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Research Essay: Queensland Criminal Law

Question 1 – The Bangkok Rules

Pathways feminism has impacted not only on the development of criminological theory but also the advancement of gender specific policy and practice to better meet the  needs of women in the criminal justice system. In 2010, the United Nations adopted special guidelines for the treatment of female  prisoners, the United Nations Rules for the Treatment of Women Prisoners and other Non-Custodial Measures (the ‘Bangkok Rules’).

Although these rules have yet to be fully implemented, they constitute an improvement in international law for women in custody. Write an essay that addresses the following questions:

1)  What is pathways feminism and how has it impacted on the development  of criminological theory? Summarise the theory, any data and/or  research supporting it.

2)  What are the “Bangkok Rules’? Provide sufficient background information regarding their development and purpose.

3)  Identify  one example of  how pathways feminism  may have  impacted on the development of the ‘Bangkok Rules.’ To answer this you will need to identify a key theme within the  Bangkok Rules and demonstrate how this developed from a feminist pathways understanding of crime.

4)  Keeping your example/key theme in mind, from  a feminist pathways approach, provide two examples as to how the Bangkok Rules might  impact practice to better meet the needs of women in prison?  

Question 2 – Reducing Domestic and Family Violence in Queensland Since 2015, a number of changes have been made to Queensland legislation  in an attempt to provide a more comprehensive response to domestic and family violence.  This has included amendments to (among other things) the  Criminal Code 1899,  the Penalties and Sentences Act 1992,  the Bail Act 1980, and the Domestic and Family Violence Act 2012.  In addition, a Domestic and Family Violence Specialist Court has been established  at Southport. Together, these changes represent a significant shift in the State’s approach to the issue of domestic and family violence. In your essay, explore the following issues:  

1.  What recent trends can you asses in Queensland in terms of rates of domestic and family violence? Does it appear to be increasing, decreasing, or neither?

2.  In what ways do the amendments to legislation over the past few years reflect a change in the approach taken to domestic and family violence in Queensland? Describe some of the key legislative and policy changes that have been enacted, and identify relevant theoretical perspectives regarding crime prevention and control that are reflected in this change.  

3.  Drawing from existing research on domestic and family violence, assess whether or not these amendments are likely to be effective in significantly reducing domestic and family violence in Queensland. Provide supporting evidence for your arguments.  

4.  Finally, identify at least one additional or alternative policy strategy or approach that you think will have a significant effect in reducing domestic  and family  violence. Support your recommendation/s with existing empirical research and a strong theoretical framework.

Question 3 – Drug Use, Crime, and Social Policy  According to the Australian National Drug and Alcohol Research Centre, methamphetamine use in Australia tripled between 2010 and 2015. Many media outlets and governmental agencies have described this as an “epidemic”  that has fuelled a  corresponding  growth  in some types of crime. In turn, recent state and federal responses to illicit drug offences have on the whole become more punitive, and have seen an increase in the number of people in prison for such offences.  

Write an essay that addresses the following questions:  

1.  Is there evidence to suggest that recent  reported increases in drug use in Australia have been responsible for corresponding increases in crime? Here, you need to make sure to draw from existing empirical research, and not rely on media reports or partisan sources.  

2.  Drawing from your findings, make an argument as to whether or not the increased criminalisation of drug offenses  in Australia has been effective in reducing the use and availability of illicit drugs.  

3.  Drawing from existing research on different western  countries’ policy responses to illicit drug use in the last 20 years, provide two concrete policies that you think would be most effective in addressing serious drug abuse and/or addiction, and reducing crime-related drug offences.  Again, make sure to draw from empirical research in your answer.  

4.  When presenting your policy  recommendations  clearly identify and  apply one  or more criminological theories to support your proposals. These can  include those we cover this trimester, but you may also draw on others as you see fit.


Answer

1. 

