criminal justice system

August 12th, 2015

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criminal justice system

ASL1003
Criminal Justice Systems

Assessments

CONCEPTUALISING CRIME
1

Introduction to the Unit
What constitutes a crime?

What is crime and who is the
criminal? Chapter 1: 3-24

Discussion of Unit Outline.
Selection of tutorial presentation
Weeks 2-11
Skills for assignments

Crime in a social context
– Crime statistic

The distribution of crime over
populations, space and time.
Chapter 2: 25-52

4.1: Set discussion question

Crime and the media

Crime and the media. Chapter 3:
53-68

4.2: Set discussion question

Skills for assignments

CONCEPTUALISING CRIMINALS
4

Sociological explanations Sociological explanations for
of crime
crime. Chapter 5: 97-124

1. Collaborative presentation
4.3: Set discussion question
2. Media Research Essay Week 4
due Friday 14 August 2015 by 17.00,
VU Collaborate – Turnitin and
hardcopy

Youth crime, and crime
in the street, subcultures

Youth and crime. Chapter 6: 125150

1. Collaborative presentation
4.4: Set discussion question

Crime in the Streets. Chapter 7:
151-170
6

Crime and the home,

Crime and the home. Chapter 8:
171-191

1. Collaborative presentation
4.5: Set discussion question
3

Week Issue for discussion

Weekly Essential Readings

Tutorial presentations &
Assessments

CONCEPTUALISING CRIMINAL JUSTICE
7

Criminal justice system

The criminal process &
Innovative justice
processes

Aims of the criminal justice system.
Chapter 17: 389-406

1. Collaborative presentation

The Criminal Process. Chapter 19:
345-454

1. Collaborative presentation

4. 6: Set discussion question

4.7: Set discussion question

Innovative justice processes. Chapter
20: 455-482

CONCEPTUALISING PUNISHMENT
9

Community based
corrections

Community-based corrections.
Chapter 22: 507-526

1. Collaborative presentation

Crime prevention and
reduction

Crime prevention and reduction.
Chapter 23: 527-546

1. Collaborative presentation

4.8: Set discussion question

4.9: Set discussion question

MID SEMESTER BREAK 28 SEPTEMBER – 2 OCTOBER 2015
11

Victims and criminal
justice

Victims and criminal justice. Chapter
24: 547-572

1. Collaborative presentation
4.10: Set discussion question
Discussion of essay topics

Conclusion: Crime in an Crimes across borders Chapter 13:
international perspective 275-302
International crimes. Chapter 14: 303326

Discussion of essay topics
3. Final Essay Week 13, due 23
October by 17.00 (23/10/15),
VU Collaborate – Turnitin &
Hardcopy

GENERAL INFORMATION
Scholarly writing, plagiarism and copyright
An academic course of study requires students to source information in a number of different formats
including scholarly information, data, and analysis, reasoned arguments and the insights of others. Part of
what it means to be a ‘scholar’ is to engage with the work of others, for example, to extend or refine one’s
own ideas, review the work of others, or test and extend theories. However, remember to give credit
where credit is due, that is, acknowledging the work of others in your own work by using the correct
referencing system. Failure to acknowledge other people’s work appropriately may be regarded as
plagiarism or academic misconduct. VU deals with plagiarism according to the Academic Honesty and
Preventing Plagiarism policy https://policy.vu.edu.au/students.php.
Copyright law gives the owner of text, photos, pictures, films and recordings the rights to control
reproduction, publication, communication, performance and adaptation of their work. All students and
staff of Victoria University are bound by the requirements of the Copyright Act (1968) when using third
party copyright material in the course of their research and study.
For information on copyright entitlements and responsibilities for study and research please see,
vu.edu.au/library/referencing-copyright/copyright.
Referencing requirements within this unit
The referencing convention that is applicable to this unit is the Harvard system
Academic writing and referencing guidelines:
Two VU online support sites on academic writing and appropriate referencing are:
•
•

vu.edu.au/library/referencing-copyright/referencing-guides
vu.edu.au/campuses-services/student-support/language-learning/academic-writing

VU website
•

Student life (vu.edu.au/student-life) – Everything you need to know about studying at VU, from
your first day to your graduation and beyond.

•

Course
structures
(http://www.vu.edu.au/student-life/enrolment/enrolment-schedules/artsenrolment-information) – Understanding how your course is set up will help you select your units
and track your progress through your degree.

•

Calendars & timetables (vu.edu.au/student-life/calendars-timetables/timetables) – Find when and
where your classes are held. It is worth checking My Timetable close to the start of semester in case
anything has changed.

•

Student email (vu.edu.au/student-tools/student-email) – Learn how to access your student email
account. We will send you important emails during the semester and it is crucial that you are able to
access this information.

•

Assignment cover sheets & forms (vu.edu.au/student-tools/student-forms) – Download your
assignment cover sheets and access many other student administration forms related to your
enrolment.

•

Students’ rights and responsibilities (vu.edu.au/about-us/vision-mission/student-charter) – It is
important for you to know your rights and responsibilities as a student at Victoria University so that
you are able to exercise them appropriately.

•

Referencing Guidelines (vu.edu.au/library/referencing-copyright/referencing-guides) – here you fill
find a guide to the writing and presenting of essays. It contains an overview of structuring essays, of
providing comprehensive references (Oxford, Harvard and APA) and of compiling a reference list.
On this page is a student’s guide to plagiarism, how to avoid it and the penalties involved in
engaging in plagiarism or academic dishonesty.

