NCJ Number
61442
Date Published
1979
Length
27 pages
Annotation
AN OVERVIEW OF THE SOUTH AUSTRALIAN CRIMINAL JUSTICE SYSTEM IS PRESENTED TO IMPROVE CITIZENS' UNDERSTANDING OF CRIME RATES AND TRENDS, CRIMINAL LAW, THE COURTS, AND SENTENCING.
Abstract
ALTHOUGH CAPITAL PUNISHMENT WAS ABOLISHED IN SOUTH AUSTRALIA IN 1976, LIFE IMPRISONMENT CAN BE IMPOSED FOR MURDER, RAPE, ARMED ROBBERY, BURGLARY, AND IN SOME CASES OF ASSAULT. MINOR CRIMES ARE TRIED BY MAGISTRATES, WHILE MORE SERIOUS CRIMES MAY BE COMMITTED BY A MAGISTRATE TO THE HIGHER CRIMINAL COURTS FOR TRIAL BY JURY. CHARGES AGAINST CHILDREN UNDER 18 YEARS MAY BE HEARD BY THE CHILDREN'S COURTS OR CHILDREN'S AID PANEL, EXCEPT FOR SERIOUS OFFENSES; INTRACTABLE JUVENILE INMATES MAY BE TRANSFERRED TO ADULT FACILITIES. ALTHOUGH PARLIAMENT SETS MAXIMUM SENTENCES, JUDGES AND MAGISTRATES HAVE MUCH DISCRETION IN SENTENCING. CURRENTLY, THERE ARE NO PROVISIONS FOR MANDATORY MINIMUM SENTENCES, WITH THE RESULT THAT GUILTY PLEAS ARE COMMON. TYPICAL SENTENCING OPTIONS ARE FINES, PROBATION (OR BOND), SUSPENDED SENTENCES, AND IMPRISONMENT; THE GOVERNOR MAY GRANT PARDONS. ALTHOUGH CRIME RATES HAVE RISEN SIGNIFICANTLY SINCE WORLD WAR II, CRIMES AGAINST PROPERTY ARE MUCH MORE COMMON THAN VIOLENCE AGAINST PERSONS. CRIME INCREASES ARE EXPLAINED BY AUSTRALIA'S POPULATION GROWTH, UNEMPLOYMENT, CHANGES IN FAMILY LIFE, AND INCREASED AFFLUENCE. STUDIES SHOW THAT MOST VICTIMS ARE UNEMPLOYED, SEPARATED, OR DIVORCED. FINANCIAL COMPENSATION TO CRIME VICTIMS WAS INSTITUTED IN 1969. LAW REFORM STUDIES ARE ONGOING IN SOUTH AUSTRALIA WITH FIREARMS CONTROL LAWS IMMINENT. A BIBLIOGRAPHY IS INCLUDED. (PAP)