Governor-general Quentin Bryce, the chair former of domestic-violence task force, not now, not ever gave the report common. The chair former was alarmed to see the statistics. Family violence related incidents to police of Queensland are increased to 66000 from 58000, from the year 2011-12 to 2013-14. Everyday Queensland police is experiencing 180 family violence related incidents. 17 homicides were there in the year 2012 to 2013. The statistics report indeed shocking but the matter is that the trauma that the survivors are facing cannot be known from the statistics. It does not do justice to this as Bryce, while submitting the statistics to Anastacia Palaszcuk says it. Their stories often come from zone of wars. She also said that it is also heard that the women are raped, beaten, brutalized, isolated and even controlled. Across Queensland, the task force went around in order to interview the survivors of family violence to get their personal insights regarding this violence and the trauma (Tayton et al. 2014). It travels for last 5 months for the enquiry of this .From this report a number of recommendations were drawn. Sufferers commended a court of family violence with magistrates who will be specialist in such violence cases. As Anastasia said, the government will focus on those recommendations and would take step in accordance with those recommendations. Premier Anastacia also said that violence of human rights cannot be tolerated and no excuses can be given for not taking steps to eradicate such violence. 


In the financial year of 2015 to 16, 39% increase was a number of offences of breach of protection of domestic violence. There came 22853 offences reports to Queensland police where the rate was 472 crimes part 100 thousands persons. Increase of the offences where evident in all regions of Queensland. Smallest increase was evident in the southern region at the rate was 33% where I am 34% increase rate was evident in the South Eastern region. The highest rate of increase of such violence was seen in the Northern region and Brisbane region saw lowest rate of the offences of the avoidance of domestic-violence protection order. 


Report said that male persons breach domestic-violence-protection orders much more than the female persons. The rate of males is 86 persons as compared to the women offenders. 19% 30 to 34 years aged men. Among all the offenders, 23% got notices whereas send where arrested.

Number of domestic violence and family violence applications of police 16821 in Queensland, the number of private applications is 8322, the number of other actions is 18834 and domestic violence number is 10215 in Queensland. The number of interstate order is 155 in Queensland and so the total number of applications is 70735 in the period of 2014-15. In the time period of 2015 to 16, the number of police applications is 21780, number of private applications is 8158, locations of other actions is 21393, if interested order is 143 and number of breach of domestic violence protection order violence is 22853. Show the total number of domestic violence applications is 87100 in Queensland (Johnson, 2014). Therefore, it is clearly evident that from the Year 2014-15 to the period 2015-16, the number of domestic violence applications is increased.


Unreported violence cannot be ignored and the rate is a bit higher in this case rural, regional as well as states' remote parts. To deal with this, the Queens Land need to be mowed economically developed. 

The women's legal service assists women for free. 3700 women were assisted in this year but as per data, 20000 women need this service but lack of resources is not allowing them to have that services. Rural women face increased vulnerabilities. In the rural areas, the women are often afraid to go to the police and often their afraid to visit to the lawyer. Social isolation is often responsible for that.


2. 

In every month in Queensland, more or less 6 women become the prey of death by the violent attack of their family. Six women in every month and in every week three women have to be hospitalised for their head injuries. It is also seen that women losing their lives even in front of public and their assaulted violently before public. The issue is the rising in Queensland and this issue not only based on politics but the cultural changes also needed for that matter. Attitude change and togetherness in works is very essential to eradicate family and domestic violence.


Some changes are drawn in legislations include increasing the jail terms if offenders are caught for breaching the orders of domestic violence, witness status of domestic violence sufferers , creating strangulation as particular criminal offence (Harpur & Douglas, 2014). On 16 August in the year 2016 family and domestic violence protection amendment Bill was presented to parliament. The objectives to ensure the safety of the victims before the justice in response to as well as domestic violence, and to provide more tailored and earlier protection to the sufferers. Objective of this build is force the police protection to the sufferers pending the consideration of the court. 


Criminal Code Act 1899 has some effects. Punishment cannot be given to a person doing an act until and unless it falls under the law at the time of occurrence of the offence (Prentice,  Blair & O’Mullan, 2016). If the law changes at the time of conviction, the offender will not be punished in accordance with that. in Penalties and Sentences Amendment Act 2014, penalty amount has been increased. In accordance with the gazette published by the treasurer, percentage the amounts of the penalty has been changed. On 31st March 2015, published by the treasurer in the amount of penalty unit. The amount of the $115 and the regulation prescribed 1 July 2015 is 118.45 dollar.