Teaching and Learning support
VU provides a range of face-to-face and online support for all students for assistance with assignments
and writing, and learning effective ways to study and manage time.
5

[1] Learning Support Services staff offer one-on-one consultations at Footscray Park campus; go to
tls.vu.edu.au/cf/abs/default.cfm or call 9919 4744 to make an appointment. You can also submit a draft
of your assignment/s for feedback and comments directly to studentlearning@vu.edu.au.
[2]Writing Space is a peer-assisted writing centre where students can speak to a writing mentor (a senior
student) about assignments, particularly what you are writing, what you plan to write, or have the mentor
read over what you have written.
•

Footscray Park: Level 2 of the Learning Commons in Building P between 2-6pm, Mondays to
Wednesdays, and 12-4pm, Thursdays and Fridays.

•

St Albans: Learning Commons Open Area (opposite Careers offices) between 2-6pm, Mondays to
Wednesdays, and 12-4pm, Thursdays and Fridays.

Writing Space generally runs from week 2 to week 12 each semester
[3]SNAP.VU snap.vu.edu.au/ is the latest addition to online learning support at Victoria University.
SNAP.VU is a social learning site where you can create a profile and get resources recommended to you
based on your study interests
• personalise your pages
• ask and answer other students’ questions on the discussion forum
• read and comment on blogs
• watch and rate video casts made by other VU students
• create and join online study groups
• find out how you can get involved in students supporting student learning
[4]The Learning Hub tls.vu.edu.au/vucollege/learninghub/index.html offers various academic support
services to students, including:
• Study skills workshops
• Transitional issues for students new to higher education
• FAQs – the questions often asked by students
• Skills needed for your studies e.g. oral presentations
• General study skills – What is a lecture? What is a tutorial?
• Exam techniques
• Writing academic essays
• Information specific to particular units or courses
• Postgraduate and international students
• Mentoring
• Plagiarism
Useful resources
vu.edu.au/study-with-us/your-study-options/how-courses-work
vu.edu.au/campuses-services/student-support/learning-study
http://www.vu.edu.au/campuses-services/student-support/academic-support-development
Handing in assignments
Any option for late assessment submission must be discussed and agreed upon with the unit coordinator.

Extensions, Alternative Examinations and Special Consideration
If you are not able to submit your work by the submission date or able to attend the final examination,
and there are grounds (medical, personal hardship, extenuating circumstances, etc.) for not attending
the examination or submitting your work on time, or for your performance being impaired.
You may submit an online application for an extension, an alternative exam or for special consideration.
You can find information and forms for Special Consideration, Alternative Examinations and
Supplementary
Examinations
at
http://www.vu.edu.au/student-life/exams-results/specialconsideration-supplementary-exams. All applications for special consideration from students studying in
Australia should be submitted within three (3) working days of the submission date of the assessment.
You may need to contact a student counsellor to assist you with this process. For further information,
please see: vu.edu.au/student-life/getting-help/counselling.
Supplementary Assessment
It is university policy that students who receive between 45 and 49% for their semester’s mark be
offered supplementary assessment. Should your end-of-semester mark fall into this range it is your
responsibility to contact your unit coordinator by email immediately after receiving your final mark.
For this unit, supplementary assessment will not take the form of a supplementary examination.
Missing grades
It is your responsibility to check your transcript when it is released at the end of semester to ensure
there are no grades missing from your record. Should you believe, at the end of this semester, that you
are missing grades from this semester, the course coordinator will follow up on missing grades but
only if notified by email within a month of grades being released.
Arrangements for Students with a Disability
See the unit coordinator
Student Complaints Resolution
Victoria University has a Student Complaints Resolution policy to guide you through the steps you can
take to resolve issues related to your time at the University. If your issue relates to your study, the first
step is to raise it directly with the relevant academic staff. You also have the option to make a
confidential appointment with a Student Advocate if you are unsure how to approach the situation. For
more information go to vu.edu.au/student-life/getting-help/student-complaints-resolution
Succeeding at Victoria University
As a university of opportunity, Victoria University is committed to providing all students with the
opportunity to succeed in their studies. If you require any support during the semester, you are advised
to speak to your unit co-ordinator, course co-ordinator or class teacher. There is also additional support
and guidance for students.
At VU, we have a range of support, development and guidance and opportunities for you outside the
classroom as part of your learning experience. The portal (vu.edu.au/student-tools/myvu-studentportal) provides detailed information on a range of student services (outlined in Table C below) with
which you will find helpful.
Providing feedback: Student Evaluation System (SES)
Your feedback on your experiences within this unit is important, because it assists VU to improve the
learning experience of units and courses for future students.
You are encouraged to provide informal feedback directly to your unit and course co-ordinators. The
University also collects your anonymous feedback systematically through the Student Evaluation Survey
(SES), the name for the two combined student evaluation instruments: the Student Evaluation of Unit
(SEU) and the Student Evaluation of Teaching (SET). Students are asked to complete the SEU and
SET near the end of each unit on the VU webpage. SEU and SET results are anonymous, and are not
made available to the teaching staff in the unit until after the University has released your final grades.

INTRODUCTION ASL1003 CRIMINAL JUSTICE SYSTEMS
This unit of study introduces the structures, roles and processes of the criminal justice system – courts,
corrections and policing, whilst taking a critical criminological approach. Students will examine current crime
trends, and consider the notion of moral panic and crime. Further, students will examine current and
historical approaches to penology and punishment, and the pushes and pulls upon reform.
Format
This unit will be conducted as one (1) hour lecture and one two (2) hour tutorial each week for 12 weeks.
Class Materials:
•

Unit literature: Marmo, W. de Lint, and D. Palmer (eds.)(2011) Crime and Justice, A Guide to
Criminology. Thomson Reuters. The Library has six (6) copies; three (3) of the copies are placed in the
Library Reserve. The book is an excellent reference book that will support you in your studies
throughout this course. Additionally, it should be possible to find a second hand copy of the book if
you do not wish to buy a new copy.

•

Other essential and some recommended articles; chapters and extracts from a range of sources
are posted on VU Collaborate. You are required to complete the essential reading each week in
order to participate in tutorial discussions and to complete your assignments.

