NCJ Number
169809
Date Published
1996
Length
93 pages
Annotation
Four hundred eighty-nine defendants who appeared in magistrates' courts in Queensland, Australia were interviewed to determine their attitudes toward police practices related to arrest, questioning, and searching.
Abstract
The research focused on determining if any problems existed with current police powers, using this information to develop new legislation, and establishing baseline data to aid in monitoring the implementation and impact of any new legislation. Eighty-four percent of the participants were male, 75 percent were under age 30, 5 percent were juveniles, and 13 percent were Aboriginals or Torres Strait Islanders. The majority were charged with property or drug law offenses. About two-thirds had previously been in trouble with the police. Results revealed that many participants were confused about when or if they had been arrested. Many felt compelled to comply with police directions regardless of whether they believed that they were formally under arrest. Few were informed of their right to an attorney, although police are not currently required to provide this information. Many claimed that the police did not tell them why their person or property was being searched. Forty percent made positive comments about their interactions with police. Almost half were unhappy with one or more factors, including police rudeness (10 percent), assaults by police (9 percent), or failure to inform the participant of rights. Findings indicated that many of the issues raised can be addressed satisfactorily only by substantial changes in the laws on arrest, detention, and questioning of suspects. Findings also indicated that police procedures that are specifically governed by legislation appear to generate the highest levels of compliance. Figures, tables, appended instrument and additional results, and 28 references