The definition of the family violence has been changed in order to remove that the sufferers fear call their own safety. at Section 4AB, new definition is provided that violent is the family-violence, it is threatening or behaviour of others controls any particular family and causes that member of the family to be afraid of. The new section 4AB(2) gives a details list of situations that may cause family violence.


 3 

There was a huge problem for domestic and family violence in the Queensland and these research studies definitely reduce the violence. Governor-general Quentin Bryce has made the domestic-violence task force in the increasing violence in Queensland. It has increased from 58000 to 66000 in the year of 2012 to 2014. In this violence, strong evidence will support the arguments. 


Proper evidence strongly suggests the imprisonment of the criminal. In the Queensland proper penalties are charged on the basis of Model Domestic Violence Laws, its penalty is one year of imprisonment or other offenses for an imprisonment of two years (www.communities.qld.gov, 2017) While in the family and domestic violence, the child safety is an important aspect as children include in the family problem. Kin and the family reasons will make an impact in the violence of family and domestic. This kinship and the family makes a positive impact in the while involvement in violence.


Queensland Police Service (QPS) received information from the index of DV based on family and domestic violence. QPS also got information from the criminal that states its offense regarding gender in the year from 2004 to 2007. 


Statistical Analysis Unit of Department of Justice and the General-Attorney (DJAG) has also got information from the Queensland Wide Interlinked Courts (QWIC) about family and domestic violence (Dragiewicz, & Burgess, 2016). This information had made a vital evidence for the court of Queensland against criminal violating the domestic and family violence.


In the year of 2005 of March, Queensland of Police made a manual on operational procedures for giving a safety to children .This policy is supported by Department of Child Safety to reduce the harm on the child. 


While in the violence of family, police do not get proper evidence on the criminal case of the party. In the local and non-local domestic violence, orders are likely to involve with the relation of the family members. It involves in the relation with the partners involving in a family. 


A special advantage is made by the legislation of Western Australia about removing the members if they make the high risk to the society. In this case, no proper evidence is required by the Police of Queensland to make that person charge for a criminal. Evidence also made to increase the penalty charge and imprisonment for a long time while violating the family and domestic violence. Based on the proper evidence collected by the police of Queensland, an Domestic and Family Violence Protection Act, of 1989 on protection is made for the criminals. 


There are various strategies relating to reducing the family and domestic violence in Queensland. The different strategies are rejecting the approaches towards the crime; deal with violence with family; development of the family and domestic violence. From this strategically development, made by the government of Queensland for the family and domestic violence is the best approach towards the welfare of citizen (www.police.qld.gov, 2017) While developing the strategy, the Government of Queensland tried to overcome the crimes made by the criminal while causing family and domestic violence. This strategy is made for both the local and non-local citizen of Queensland. In this strategy, the criminal needs to recover from the crimes made by them and must need to improve by the set organizations. The native community for the betterment of the society makes this organization. In these organizations, there is certain legal service made for the criminals.  This service includes with ATSILS, IFVPLS, and groups that are made by the native justice. The strategy is mainly made to deal properly with domestic and family violence. A proper rejection of crime is made for the strategy made by the Government. Moreover, due to the increased level of violence, this strategy will reduce the criminal case in the society. Criminals mainly cause family and domestic violence due to the trauma. This violence is harming towards the children in the society. Family violence affects in the family member of the society. 


Moreover, by making this strategy the criminal gets another chance for not going inside the imprisonment. Criminal must gives a penalty charge to the group made by the Government. These will make the betterment of the society in Australia. Hence, the police of Queensland do not have to collect evidence for the criminal (Breckenridge & Hamer, 2014). This strategy is only applicable when the criminal has made minor crimes on the society otherwise it is not possible for the community to recover that person. Then the proper justice is required for the criminals and it is made by the court of Queensland. 


Therefore, this strategy will help to reduce the family and domestic violence in the Queensland at a higher level.  

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