•

Further readings will be available in electronic form via the library catalogue (e-reserve), via VU
Collaborate, via e-journals and in hard copy on the library general and reserve shelves.

•

VU Collaborate, as ASL1003 students, you should be automatically enrolled in VU Collaborate, an
important gateway to on-line resources, assessment tasks, tutorial notes, announcements and other
important information related to this unit.
Check as soon as possible to see if you can access the ASL1003 site. If not, inform your unit
coordinator straight away by email. See below for contact details. Make sure you include in your
message your full name, student number and this unit code ASL1003.

ATTENDANCE:
•
•

•

A minimum of 80% attendance is expected at lectures and tutorials.
Weekly readings of the set text are essential each week to gain the fundamental knowledge
of the unit content. One discussion question should be submitted through VU Collaborate
before the lecture in Weeks 2-11.
The week’s reading will be discussed in detail in the tutorials. Therefore, you need to have
read the chapter/s to participate in the discussions before you attend the tutorial session.

Staff:
•

Unit Coordinator: Dr Charlotte Fabiansson

•

Room: E 408 (Footscray Campus).

•

Email: Charlotte.Fabiansson@vu.edu.au, the preferred contact method

•

Telephone: 03 9919 4447

•

Consultation times: Tuesday 14-16; Wednesday 16-18; other times by appointment

•

Tutors: Dr Carmel Brown; Carmel.Brown@vu.edu.au &
Dr Ivan Krisjansen; Ivan.Krisjansen@vu.edu.au

VICTORIA UNIVERSITY LEARNING OUTCOMES & GRADUATE CAPABILITIES
Victorian University has identified six key learning outcomes and capabilities for graduates, which must be
embedded in each course and unit. These are to ensure each graduate of Victoria University will attain these
capabilities, skills and knowledge’s, in addition to your technical and field of study-specific knowledge and
skills.
Learning outcomes: On completion of this unit, students are expected to be able to:
1.

Understand crime, justice and punishment from a historical and socio-political perspective.

Evaluate the extent of crime in Australia, including notions of measuring crime and defining crime.

Identify the roles and responsibilities of the criminal justice system in Australia.

Explore and understand definitions of justice – including retributive, restorative and actuarial.

Understand the principles of punishment employed in the criminal justice system.

Recognise the contemporary understandings of punishment and the relationship with crime and
justice.

Core Graduate Capabilities: On successful completion of the unit you will be practised, at a level
appropriate to undergraduate learning, in the following:
1.

Problem solve in a range of settings;

Locate, critically evaluate, manage and use written, numerical and electronic information;

Communicate in a variety of contexts and modes;

Work both autonomously and collaboratively;

Work in an environmentally, socially and culturally responsible manner; and

Manage learning and career development opportunities.

For more information, visit the web site: http://tls.vu.edu.au/portal/site/design/graduate_capabilities.aspx

WEEK-BY-WEEK LECTURE & TUTORIAL GUIDE

Criminal Justice Studies Web link: http://guides.library.vu.edu.au/criminaljustice
CONCEPTUALISING CRIME
The unit will begin by considering the notion of crime as lacking inherent meaning, and to explore the
categorisation of crime as a social construct. Crime can be examined as a form of social control, which takes
shape based on the socio-economic context and the historical fabric of the society. We will untangle the
main sociological approaches to crime; how crime is defined, presented in mass media, and how is it
reflected in crime statistics. Throughout this unit, we will examine various types of crime, including crime
against person and domestic violence, youth and street crime, property crime, state and transnational crime.
WEEK 1

INTRODUCTION

TOPIC FOR DISCUSSION
The term ‘crime’ is often ‘taken-for-granted’ as having a universal definition, but the definition what
constitute a crime is time and society specific. Crime is often poorly defined in contemporary Australian and
international research and there is a considerable debate amongst scholars working in different theoretical
traditions about the appropriate definition of crime. This reflects broader public division about the types of
behaviour or people that are classified as being criminal.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) What is crime and who is the criminal? Chapter 1:3-24
Tutorial: Introduction to the Unit – What constitutes a crime?
This tutorial focuses on an introduction to the unit and a discussion of the unit outline. Presentation topics,
assessment tasks and expected student participation, outcomes, and contributions for the semester are
discussed in detail.
Based on the lecture presentation, we will discuss what constitutes crime and how to define criminal activity.
We explore crime as a social and political process and discuss the interrelationship between criminology,
social policy and questions concerning whether or not there is a general theory of crime. We also investigate
who can be considered a criminal alongside different definitions of human rights.
Each week you are required to read the set reading, one or two chapters. After each chapter, there is a
list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to
have read the chapter/s beforehand and be prepared to respond to and discuss the questions.
In weeks 2-11, a set question needs to be responded to and submitted through VU Collaborate in the
week’s designated Dropbox.
This assignment (4.1-4.10) is due before the week’s Wednesday lecture, 15.00 (3pm). The
submission date and time are recorded automatically.
WEEK 2

CRIME IN A SOCIAL CONTEXT – CRIME STATISTICS

TOPIC FOR DISCUSSION
What is the validity of assembled Crime Statistics and how can they be interpreted? We outline some
enduring and emerging patterns in the interpretation of statistics and discuss the most common sources of
crime data; in particular, police recorded crime and crime surveys. We explore how crime statistics are
generated, not only by the behaviour of offenders but also by the way, that victims, bystanders and police
respond to and count that behaviour. This lecture considers the ways in which a fragmented social world can
be presented in statistical forms. Theory enters the discussion in relation to the period between 1970 and
1990s. This period coincided with the beginning of post-modernism discourses, which saw researchers
questioning modernist assumptions about human subjectivity. Explanations of crime become increasingly
sensitive to the differences in patterns of offending, victimisation and criminalisation based on gender,
ethnicity, and sexual orientation.
10

Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) The distribution of crime over populations, space and
time, Chapter 2: 25-52
Tutorial: Selection of tutorial presentation topics, Weeks 3-11
Discussion issues: crime statistics [http://www.abs.gov.au]
Assignment 4 (4.1-4.10):
Each week you are required to read the set reading, one or two chapters. After each chapter,
there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you
are required to have read the chapter/s beforehand and be prepared to respond to and discuss the
questions.
SET QUESTION: ASSESSMENT TASK 4.1: Use the charts in the book or consult the web links given
at the end of the chapter. Respond to the question: In Australia, what groups are at highest risks of
personal crime? What do you think explains this pattern?
Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before
the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically
WEEK 3

CRIME AND THE MEDIA & INEQUALITY OF CRIME

TOPIC FOR DISCUSSION
Mass media is the most general informer of crime in society. We will examine the role of mass media in this
lecture. Mass media influences the understanding of crime and it has an impact on public policy. Thus, how
mass media presents the crime will influence our view about the severity of the crime and the perpetrator/s.
Media reporting will also influence our perception of risks and possible exposure to crime. Sometimes the
media is also presenting solutions to restrict crime. We will focus on newspaper and television reporting of
crime. We will also explore inequality and social structure and how it influences criminality. Social structures
regardless of whether they are economic (capitalism), gendered (patriarchy) or ethnically derived
(colonialism) will play a role in shaping the crime configuration in society.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Crime and the media, Chapter 3:53-68
Assignment 4 (4.1-4.10):
Each week you are required to read the set reading, one or two chapters. After each chapter,
there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you
are required to have read the chapter/s beforehand and be prepared to respond to and discuss the
questions.
SET QUESTION: ASSESSMENT TASK 4.2: Can you identify an episode, behaviour, group or policy
that might have the potential to form a moral panic in the future? What do you think are some of the
key elements for this construction? Examples are institutional sex offence inquiries, terrorist-related
legislation.
Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before
the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically
CONCEPTUALISING CRIMINALS
In this section, theories of free will and biological determinism are explored. Explaining criminality via the
classical debate is still continuing. Based on responses to the classical debate this section explores
victimisation theories; strain theory and labelling theory.
These theories are applied to issues of Indigenous, ethnic and hate crime, and critiqued in terms of how they
stereotype these groups. Gender differences in relation to crime are examined and whether or not male
crimes against women are treated differently due to the position of men in society.
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WEEK 4

SOCIOLOGICAL EXPLANATIONS OF CRIME

TOPIC FOR DISCUSSION
Since its origin, the criminological imagination has devoted considerable energy to the task of explaining
crime. Theoretical explanations of crime can be understood as a ‘story’ centrally concerned with a societal
‘battle between deviance and social control’. Given the inter-disciplinary character of criminological inquiry,
the explanations have emerged over time and come to express diverse explanations with sometimes
contradictory perspectives on why individuals, groups, corporations, institutions or the state may engage in
criminal behaviour. The focus will be on sociological explanations.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.), (2011) Sociological explanations for crime, Chapter 5: 97-124
Collaborative group presentation topic/s:
A:

Use at least two sociological based criminology theories. Explore how property, personal, and state
crimes can be analysed and explained from the selected theories. Give examples and scenarios that
demonstrate how the different theories explain property, personal, and state crimes.

Inequality increases the social distance between elite or powerful groups and other members of
society. How is this inequality influencing a society’s crime situation and how can crime be explained
from a societal perspective? Give examples where you explore different scenarios that can inspire to
criminal activities and situations limit the occurrence of crime in a residential and in a commercial
area.

YOUTH CRIME, AND CRIME IN THE STREET, SUBCULTURES

TOPIC FOR DISCUSSION
Unlike the nouns ‘child’ and ‘adult,’ which refer to define periods of life, the period identified as ‘youth’ is
more nebulous in normative society because in conjures up troubling and emotive images (Muncie 2009:4).
To avoid negative connotations associated with the term youth, the use of the term young people is often
applied instead. Anxiety and ‘respectable’ fears about young people have historical and contemporary
incarnations: from concerns in Victorian society over street gangs of young people, including larrikins in
Australia, to present fears over young people’s alleged anti-social behaviour. Street crimes are the most
visible crimes, as they take place in the public space and fear of crime is often based on common sense
perceptions and not reality. Public order crimes are offences that involve prohibited forms of public
behaviour often seen as committed by young people.

Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Youth and crime, Chapter 6: 125-150; and Crime in the
street, Chapter 7: 151-170
Collaborative group presentation topic/s:
A:

Explore a ‘typical’ youth crime and how is it viewed in society by different authorities and the public.
What are the strategies that are applied in the Australian society to prevent, but also ‘save’ young
people from following a criminal path? Include examples and discuss how these examples are
viewed from different societal perspectives.

Explore a typical street crime and explore the social, cultural and economic factors that might
explain why people become involved in street crimes. What are the social, legal, cultural and
economic implications of street crimes? Give examples.

CRIME AND THE HOME

TOPIC FOR DISCUSSION
The most dangerous place for most people is the home. This week we will discuss crimes within the home.
Here we have homicide, family violence, child abuse and elder abuse. In addition, fraud and theft can be seen
as crimes in relation to the home. What then is a ‘home’? The home is a private space and from an historical
perspective, the regulation of crimes in the home, especially connects with physical and sexual abuse between
adults. Inequality within the family setting is of special concern in the home, but how the criminal is depicted
– as not a well-respected family person and someone with a low income, unemployed, homeless and possibly
a drug user.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Crime and the home, Chapter 8: 171-191
Collaborative group presentation topic/s:
A:

Family violence and violence against women are highlighted in mass media from time to time. Laws
and policy identify which actions constitute family violence. You will explore laws concerning such
violence and respond to why family violence is a societal problem. In what social context do they
occur? How do we understand the reasons for family violence, and what is being done to change
perceptions? What support networks are there and how effective has this support been so far? Give
examples.

