...pre and post 9/11 law enforcement response to terrorism. What strategies could be implemented to increase future law enforcement capability in countering terrorism? Andrew McAdam Student Number: Word Count: “Things will never be the same.” (Miller, Stone & Mitchell, 2002, p. 3) Law enforcement has undergone dramatic changes as a result of the devastating events in the United States on 11 September 2001 (9/11). This essay will examine how law enforcement, specifically within Australia, has shifted its policies and strategies to fight the post-9/11 terrorist threat. An analysis of police actions towards terrorist related incidents since 9/11, displays how law enforcement agencies have demonstrated their ability to respond to the various threats of terrorism as they arise. “Since 2001, numerous terrorist attacks have been thwarted in Australia. Thirty-eight people have been prosecuted as a result of counter-terrorism operations and 20 people have been convicted of terrorism offences under the Criminal Code.” (Counter-Terrorism White Paper, 2010, p. ii) Australia’s State and Federal policing agencies have ‘a long tradition of reactive patrol’ (White, 2012, p. 487) However, uniformed policing plays an important role in counter-terrorism operations. Due to their knowledge and close working relationships within the local community, police are in the best position to detect and prevent terrorist actions from occurring. “So far, terrorist attempts in Australia have been disrupted...
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...the validity of this statement. The Criminal Law (Sentencing Act) 1988 determines that during the process of sentencing an offender, the nature of any indictable offence must be taken into account by a judge, along with a range of aggravating and mitigating factors. Essentially the judge must order a sentence that is fair considering the gravity of the offence and the particular circumstances of the offender; this is known as the "principle of proportionality". Comprised of objective and subjective factors, aggravation and mitigation factors often encompass key aspects of a judge's ruling - as evident in most sentencing remarks; they play a pivotal role in ensuring that each guilty individual is sentenced appropriately. As outlined in section 29A of the South Australian Criminal Law (Sentencing Act) of 1988, the court may “indicate an appropriate range of penalties for a particular offence or offences of a particular class” and “indicate how particular aggravating or mitigating factors (or aggravating or mitigating factors of a particular kind) should be reflected in sentence.” True justice, in terms of sentencing, can only be achieved if consideration is given to the offender's criminal history, personal circumstances, and post-crime actions: the nature of the offender as well as the nature of the crime must be considered by the judge. As made apparent by most sentencing remarks, alongside the nature of the crime committed, the criminal history of the accused is one of the...
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...Benson American Criminal Court System American criminal court system and its purpose: The criminal court system in America is a tool that communities use for standards to be enforced and necessary to protect individual and the whole communities. The action taken against the lawbreakers is like that it solves three purposes. It takes away harmful people and removes them from the society; it uses others as an example to not be a part of criminal behavior; and it gives society a chance to change criminals into law-abiding citizens. This particular system has three specific parts: the courts the police, and the corrections and each one have their own different tasks. All these three bodies are depending on each other. The main purpose of American court is to give everyone the opportunity to justice; by punishing and convicting the guilty and help them stop doing bad and protect the innocent. It also guards the individual rights and freedoms. Here, all persons treated equally. If there is any conflict then trials can be the solution but the courts should be used at last. As there are two cases civil and criminal. Courts have two duties first find out the facts of disputes and second are what law is to apply on that fact. Dual court system A dual court system is a double organized entity that helps both courts one at a national level and one local. Australia and The United States are having the longest running and best known dual courts system in the world. The Laws of local nature...
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...System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum...
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...E-SECURITY REVIEW 2008 Submission from Microsoft Australia Introduction Microsoft Australia welcomes the opportunity to participate through this Submission in the Whole-of Government Review of E-Security. A periodic review of the E-Security framework, in light of the quickly evolving threat landscape, is both timely and appropriate. Over the last thirty years there have been dramatic advances in information technology - the development of the microprocessor, the rise of the personal computer, the emergence of the Internet - which have revolutionised the way information is created, stored, shared, and used. Today, powerful, affordable and diverse devices, together with expanding broadband networks, create a powerful opportunity for connectivity for individuals and communities. Over the past two decades, rapid advances in software, IT services, and communications have enabled many traditionally separate and disparate infrastructures and business operations to become more connected. Through this connectivity virtually every aspect of society has experienced a transformation. Businesses and governments have been able to manage and streamline their operations. Individuals have been offered ready access to multiple sources of information thereby expanding knowledge and choice. Across every field of endeavour – commercial, social, scientific and philanthropic – the power of information has been increased and the transaction costs of engagement have been lowered. Our broad reliance...
