1. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com 1st Principles: JUSTICE Victor Finkel

2. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Topics: That we should elect our judges That we should bring back the death penalty That we should have mandatory sentencing for repeat offenders That we should abolish trial by Jury That paedophiles should be forced to wear tracking devices That we support at-home detention for juvenile offenders

3. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com The CJS \task group\ Define Crime InvestigationAscertain Guilt Sentence Legislatu re Decide what is a crime by making law --Sets parameters within which judges can decide Police -Identify potential breaches of the law - Judiciary Sometimes interprets the law when it is not clear -Determines if a breach of the law occurred Decide on appropriate application of penalty range

4. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com AIMS of the CJS Prevent Crime Make Society Safe

5. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com AIMS of the CJS Punishment / Retribution –of the criminal / for society & the victims Protection of Society –From repeat offences Deterrence –Of similar acts Rehabilitation –Of the criminal PROPORTIONALITY A useful concept for examining these with reference to other legislation

6. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Balancing the Aims Do the Aims ever Clash?

7. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Balancing the Aims (2)

8. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Balancing the Aims (3)

9. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Balancing the Aims (4) What about the Dealth Penalty? Reality of Deterrence is that it is limited –Rationality –Incrementally Different

10. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Balancing the Aims (4) Most debates about Criminal Justice are about balancing these aims. This means –showing the impact of the policy on each of the aims AND –Explaining which particular aims are more important in this case and WHY. Eg: “That convicted paedophiles should be forced to wear tracking devices for the rest of their lives”

11. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com GOING TOUGH ON CRIME This section is about how to take the Punishment/Retribution and Protection side first and foremost. Two things need to be done: –Show why punishment is necessary –Show why punishment is proportional and appropriate

12. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com The Rights of Criminals Criminals lose rights –Presion: Freedom of association, of speech, of movement, of voting (in some countries) Though no one loses all –Right of appeal, to a fair trial, adequate representation, freedom from torture How justify taking away? Note: Once taken away, very few people out there advocate bringing them back!

13. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Concept: The Social Contract Where do rights come from? Social Contract Theory: –Rights are a construct of a contract –We give up rights to do whatever we want –In exchange for protection from people doing whatever they want to us

14. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Harsh Punishment: Proportionality Devastating Impact on Individual Victims –Rape, Murder, Paedophiles How deal with offences such as Drug Trafficking, Property Crime, where impact on individuals may be lesser? Answer: Devastating Impact on Society eg: “That we should have the death penalty for drug traffickers”

15. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Harsh Punishment: Neccessity Establish a problem that needs fixing Issue: Crime rates are falling in most developed countries Answer? Lie? NO! PUBLIC PERCEPTION

16. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Public Perception 1.Feeling unsafe inhibits ability to excise rights 2.When justice appears inadequate people take justice into their own hands - Vigilantes 3.Concentrates crime due to demographic change (Sometimes) - Broken Windows Theory e.g. New York

17. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com GOING SOFT How to focus on Rehabilitation Why matters?

18. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Combating Perceptions 1.Numbers: Crime Rates are falling across Australia and most parts of the developing world 2.Soft: Prison population is rising and for some crimes incarceration rate is increasing. And not getting off lightly either - 96% of Murderers, average >18 years in jail 3.Judges out of Touch: When people know the full facts of the case, are often more lenient than judges - Melbourne Uni Study

19. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Rehabilitation reduces Crime! It works - example: Victoria It reduces suffering associated with future crimes Saves government extremely high costs of incarceration (people in prison)

20. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com We need Rehab to work!

21. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Where does Rehab Work Best? How does Rehab work? –Changing Mindset Where does this work best? –Prison programs –Diversionary Centres –Community Outreach

22. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: SENTENCING Our system preserves significant judicial discretion in sentencing Safeguard To meet aims of justice system, each person needs to be dealt with differently “Tough on crime, but also tough on the causes of crime.” Factoid-within-a-Factoid: Victim Impact Statements?

23. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: LAWYERS The Australian legal system is ‘ADVERSARIAL’ This means that judges and juries can only decide on what is presented to them in the court. Thus, Lawyers are crucial There is such a thing as a good lawyer and bad lawyer -> what does this say about our Justice system? Alternative: INQUISITORY

24. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: JURIES Most serious felonies are tried by Jury Panel of 12 “Average Reasonable People” called to serve Panels are vetted by lawyers Role of Judges: –direct juries on matters of law and inadmissable evidence. –Set the sentence Why do we have Juries? Are juries an accurate reflection of society?

25. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: LEGALISING vs DECRIMINALIZING LEGALISING –Totally acceptable –No related offences –Benefits: Frameworks, government standards DECRIMINALISING –There’s not really a legal process –BUT, focus on the ‘actual’ criminals –Benefits: Keeps it illegal, but doesn’t stomp on the pawns Example “That we should decriminalise the act of prostitution”

26. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: PRISONS Are prisons effective at Rehabilitating people? –Isolation from Society –Bad Influences

27. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: YOUNG PEOPLE Minors are treated differently by the law –<10, cannot be criminally liable –10-14 in between –14 - 18 can be held criminally liable Emphasis on Diversion Concept: Labelling Juvenile Detention as Last Resort

28. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: VOTING In Australia: –You cannot vote while in Prison –However, you can vote if you are a convicted criminal, just not in prison, or have been released –Thus, whether you lose the right to vote or not is up to random chance for shorter gaol sentences. In America –?

29. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: POLICING Significant operational discretion is utilised Why? Harms of Discretion Zero Tolerance Community Policing

30. www.monashdebaters.comwww.monashdebaters.com | monash_debaters@hotmail.com Factoid: HOW DO SOCIETIES DECIDE WHAT IS A CRIME What constitutes a crime is a relative concept Between societies –There are some common crimes –There are some different crimes And some change with time CLASH is UNIVERSAL RIGHTS vs MORAL RELATIVISM