesty, free from prejudice, favoritism and self-interest; just; equitability; even-handed; equal; as between conflicting interests" (p. 595). By contrast, because scarce taxpayer resources are involved, an effective criminal justice system means that defendants are processed according to the law, respectful of their rights, but with an emphasis on administering a system that keeps staff and prisoners safe and provides ongoing oversight of community-based programs and so forth in the most efficient fashion possible.
As noted in the introduction, the answer to the question as to whether the Australian criminal justice system is fair (as opposed to effective) will depend on who is asked. In the case of Indigenous (i.e., Aboriginal or Torres Strait Islanders) people in Australia, both young and old are more likely than their non-Indigenous counterparts to become formally caught up in the criminal justice system. According to Mcallister, Dowrick and Hassan (2003), the recent statistics indicate that the Australian criminal justice system is apparently highly effective; however, it may be perceived...
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