Who is classified as a ‘criminal’? Analyse who is classified as a criminal, look at it from a historical and
contemporary perspective and from different societal perspectives. Are all criminals the same in
historical and contemporary society or are they different depending on the period and the crime?
Besides, who defines the criminal act and the criminal? Think about individual, group, and state
crimes. Give examples.

SET QUESTION: ASSESSMENT TASK 4.5: What are the strengths and weaknesses of criminal justice
responses to violence in the home? Can you think of any promising alternatives?
Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before
the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically
CONCEPTUALISING CRIMINAL JUSTICE
In this section we analysis the criminal justice system, how the criminal justice system processes ‘offenders’.
We will discuss and critically analyse the disciplinary society and police culture, and we will examine the use
of police discretion in terms of arrest, interrogation and the construction of police evidence. Criminal justice
is time and society derived, hence the need for innovative justice processes to reflect modern social crime
theory and practices. The procedures around gaining bail will be considered alongside the implications for
the presumption of innocence.
WEEK 7

CRIMINAL JUSTICE SYSTEM & POLICING AND LAW ENFORCEMENT

TOPIC FOR DISCUSSION
This week we discuss the purpose, aims and values of the criminal justice system and the controversy
surrounding the following terms: system, justice and criminal. Central to the criminal process is the exercise
of discretion by police officers, prosecutors, defence attorneys, judicial officers, probation officers and
community and institutional correctional staff. We will discuss some of these elements, such as the agencies
that form the justice system and the passage of cases through it. Policing and law enforcement research have
been extensive within criminology, especially concerning topics such as police training and education and the
comparative studies of police nationally and internationally, law and order, public relations and other
contemporary issues.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Criminal Justice System, Chapter 17: 389-406
Collaborative group presentation topic/s:
A:

Explore the Australian criminal justice system and discuss the pathways for a young offender who has
been apprehended for criminal acts. How is a case built and taken through the court, judgement and
custodial prison phases? Give examples of different scenarios and focus on one example of how an
actual crime has progressed from apprehension to committal.

THE CRIMINAL PROCESS & INNOVATIVE JUSTICE PROCESSES

TOPIC FOR DISCUSSION
The term criminal justice system is not really a system, but more like a convenient arrangement for a number
of state-run bureaucratic institutions that deal with offending and offenders. These institutions are best
described as: the investigative arm (such as the police and other prosecution authorities, including the
Australian Crime Commission), the adjudicative arm (the criminal courts), and the correctional arm (prisons,
community corrections and probation and parole services). To combat crime we are moving currently in two
directions: (1) innovation, which promises to change established forms of criminal justice and to do justice
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differently and (2) repetition, which promises to intensify established forms of criminal justice, and to do
justice more effectively and often in a more punitive fashion.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) The Criminal Process, Chapter 19: 345-454; and
Innovative justice processes, Chapter 20: 455-482
Collaborative group presentation topic/s:
A:

Select a criminal case and take it through the Australian criminal process. Consider the whole
procedure from arrest, prosecution, criminal court, trial, sentencing, and different ways to appeal the
sentence. Compare Indigenous people and non-Indigenous people going through the Australian court
system.

What are the similarities and differences between restorative justice, Indigenous justice and therapeutic
jurisprudence? Explain the similarities and differences. Give examples to highlight the differences and
similarities.

Assignment 4 (4.1-4.10):
Each week you are required to read the set reading, one or two chapters. After each chapter,
there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you
are required to have read the chapter/s beforehand and be prepared to respond to and discuss the
questions.
SET QUESTION: ASSESSMENT TASK 4.7: Comment on the claim that the 2003 and following antiterrorism laws have allowed the abrogation of fundamental rights and liberties. Argue for and against
their repeal.
Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before
the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically
CONCEPTUALISING PUNISHMENT
We will conclude this unit with considerations of the politics of crime and punishment. Differences are most
obviously demonstrated in the shifts of the criminal justice policies. In the aftermath of WWII, the criminal
justice system was focused on rehabilitation and social reintegration of the offender. David Garland refers to
this ‘modernist’ approach as ‘penal welfarism.’ The rise of individualism, small government, social anxiety,
insecurity and scepticism in the 1970s (e.g. would think 80s e.g. Thatcher, Reagan) shifted the focus of the
criminal justice system to ‘law and order’. This involves avenging the victim and punishing the offender.
Post-modern and other criminologists have responded with alternative approaches to sentencing and
punishment, such as restorative justice and circle sentencing. These will be examined critically as well as
considering recourse through international criminal justice system. The globalisation of crime and the
character international law is gaining more importance.
WEEK 9

IMPRISONMENT, DETENTION & COMMUNITY BASED CORRECTIONS

TOPIC FOR DISCUSSION
Carl Williams was murdered inside Victoria’s Barwon Prison in April 2010. Is a prisoner safe in the prison
system? This question can be asked in the light of this case. The highest level of prison security was unable to
avert what turned out to be a very traditional sort of prison crime, where a fellow inmate allegedly beat
another prisoner to death. In the context of Australian colonial period, when convicts were transported from
England, it can be argued that the transportation system was the punishment, and penal colonies where the
prison. If the prisoner did not behave according to the social and criminal order, she/he could be sent for
‘secondary punishment’ in a place providing conditions for further isolation. We will consider from a critical
perspective more contemporary community correction options.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Community-based corrections. Chapter 22: 507-526

Collaborative group presentation topic/s:
A:

What makes a prison safe, and why are some of them never safe? Discuss the social environment of
contemporary and historical prisons, give examples and compare them. Why would some people
prefer an historical instead of a contemporary prison and who is likely to ‘survive’ within the prison
system, and who is not?

Consider traditional and contemporary correction systems, what system is more appropriate for the
individual, and the society? Who benefits from the different correction systems? Give examples when
the legal system imposes punishment that is in conflict with community sentiments. Include examples
and different situations when imprisonment or other deterrent methods of correction are/can or
should be used. List the pros and cons to imprisonment for different types of crimes.

