Saint Leo Criminal Justice Systems in Us and Australia Research Paper Introduction Write a research paper comparing and contrasting the criminal justice s

Saint Leo Criminal Justice Systems in Us and Australia Research Paper Introduction

Write a research paper comparing and contrasting the criminal justice systems in the United States with that Australia

Directions

Use the outline provided in the attachments, write a completed research paper.

Research paper must meet the following requirements:

Must be at least 10 pages
Based upon information from a minimum of 10 sources.
Contains title and bibliography pages, which are not included in the 10 page minimum.
Utilize Truabian style of writing and formatting. (please see template attached) Make sure citations are in the right format, no footnotes.

When comparing and contrasting the two countries examine the criminal justice systems as they relate to sociological theories as applied to the administration and management of criminal justice in the two countries along with proposing best practices or recommendations to enhance effective criminal justice administration within the respective countries.

Consider how the legal system and tradition, substantive and procedural law, police structures, court organization, corrections, and juvenile justice affect the sociological theories of the administration and management in the countries. Original work only, use outline provided, include all topic and scholarly resources. Any questions contact me ASAP. Course name
Journal Review
By:
07/6/19
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It should come as no surprise that Ireland has had a colorful history when it comes to its
justice system. For many years the IRA spread fear through the streets with their acts of
terrorism aimed at national recognition and freedom from the British government. While this
may have worked during the revolutionary war, this part of the country was more evolved by the
1980’s and thought there was a more elegant way to deal with unhappy citizens. As Ireland
evolved and grew, a justice system came into focus that allowed its people to be safe and secure
in the country the loved so much.
As the future would come steaming into view the Republic of Ireland would devise a
Justice System that followed both common law and statute law that was able to tame its people
and work towards a future where her people could prosper. In the Devolution era of Northern
Ireland, David Ford discuss the innovations and advancements of the criminal justice system
since 2010.
In February 2010 Northern Ireland signed the Hillsboro Castle Agreement which allowed
the devolution of policing and justice powers to the Northern Ireland Executive (Ford 2015,
15). In April of the same year Ireland created its own Department of Justice and is considered
“The final piece of the devolution jigsaw in Northern Ireland and it was possible only with local
political agreement” (Ford 2015, 16). The intention of this was to create a stronger political tie
between the administration of justice and the country.
The interesting part about this change in justice is several issues were placed in the center
of the justice systems priorities. The new system placed rehabilitation at the center of their
objective “Historically the Prison Service focused on containment. That had to change” (Ford
2015, 19). The identified the need to put money into the prisons to provide a rehabilitation
setting. They created the need to focus on how to deal with reoffenders, and they decided the
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need to improve the work force was a key aspect of creating a better system. This understanding
of the need for rehabilitation moves the country away from filling prisons and keeping them full
to the concepts of attacking recidivism and attempting to correct the thinking or behavior that
leads people to breaking laws. It is no secret that prison can be an education system for further
criminal activity. While some crimes have such a heinous effect they cannot be ignored, other
none violent crimes can be dealt with in a way that educates and rehabilitates so subjects can go
on to be contributing members of the community.
As Justice Minister and leader of the alliance party, David Ford, was able to advance a
progressive justice agenda specific to the needs of the country today. “The fundamentals of our
systems are the same: a constitutionally independent judiciary, policing by consent, citizens’
rights, and international requirements hold our separate systems together in a common legal and
values-based framework. This is a strength” (Ford 2015, 17). The understanding of a framework
that meets the needs of the system as well as the country is a key factor in the success of any
justice system.
With the Devolution, the National Crime Agency (NCA) was created as the premier law
enforcement agency of the country. This organization was created to combat the organized
crime issue in the country. While this organization was vital for the success of Ireland, it was
met with some heavy political opposition. “The constitutional arrangements for policing in
Northern Ireland were hard fought following the Good Friday Agreement. It follows that a body
which, for instance, tasks and co-ordinates is not a suitable or acceptable approach to Northern
Ireland” (Ford 2015,18). Because this organization was created prior to the start of the
devolution of justice in Northern Ireland, for the first time the Executive and parties had an
opportunity to consider the National Crime Agency role in the devolved area.
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As Ford steamed ahead the Devolution of Northern Ireland has gained ground in many
aspects of Justice. They established several common ground goals to focus the needs of the
Justices system and the country. In this, it placed rehabilitation at the center of the work, there is
a need to address the declining prison estate, there was a renewed focus on outcomes to reduce
reoffending, and they needed to refresh the work force. Creating a new more efficient system of
justice is no easy feat nor is it something that will happen quickly, Ford will not see the results of
his work until long after he has retired, but the start he has made will assist the country into
moving into the future a little bit safer and a little bit smarter as to the ways of the modern
criminal justice system.
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References
Ford, D. (2015). The devolution era in Northern Ireland. Criminal Justice Matters, 100(1), 1621. doi:10.1080/0268117x.2015.1061335
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Thesis: The criminal justice systems of the United States and Australia are similar in issues such
as the presumption of innocence, the role of a judge in trial, exclusionary policies, and the
requirement of proof beyond reasonable doubt but also differ fundamentally in aspects such as
the right to legal representation and admission or exclusion of evidence.
I.
Presumption of innocence
A.
Australia, under common law, protects the concept of a fair trial, which is
understood to include the presumption of innocence for suspects.
B.
The 6th amendment to the United States Constitution requires that due process be
followed in criminal action, which is interpreted to include the presumption of innocence
until guilt is proven without reasonable doubt.
1)
The 14th amendment, which offers equal protection for all under the law, also
insinuates the presumption of innocence.
II.
Exclusionary policies
A.
The United States has policies in place which peg immigration status on criminal
conduct.
1)
The criminal justice system features policies allowing for the removal of non-
citizens on the basis of their criminal record
2)
Discretionary relief was withdrawn making it impossible for a judicial review to halt
deportation
B.
Australia has similar laws with regard to crimmigration
1)
The executive has the power to remove non-citizens from the country on the basis of
character
2)
A substantial criminal record, which can serve as the basis for visa cancellation
includes a death sentence or an imprisonment term of more than one year
III.
Exclusion of evidence
A.
Entrapment is illegal in the United States
1)
Overreaching by government officials can serve as the basis for exclusion of
evidence
B.
In Australia, entrapment is left to the discretion of police organizations rather than
the judiciary
1)
Investigative entrapment strategies are monitored
2)
The law protects law enforcement officers engaged in covert activities which involve
illegal activities from legal liability
3) Evidence collected through entrapment is, therefore, admissible
IV.
Right to Legal Representation
A.
An accused person in the United States has the right to free legal representation
1)
The right applies to all people regardless of their financial, social, and cultural
backgrounds
B.
In Australia, one has to qualify for free legal aid for them to get free representation
1)
Accused persons in criminal offences do not qualify for such state-funded aid
V. Conclusion
A. Both Australia and the United States have similarities in their criminal justice systems in
several aspects.

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