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...does it differ from terrorist financing? The term money laundering was first pioneered in the early 20th Century. The disguising of income derived from illegitimate activities date back as far as the 13th Century B.C. The infamous Alphonse “Al” Capone who was an infamous organised criminal figure in America during the 1920s during the US Prohibition Era, was grossing criminal proceeds estimated to $100,000,000 of which he laundered through a series of businesses. Lansky who was known as the 'Mob's Accountant' unitised the worth of foreign countries that provide havens for criminal activities. Through laundering Lansky held untraceable millions in Swiss bank accounts and in banks and corporations abroad....
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...Human Rights 1. The nature and Development of human rights The definition of human rights * Universal Declaration of Human Rights (UDHR) sets out the fundamental purpose for recognizing human rights * In the general sense, human rights refer to basic rights and freedoms that are believed to belong to all human beings * As stated in the UDHR, these rights differ from ordinary rights under domestic law as they are considered to be universal, inalienable (cannot be taken away) and inherent to all people. Developing recognition of human rights * The abolition of slavery * The campaign for universal suffrage * The trade union movement and labour rights * The right of a group to self-determination * Emerging environmental rights * The attempt to establish a right to peace The abolition of slavery * Slavery is a type of forced labour where a person is considered to be the legal property of another * Slavery was practiced legally until the 20th century * Common forms of slavery involved: debt slavery (forced to pay off a loan with labour), slavery as punishment for crime, prisoners of war committed to slavery * Moves to abolish slavery and slave trading began in the 12th century, e.g. Iceland abolished slavery in 1117 * During the 17th – 19th century, the transatlantic slave trade (the trading of African people by Europeans, transporting them as slaves from Africa to the colonies of the New World) was in action as Europeans...
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...effectively punish and deter corporate crime, the law should impose criminal sanctions on individuals rather than on corporations.” Introduction The purpose of this research report is to discuss whether criminal sanctions should be brought upon individuals or on corporations when corporate crime is committed. In determining out who should criminal sanctions be imposed on, a key factor to consider back on is the purpose of imposing criminal sanctions, which is to ‘effectively punish and deter corporate crime’ as stated in the proposition. Corporate Crime Firstly, corporate crime can be defined as the conduct of a corporation, or of employees acting on behalf of a corporation, which is illegal and punishable by law including those that violate criminal, civil or administrative law (New South Wales Law Reform Commission [NSW LRC], 2003). This means that corporations ‘themselves’ can be punished for crimes ‘they’ committed, as corporations are separate and legal entities from its shareholders and directors or other officers. Secondly, employees who act on behalf of the organisation, usually those in high or managerial positions such as directors can be punished. There are some existing laws that impose criminal punishments upon individuals, for example breaches in directors’ duties can lead to criminal consequences under section 184 of the Corporations Act 2001 (Cth) (Sweeney, O’Reilly, & Coleman, 2010). Individual criminal punishment however does not always occur when...
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...power. This essay intends to focus on the over-representation of indigenous people in the criminal justice system from a sociological viewpoint. This over-representation becomes sociologically significant when it is seen as an expression of inequality meaning that wider social issues are at play that effect indigenous people specifically. The two major reasons or drivers of this over-representation stem from this inequality; the first is an element of institutional discrimination found in both the courts and the police services in Australia which tend to target indigenous people disproportionately with the facilitation of legislation and practices which indigenous people have little to no involvement in formulating. The second is a set of cultural and social norms that exist amongst indigenous people which clash with the norms of the dominant white culture who are responsible for the laws and regulations that all groups in society are meant to abide by. Furthermore social conflict theories on crime such as those formulated by Turk and Sellin provide a rich theoretical support for the reasons behind the over-representation of indigenous people in the criminal justice system. The over-representation of aboriginal people in Australia is a perfect example of the effects of inequality in modern society, arising from clashing cultural norms and institutional discrimination found within the criminal justice system caused by said inequality social conflict theories are...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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...Perception of crime in Australia Name: deejay dial University: egerton Tutor: dr.magana Course: criminology Date: 03-06-2013 Introduction Crime is defined as an act of breaking or violation of the law .a crime is punishable by the government through imprisonment or paying bail, crimes range from petty crimes such as pick pocketing to capital crime such as murder or robbery with violence Policy making in Australia is affected by many factors including public perception .policies in criminal justice are used to determine the kind of punishment that is to be given to offenders, its also used to classify the degree and severity of crimes and also allocating the required resource to the criminal justice agencies. Using public perception to make policy can lead to bad policy formulation this is because there is a huge discrepancy that exists between the actual crimes committed and what the public holds as the rate of crime in their country. This is true in Australia where people perceive that crime is on the increase while in the actual sense its declining (Rex & Tonry 2002; Roberts & Indermaur 2009), the same pattern was also reported in the united states during the last decade (Maguire & Pastore 1999). In Australia the elderly, women and illiterate people believe that crime rate is increasing compared to men and the literate who believe otherwise (Indermaur & Roberts 2005) In 2007 according to Australian bureau of statistics (2008) murders reported...