CRIME PREVENTION AND REDUCTION

TOPIC FOR DISCUSSION
Crime prevention is as old as crime itself. In all societies, people have tried to protect themselves and others
from criminal assault and abuses. The very concept of property carries with it provisions and procedures for
helping owners or custodians to safeguard what they see as theirs. In modern times, prevention strategies did
not begin to emerge as a distinct policy theme in Western European democracies until the late 1970s.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Crime prevention and reduction, Chapter 23: 527-546
Collaborative group presentation topic/s:
A:

Discuss definitions and techniques around crime prevention. Compare, contrast, and give examples of
environmental prevention, social prevention, and other forms of crime prevention and explore
Australian practices and conditions. Give examples.

28 SEPTEMBER – 2 OCTOBER 2015

WEEK 11

VICTIMS AND CRIMINAL JUSTICE

TOPIC FOR DISCUSSION
Victims now play an expanded role within the Australian justice system. For many years, the very people
most directly harmed by a crime were largely excluded from the criminal justice process. A feature of the
adversarial system of criminal justice is that offenders are put to trial, not because of any harm that they have
done to a victim, but because, in causing harm to another, they have broken the laws of the state. The trial is
seen as a contest between the state as the prosecutor and the offender as the defendant.
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Victims and criminal justice. Chapter 24: 547-572
Collaborative group presentation topic/s:
A:

Discuss the victims’ role in different phases of the criminal justice system. Give examples and
scenarios where the victims have a role in the sentencing and the rehabilitation of the offender. What
are the likely impacts of victims having a role in the sentencing phase?

Tutorial: Discussion of essay topics
Assignment 4 (4.1-4.10):
Each week you are required to read the set reading, one or two chapters. After each chapter,
there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you
are required to have read the chapter/s beforehand and be prepared to respond to and discuss the
questions.
SET QUESTION: ASSESSMENT TASK 4.10: What changes would you make in the criminal justice
systems in Australia to stop secondary victimisation? Give examples.
Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before
the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically
WEEK 12

CONCLUSION

CRIME IN AN INTERNATIONAL PERSPECTIVE

TOPIC FOR DISCUSSION
Until recently, crime was mainly viewed as a domestic problem; each country defined their criminality using
domestic criminal law. Well into the 20th century, almost all crimes were local in nature and were committed
by citizens or corporations of nation-states against fellow citizens or other entities of the same state. Today
crimes are committed towards other countries.
During the course of the 20th century, more than 100 million people died in armed conflicts. Many of those
killed were not soldiers but unarmed civilians. Outside of armed conflicts, can the killing of innocent people
be tolerated?
Required weekly readings:
M. Marmo, W. de Lint, and D. Palmer (eds.)(2011) Crimes across borders, Chapter 13: 275-302; and
International crimes. Chapter 14: 303-326
Tutorial:
Tutorial discussion of the two chapters & Discussion of essay topics

ASSESSMENT
GENERAL ASSESSMENT SUBMISSION GUIDELINES FOR SOCIOLOGY & CRIMINAL
JUSTICE UNITS
Overview of Assessment Submission Guidelines for Sociology units:
Cover sheet
Please submit a cover sheet with all assignments (type your name instead of a signature for Turnitin
submissions).
Your own words: in doing this you are signing that it is all your own work and written in your own
words. Plagiarised work will be referred to the school’s plagiarism committee, in line with school
policy.
You must keep a copy of your assessment for your own records.
Turnitin
You are required to submit all your assessment through the designated Dropbox and Turnitin
(plagiarism assessment), on the unit’s VU Collaborate page.
You are also required to submit a hardcopy, which is exactly, the same as the copy submitted to
Turnitin.
Extensions
Should you have a reason for not being able to submit your essay on time, such as you are sick, please
complete an extension form and discuss this with your lecturer or tutor. This must be completed on
or before the due date. It is up to your lecturer whether they will grant extensions.
Extensions are not granted for more than two weeks, unless accompanied by an Application for
Special Consideration form.
Late penalty
Late assessment, after the due date or after the date an extension was granted, will incur a deduction
of two per cent per day. Once you have lost 20% you will be marked on a pass/fail basis. The late
penalty is deducted off the top of this mark.

UNIT ASSESSMENTS
The assessment for this unit is as follows:
Assessment

Topic

Due week

Time & Word limit

Per cent %

Media research
essay

Week 4: 14 August by
17.00. (14/08/15)

1,300 (+/-10%) words

Collaborative
presentation and
research report

Presentation: Weeks
4-11

7-10 minutes
presentation + 5 minutes
tutorial discussion,

The written report is
due the week after
the presentation
week

Report: Weeks 5-12

Group report: 1,000 for
the first group member
and 750 words for each
additional group
member (+/-10%)

Final essay

Week 13: 23 October
by 17.00 (23/10/15)

1,900 (+/-10%) words

Ten (10) set
discussion
questions listed in
the outline Weeks 211

Weeks 2-11

A short paragraph about
150-200 words, or use dot
point answers, minimum
5 dot points per question

Submit your response
before the Week’s
lecture – Wednesday 15.00 (3.00pm)

Total

100

Procedure for all assignment tasks: All assignment tasks should be submitted through VU Collaborate
and the designated Dropbox and Turnitin for plagiarism assessment on the day or before the due date the date and time of your submission is automatically recorded. You are also required to submit a
hardcopy, which is exactly the same as the copy submitted to Turnitin to be handed in at your tutor’s
box in Building E Level 2 or in Box 5, Level 2, Building E.
NOTE: All assignment tasks are pieces of formal academic writing. They require formal documentation
of all sources, academic and non-academic, and a reference list giving full details of your sources at the
end of the report or essay. Include 3 to 5 academic references, the unit textbook should always be
the first source for research, but you also need to include research and sources beyond the
textbook. Students who do not conform to the academic conventions of referencing and documenting
their sources will have their work returned to them unmarked.
The assessment tasks in this unit are individual and independent assignments, except for the
collaborative presentation and research report. Working with other students constitutes collusion.
Evidence of collusion will result in a mark of zero and disciplinary procedures may follow.
1.

