Detailed description of the assessment students must nswer all of the following questions in 300 words each.
1. Choose era of policing outlined by Broadcast and Davis (2009). Explaing the key focus of this era and its strength and weakness.
2. Describe and define ' entrapment', Examine its merits and limitations.
3. Describe and explain the peace model used to guide an interview with suspects of a crime.
4. Explaing the theory of critical victimology.
5. Define " Human trafficking' and explain the nature and extent of this TOC using reliabl sources.
Q.1. Broadhust and Davis (2009) - Policing in Context: An introduction to Police Work in Australia.
The book is all about the policing system in Australia. This gives an idea of diverse roles, duties, powers and problems within Australia in a practical manner.
The policy I am going to take from the given book is about Access to Allied Psychological Services (ATAPS). This is a policy which was introduced with a motive to improve community access to primary mental health services by supporting general practitioners providing their services to people with mental disorder. [Davies, R. B. (2008)]
Here are the strengths-
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It covers a widespread geographic area including rural and regional areas.
It covers the services to the specific population group such as homeless people, indigenous population and refugees.
It supports the development of local teamwork models involving allied health professionals, GPs and psychiatrists.
It enables flexible approach to recruiting and retaining people.
Provide security of employment in areas where full time private practice is not sustainable.
It is not a cost-effective approach. It takes a median cost of almost $171 AUD per session. It is possible to deliver Medicare funded services in those places where there is a good supply of private allied health service.
In some areas, it is duplicating Better Access (more particularly in urban areas) - even to the point of operating at the same offices and also by the same allied health professionals.
ATAPS is not providing services to those people who are actually in need of it.
There is no sufficient incentives for current funding arrangements for efficiency. There is also no incentives for Divisions of General Practice to adapt more targeted and innovative approaches.
Population like indigenous people, homeless people etc. are not always present through general practices, thus they are unable to receive referral.
There is a shortage of workforce.[Sparrow, M. K.,et.al1990]
According to the law, Entrapment is an act of inducing by any government official or legal authorities to a person to commit a crime by use of coercion. It is a defence to criminal charges and it’s based on interaction between police officers and defenders prior to or during the alleged crime. Basically such situation arises when a law officer provokes a person to commit a crime.
Here is a case to understand better-[Schmitt-Leonardy, C. (2018)]
Bob is charged with selling illegal drugs to an undercover officer. Bob sold to the officer because the officer said his mom is in need of it. Bob was also confirmed that he wouldn’t anyone about it. At first Bob denied to sell but after a lot of request, he sold it to the officer and got caught. This becomes the case of entrapment where officer emotionally attacked Bob with a lie and made him to commit the crime of selling illegal drug.
In Australia, it is the central part of justice system which says that anyone who voluntarily commits an offence will be held liable to the full extent of law. This won’t take into consideration regarding who induced such action.
The law prevents people to commit any crimes as if he/she commits crime (despite anyone forced him/her to do), will be treated the same way like other criminal activities.
This talks about the patience and law abiding nature of people. If someone is stri8ct with law, he/she won’t get provoked by any person even if he/she offered a good consideration in return.
This will help to stop criminal activities at ground level as intentions of crimes are revealed during the process of entrapment.
To draw a line for unwary innocent and unwary criminal.
Law enforcement officers such as police and legal officers can use this to take personal revenge with people they hate.
Major chance of harassment of innocent people under this act. Such as sexual harassment.
Australian law is silent about entrapment committed by any person other than person associated with legal authorities. See below-[Go to Court Team . (2017)]
Q.3. PEACE Model (Interview with suspects of crime)
PEACE Model is an interviewing or interrogation model where the acronym goes like this-
P- Preparation and Planning
E- Engage and Explain
A-Account, clarify and challenge
This model was developed in 1990 as a collaboration effort of law enforcement and psychologists in England and Wales. It is applicable when there is a rapport between the interrogator and suspect or witness in absence of aggression and intimidation. This is the way to stem the proliferation of false confession that were resulting from accusatory style of interviewing.
In contrast to Reid method, police and criminal investigation officials use this technique either proving or disapproving through interrogation subject. This method doesn’t automatically assume guilt. It is therefore doesn’t contribute to environment of resentment. [UNSW . (2013)]
How it works?
Planning and Preparation
Plot events framed on a timeline for retention.
What is known about suspect and what to be known?
Points to prove, facts in issue.
Identify possible defence
Aims and objective
Engage and Explain
Account, clarification and challenges
High use of open questions and summaries.
Expanding and clarify account
Question loop and open probe
Locks person down into their account
Clarification and challenges
Challenges, inconsistency and contradictions
Contradictory information and evidence
Ask the suspect about the difference between account and evidence.
Evaluation information obtained
Identifying the achievement of aims and objectives.
Revaluate evidence in investigation.
