NCJ Number
60224
Date Published
1979
Length
25 pages
Annotation
THE ARTICLE SUMMARIZES THE PENAL COLONY HISTORY AND THE BACKGROUND OF BRITISH LAW IN AUSTRALIA, AND THE SETTLEMENT OF NEW ZEALAND. INNOVATIONS IN COURTS AND CRIMINAL JUSTICE APPROACHES ARE DESCRIBED.
Abstract
IMMIGRATION TO AUSTRALIA, AND TO A LESSER EXTENT TO NEW ZEALAND, CONSISTED MAINLY OF CONVICTS SENT FROM ENGLAND AFTER THE AMERICAN COLONIES BECAME INDEPENDENT. THE HISTORY OF THE AUSTRALASIAN COUNTRIES AND THEIR BRITISH BACKGROUND ARE DESCRIBED IN SOME DETAIL. THE FACT THAT THERE ARE SIX STATES AND TWO TERRITORIES IN AUSTRALIA MEANS THAT EVEN IMPORTED INNOVATIONS ARE VARIOUSLY APPLIED, WITH EVEN A GREATER DIFFERENCE OCCURRING IN NEW ZEALAND. SOME OF THE MORE RECENT CRIMINAL JUSTICE INNOVATIONS INCLUDE DEALING WITH TRAFFIC OFFENSES WITHOUT COURT PROCEEDINGS, USE OF SUSPENDED SENTENCES FOR FIRST OFFENDERS IN SOME STATES, WORK RELEASE PROGRAMS, CHANGES IN RAPE LAWS AND PENALTIES, LAW ENFORCEMENT FOR ABORIGINES, AND ADMINISTRATIVE CHANGES THAT REDUCE THE TIME REQUIRED FOR PRELIMINARY HEARINGS OF CASES BEFORE TRIAL. SOME INNOVATIONS IN CRIMINAL JUSTICE ARE DIFFICULT TO IMPLEMENT BECAUSE OF TRADE UNION PRESSURES. WORK FOR PRISONERS IS OBJECTED TO IF IT IS LIKELY TO TAKE WORK FROM NONPRISONERS. IN PROVIDING ALTERNATIVES TO IMPRISONMENT, NEW ZEALAND HAS BEEN AHEAD OF THE AUSTRALIAN STATES, WHILE THERE HAVE BEEN MORE NEW IDEAS FOR DEALING WITH WHITE-COLLAR CRIME COMING OUT OF AUSTRALIA. TABLES SUPPLEMENT THE TEXT. (RFC)