Media Research Essay, due Week 4: 14/08/14

25%

This is an individual assignment. You need to view three YouTube clips:
1.

Necessary
Illusions
Manufacturing
Consent

with

Noam

Chomsky

–

Stuart Hall-Representation & The Media 3of4 – https://www.youtube.com/watch?v=UjVuE5Df_qA

Violent Racist Leb/Arab Gangs of Melbourne – https://www.youtube.com/watch?v=Ly4qk0FvEC0

When you have analysed these three clips, respond to the below four questions. You need to respond to all
four questions:
Question: 1) Stuart Hall claims that the media is one of the most powerful systems for the circulation of
meaning. In your own words explain how the media creates identity claims and outline how and why
these media images effectively influence public opinion.
Question: 2) Stuart Hall claims that power and ideology attempt to fix the meaning of images and language
in the media. Provide examples and explain how power and ideology is used to create and fix meaning
in media images. Why does power try to naturalise and normalise meaning in the media?
Question: 3) Noam Chomsky suggests that the media provides the public with necessary illusions and this
manufactures consent. What does this mean? Chomsky also believes that the necessary illusions that
manufacture consent are inconsistent with democracy. Do you agree or disagree?
Question: 4) Is Melbourne a gangland city out of control? Using the video clip, ‘Violent Racist Leb/Arab
Gangs of Melbourne?’ answer the following: Are stereotypes being used? If so, why are they being
used? What remains absent? What is it that we are not shown and why is this absence important?
What meaning is being naturalised in this media representation and what purpose does this serve?
Assessment criteria
! Understanding of mass media crime reporting
! Identifying and analysing key words, their social and cultural context
! Drawing on contemporary sociological and criminology issues to develop your argument around how
crime and crime reporting is presented
! Demonstrating ability to analyse mass media reporting above description
! Written structure, coherence and the use of the Harvard referencing system
The media research essay of 1,300 words (+/-10) is due in Week 4, 14 August by 17.00. Submit the
essay through VU Collaborate and the designated Dropbox, as well as in a hard copy.
2.

Collaborative Presentation: Weeks 4-11 and Research report, due Weeks 5-12:

10+20= 30%

Group assignment: This assignment is a collaborative presentation task, followed by a research report (one
report per group). The topics are listed in this unit guide under each week’s section (Weeks 4-11, pages 1217). Students will choose presentation weeks in weeks 1 and 2. The presentation should demonstrate
knowledge about the issue/s presented in the question and you should demonstrate that you have researched
the topic, beyond the textbook, and be able to lead a tutorial discussion.
Start your research with reading the essential text for the week. You will get help with suggestions in the
chapter of the week for further readings. You need to demonstrate that you have researched the topic using
different sources.
The oral presentation should not be longer than 7-10 minutes followed by an at least 5 minutes of tutorial
discussion. Each group needs to prepare 3-4 discussion questions to start the tutorial group discussion.
The report should, where possible, reflect the discussions that took place in the tutorial group about
the topic.
The report is a collaborative work report, thus only one report from the group should be submitted
through VU Collaborate and the designated Dropbox, as well as in a hard copy. The report is due one
week after the presentation week.
Assessment criteria
!
!
!
!
!

Understanding of the critical references
Demonstrate gained knowledge of further reading and ability to analyse issues
Drawing on contemporary issues to develop argument, e.g. include relevant examples and case studies
Presentation style in class, e.g. make it interesting an engaging to the tutorial group
Written structure, coherence and referencing of report based on the Harvard referencing system

Collaborate report word length: the minimum length of the report is 1,000 words (+/-10). Each
additional group member needs to contribute with 750 words (ex. a report developed by 3 group
members should be based on 2,500 words) (+/-10).
20

The report needs to follow the Report Structure model presented on page 22-23 in this Unit Guide.
3.

Final Essay, due Week 13: 23/10/15

35%

Individual assignment: The final assessment for the Criminal Justice System unit is an individual essay
written around one or two topics that have been discussed during the semester. You will be given the essay
topics later in the semester. You are required to complete an essay of 1,900 words. This final essay will give
you an opportunity to reflect over the whole unit, and it will give you an opportune to assess different
aspects of the Australian criminal justice system.
Assessment Criteria:
A satisfactory completion of assignment requires:
! Demonstrate understanding of the readings, the critical references and the theoretical concepts;
! Demonstrate the ability to apply sociological and criminology theory to questions around criminal
justice systems and their application within the Australian society;
! Demonstrate the ability to analyse concepts and situations above description;
! Extend the application of the discipline of sociology to problems outside the classroom and into the
community; and
! Demonstrate a written style and referencing following academic standard and the Harvard referencing
system.
Final essay: 1,900 words (+/-10), due Week 13: 23 October by 17.00, through VU Collaborate and the
designated Dropbox, as well as in a hard copy.
4.

Set Discussion Questions, due Weeks 2-11

10%.

Individual assignment: Each week your essential reading is based on reading one or two chapters from
Marmo, W. de Lint, and D. Palmer (eds.)(2011), Crime and Justice, A Guide to Criminology. Thomson Reuters, 4th
ed.
At the end of each chapter there is listed several discussion questions. For the weeks 2-11, one set
question has been selected and listed in this unit guide. Respond to the question with a short
paragraph (150-200 words) or in dot points, a minimum of five (5) points is required.
Submit your response to the set discussion question through VU Collaborate and the designated Dropbox
for the week (2-11), before each week’s lecture. The time and date is recorded automatically, late
submissions will not be marked and no points will be given for late submissions.