Evaluate own performance.[Durham College Team . (2017)]
Q.4. Theory of Critical Victimology
This theory is about the victims who are facing many issues like justice for victim, treatment by police, welfare agencies and court and impact of crime on victims. It is one form of victimology where extremity of physical, emotional and other harms have taken place to the victim. It is the paradigm shift in victimology theory. The theory recognises the victims as participants in the criminal justice system. It helps in examining the victim of crime as a dynamic agent of justice who helps in developing criminal laws. This field of study also includes exclusion and removal of victims and also how the victim movement has changed the common law and statute. The theory examines the adequacy of laws and justice to the criminal activity in accordance to consequences to victim after such crime.[Tibbetts, S. G. (2018)]
Here is an example that applies the theory-
According to this theory, the police will respond to complaints of crime with all due courtesy and attention. Then the police will inform about the loss suffering of victim to court of law to ensure about the significant progress and development in case proceedings. The court of law then will decide the interest of victim to understand prosecution is according to public interest or not. The court will cut down waiting time for evidence and witness hearing. All respect will be given to the victim during the process of proceedings (such as media won’t disclose names of rape victims). [R. I. Mawby, S. W. (1994)]
Q.5. Human trafficking- Nature and Concept
Trafficking of human is a serious crime and a violation against human rights. According to Article-3 paragraph-A of the Protocol to prevent, Supress and Punish Trafficking in Persons defined “Trafficking in persons as the recruitment, transportation, transfer, harbouring or receipts of persons by means of threat or use of force or other form of coercion, abduction, fraud, deception or abuse of power or position which involves giving and receiving of payments and benefits to achieve the consent of a person having control over another person mostly for the purpose of exploitation. [Australian Federal Prosecution Service. (2018)]
Understanding –What, How and Why is it done?
What- It refers to the act of recruitment, transfer, harbouring or receipts of persons.
How- mostly threat by use of force or any other means of coercion, also by fraud, manipulation and deception.
Why- exploitation like prostitution of others, sexual assault, forced labour, slavery and organ removal.
Criminalization of human trafficking can also be charged against a person or group of persons in the following condition such as-
Attempt to commit a trafficking offence
Participation as an accomplice in such offence
Organizing and directing others to commit such offense.
The definition includes all three groups i.e. men, women and children without any age bar. In Australia human trafficking is low but it is still there where people from Asia particularly from Thailand, Korea, Philippines, Korea and Malaysia are coming though trafficking. Australian Government has made a clear set of governance and legal actions against slavery, slavery-like and trafficking under Division 270 and 271 of Commonwealth Criminal Code Act. 1995.
Punishment for Human Trafficking-
The maximum penalty for the offence of slavery can go up to 25 years of imprisonment.
The maximum penalty for an offence of forced labour is 12 years and in other cases, it can be 9 years.
The maximum penalty for the offenders in case of human trafficking is up to 12 years of imprisonment.
These penalties are specifically for the offences. If the person has committed additional crimes under this act, then the imprisonment and punishment will vary from the above mentioned figures.
Assistance for victims
Witness Assistance Service will provide vulnerable victims of crime with information and support. They will get protection of law officers including police and court of law of that respective regions until the legal proceeding ends and the people are sent back to their home or to any supportive organization for rehabilitation. [Bruckert, C.et.al2002]
Australian Federal Procecution Service. (2018). Retrieved from www.cdpp.gov.au: https://www.cdpp.gov.au/crimes-we-prosecute/human-trafficking-and-slavery
Davies, R. B. (2008, February 23). Retrieved from papers.ssrn.com: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171532
Durham College Team . (2017, March 04). Retrieved from durhamcollege.ca: https://durhamcollege.ca/academic-schools/school-of-justice-emergency-services/centre-for-integrated-justice-studies/courses/peace-model-interviewinginterrogating
Go to Court Team . (2017). Retrieved from www.gotocourt.com.au: https://www.gotocourt.com.au/criminal-law/entrapment-in-australia/
R. I. Mawby, S. W. (1994). Retrieved from books.google.co.in: https://books.google.co.in/books?id=Pft9DXbCupQC
UNSW . (2013). Retrieved from www.handbook.unsw.edu.au: http://www.handbook.unsw.edu.au/postgraduate/courses/2013/LAWS8122.html
Sparrow, M. K., Moore, M. H., & Kennedy, D. M. (1990). Beyond 911: A new era for policing (p. 105). New York: Basic Books.
Schmitt-Leonardy, C. (2018). Entrapment & Evidence-The Impact of the ECtHR’s Judgment in the Case of Furcht v. Germany on the Jurisprudence of the German Federal Court of Justice. EuCLR European Criminal Law Review, 7(3), 304-320.
Tibbetts, S. G. (2018). Criminological theory: The essentials. Sage Publications.
Bruckert, C., & Parent, C. (2002). Trafficking in human beings and organized crime: A literature review. Ottawa: Research and Evaluation Branch, Community, Contract and Aboriginal Policing Services Directorate, Royal Canadian Mounted Police.