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...damaging practice to capture the attention of the public and also concern regulatory attention. Pollutants recognised include pesticides, chemicals and gases. Whilst some of these emissions are banned and illegal, some are permitted, but only within specified levels. Pollution is thus illegal when there is a release of a prohibited substance, the emission or leakage of substance in excess of an established limit, or expulsion into areas such as vast bodies of water (Bricknell, 2010). Illegal waste disposal includes the transportation and dumping of waste into landfills or other areas. Waste includes everything from hazardous substances to electronic waste, more commonly known as e-waste. Australia is one of the highest producers of waste per capita in the world (ABS, 2010). In Australia, there was approximately 2080 kilograms of waste...
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...Topic Two: Human Rights Rights The nature and development of concepts of human rights. State sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education Human Rights Human rights are the basic rights to which all human beings are entitled to. The most recognized document in modern human rights is the Universal Declaration of Human Rights, created by the UN. Human rights can be said to come from the idea of ‘natural law’. Natural Law Doctrine is the idea that some laws come from God or higher reasoning whether they have been written down or not. State sovereignty State sovereignty refers to the power of a state to have control over its territory and its subject. It’s important for protecting human rights because it means someone whose rights are being abused can flee to a safe country for protection. Because it restricts the actions of neighbours and other concerned states, also allows human rights abuses to go unpunished within the boundaries of a state. Movement for the Abolition of Slavery Slavery is the state of being under the control of another person. Trade Unionism Trade unionism is the collective organisation of workers formed to protect the rights of individuals from the power exercised by employees. The benefits of trade unionism include: * Prevention of child labour * Prevention of forced labour * Fair treatment of workers ...
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...in Australia Contents 1 Executive summary 1.1 1.2 2 Sources of company law in Australia Summary 1 1 1 2 2 2 3 3 3 4 5 6 6 6 7 7 7 8 8 9 9 9 11 12 Common law duties 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Duty to act bona fide (In good faith) in the interests of the company as a whole Duty not to act for an improper purpose Duties of care and diligence Duty to retain discretion Duty to avoid conflicts of interest Duty not to disclose confidential information Duty not to abuse corporate opportunities 3 Statutory duties 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Section 180 – Duty of care and diligence and the business judgment rule Section 181 – Duty of good faith Section 182 – Duty not to make improper use of position Section 183 – Duty not to make improper use of information Section 184 – Criminal offences Section 588G – Duty not to trade while insolvent Section 191–195 – Disclosure of material personal interests Section 208–210 – Financial benefits to related parties of public companies Section 285–318 – Financial reporting 3.10 Others 4 5 Company constitution Penalties PwC i Contents 5.1 5.2 6 Criminal penalties Civil penalties 12 12 13 13 13 14 14 14 Duties in practice – Examples of breaches in Australia 6.1 6.2 6.3 6.4 6.5 The Australian Securities and Investments Commission’s (ASIC) Power to Ban directors ASIC v Adler and Ors ASIC v Rich ASIC v Vizard ASIC v Vines PwC ii 1 1.1 Executive summary Sources of company law in Australia The...
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...they have 461, India has 22, Australia has 8, and England 43. However, in the United States these agencies are have overlapping jurisdictions, are loosely connected and have different levels of government. This consist of small towns, large cities, county, state township’s, and the federal departments as well. Mostly the major part of these departments handle routine duty’s such as patrolling, investigations of crime and murder, and responding to citizens’ complaints. Small departments employ fewer than 25 full time officers which equates to 81 percent or 11,015, then you have departments that employ approximately 5 full time officers which is 7.5 percent or roughly 1, 022, and the remaining rely heavily on part time or reserve officer’s. Then you have specialty departments that consist of airports, parks, agencies that enforce firearms, alcohol, and game or wildlife. Furthermore, you do have certain departments don’t fit into some of these categories such as county law enforcement (Sheriff). County law enforcement in some states only provide court house security, operate the county jails, serve papers for the courts, and assist other departments when called upon. Due to the different sizes and functions of these departments, it is to establish a standard organizational or management style to any one department. The law enforcement officer plays an extremely important role in society by ensuring that functions in society run smoothly and criminal offenders that cause disruptions...
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