STRUCTURING THE RESEARCH PAPER IN SOCIOLOGY
FORMAL RESEARCH REPORT STRUCTURE
The primary purposes for formal research are to:
•

find and understand raw data and information

•

enter the conversation, of other writers and scholars in your field

•

learn how others in your field use primary and secondary resources

In an academic research assignment, you will take part in the scholarly conversation when you do write
your research paper. The organisation of a research paper consists of these sections, in this order:
OVERVIEW:
Title: simple and clearly identify what the report is about
Introduction: Introduce your topic and define or operationalize the major concepts you will use. Make it
clear to the reader how you are using the major concepts, and always assume that the reader knows
nothing about your topic.
Theoretical orientation: Identify the theory you are using and briefly explain/develop the theory in one
or two pages. Ideally, the theory section of the paper should be divided into two parts.
The first part of the report, should articulate the basic components of the theory and be fully referenced.
In the second part of the theory section, you should explain or demonstrate how the particular theory you
selected is relevant to/compatible with the development of your topic.
Main body of paper: Include subheadings to structure the writing, as it is easier to get an overview of
the research and to avoid repeating the same issue. Each paragraph should focus on one issue and this
issue pertained to your research should lead into the next paragraph.
Conclusions: Include a summary of what has been discussed in the main body of the report. You should
not just leave the end of the paper hanging. The summary briefly reviews the basis for the conclusions.
The research paper flows from the general to the specific and back to the general in its organisation.
•
•
•

the introduction uses a general-to-specific movement in its organisation, establishing the thesis and
setting the context for the conversation
the methods and results sections are more detailed and specific, providing support for the
generalisations made in the introduction.
the discussion section moves toward an increasingly more general discussion of the subject leading
to the conclusions and recommendations, which then generalise the conversation again.
IN DETAIL

THE TITLE
The title should clearly inform the reader what the report is focusing on, the research area and any
specific focus: In more detail:
THE INTRODUCTION
Many students find writing a structured introduction helps them to get started and to frame the focus of
the writing. A clearly articulated focus significantly improves their entire paper. You are likely to rewrite
the introduction when all the other parts are written, as the introduction is highly structured, you may
actually write your introduction last, however, if you write a draft first it will help structure the rest of the
report.
22

The introductions should have three parts:
1. Presentation of the problem or the research inquiry
2. Purpose and focus of the current paper
3. Summary or overview of the writer’s position or arguments
A thoughtfully written introduction can provide a blueprint for the entire research paper.
In the first part of the introduction, the presentation of the problem, or the research inquiry, state the
problem or express it so that the question is implied.
•

•
•

Then, sketch the background on the problem and review the literature on it to give your readers a
context to show them how your research inquiry fits into the conversation currently ongoing in
your subject area.
You may say why this problem has been a problem, why previous attempts have failed to solve it,
or why you think this particular slant or angle to the problem is important.
You can also mention what benefits are to be gained from solving this problem or exploring this
topic from your perspective.

In the second part of the introduction, state your purpose and focus.
• Here, you may present your main points and what is your purpose with your research
The third part,
•
•
•

Summarizes or give an overview of the paper,
It briefly leads readers through the discussion and highlights why the issue is significant.
It forecasts the main ideas that are discussed within this topic

The introduction is usually written in present tense.
THE METHODS SECTION [e.g. you present what research you undertook, what sources you have used, etc.]
The methods section of your research paper should describe in detail what methodology and special
materials, if any, you used in your research.
In this unit, you have mostly studies case studies and research reports, which should be listed in the
reference list.
THE RESULT SECTION [what did you find when you read different sources; research reports ABS reports and journal
articles, etc.]
How you present the results of your research depends on what kind of research you did, your subject
matter, and assignment requirements (so read them closely and re-read them as you go, they are a good
grounding to what you need to do).
Quantitative information:
•
•

data that can be measured, can be presented systematically and economically in tables, charts, and
graphs.
include quantities and comparisons of sets of data. If you are unfamiliar with the conventions, you
may find it challenging to present quantitative findings. You may include some commentary to
explain to your reader what your findings are and how to read them.

Qualitative information:
•
•
•

include brief descriptions, explanations, or instructions,
the information can also be presented in prose tables. This kind of descriptive or explanatory
information, however, is often presented in essay-like prose or even lists.
use tables, charts, and graphs only when you are sure they will enlighten your readers rather than
confuse them. In the accompanying explanation and your discussion, always refer to the graphic by
number and explain what item/s you specifically are analysing. Give your graphic element a
descriptive caption as well. The rule of thumb for presenting a graphic is first to introduce it by
name, show it, and then interpret it.

The result section is usually written in past tense.
23

THE DISCUSSION SECTION [e.g.– compare the different information you have gathered, what do they say, do all of
them agree about the issue or are there different, conflicting understanding of the issue, etc.]
Your discussion section should generalise on what you have learned from your research. One way to
generalise is to explain the consequences or meaning of your results and then make your points that
support and refer back to the statements you made in your introduction. Your discussion should be
organised so that it relates directly to your research. Do not introduce new ideas or issues not directly
related.
This section, along with the introduction, is usually written in present tense.
THE CONCLUSION [e.g. what are the main points that sum up what you have learnt and found in you research]
In this section, you draw conclusions form your research and the literature. This section should include at
least two paragraphs (about 150 words)
Conclusions unify your research results and discussion and elaborate on their significance of your
research. Your conclusion ties your research to your discussion, binding together all the main ideas in
your thinking and writing.
By presenting the logical outcome of your research and thinking, your conclusion answers your research
inquiry for you and your readers. Your conclusions should relate directly to the ideas presented in your
introduction section and not present any new ideas.
The conclusion section is usually written in present tense.
THE REFERENCE LIST
Your research paper is not complete without your list of references. Documenting your research paper
maintains academic integrity. Use the Harvard referencing system consistently throughout the report.

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