NCJ Number
66052
Date Published
1979
Length
7 pages
Annotation
PROBLEMS IN DEALING WITH CRIME IN THE AUSTRALIAN FEDERAL SYSTEM ARE IDENTIFIED AND DISCUSSED FROM A LAW ENFORCEMENT PERSPECTIVE.
Abstract
BECAUSE OF THE ORIGINAL COLONIZATION OF AUSTRALIA IN SEPARATED AND ISOLATED REGIONS, THE DEVELOPMENT OF CRIMINAL JUSTICE SYSTEMS LOGICALLY OCCURRED WITHIN STATE AND TERRITORIAL JURISDICTIONS, WHILE FEDERAL INVOLVEMENT IN THE ENACTMENT AND ENFORCEMENT OF CRIMINAL LAWS BECAME LIMITED TO BEHAVIOR CLEARLY THREATENING TO THE INTERESTS OF THE WHOLE COMMONWEALTH. WITH THE ADVENT OF THE AUTOMOBILE AND THE AIRPLANE, POPULATION MOBILITY HAS INCREASED, AND ALONG WITH IT, CRIMINAL MOVEMENT AND OPERATIONS HAVE EXPANDED ACROSS STATE AND TERRITORIAL BOUNDARIES. ENFORCEMENT PROBLEMS ARISE BECAUSE OF THE LACK OF A CENTRALIZED COORDINATION OF LAW ENFORCEMENT. ALSO, CURRENT LAWS REQUIRE EXTRADITION FROM THE JURISDICTION WHERE A PERSON IS ARRESTED TO THE JURISDICTION WHERE THE CHARGED OFFENSE IS ALLEGED TO HAVE OCCURRED. THIS IS AN IMPEDIMENT TO THE EFFICIENT OPERATION OF THE CRIMINAL JUSTICE SYSTEM. DIFFERENCES IN CRIMINAL LAWS BETWEEN STATES COMPLICATE THE ADMINISTRATION OF THE LAW, PARTICULARLY IN CASES OF FEDERAL CRIME WHERE STATE PROCEDURES MUST BE FOLLOWED IN THE CRIMINAL JURISDICTION. THE DECRIMINALIZATION OF 'VICTIMLESS' CRIMES IN SOME STATES ALSO MANIFESTS A PUBLIC ATTITUDE OF INDIFFERENCE TOWARD CERTAIN BEHAVIOR STILL DEEMED CRIMINAL IN OTHER STATES, THUS CREATING A LACK OF PUBLIC SUPPORT FOR POLICE ENDEAVORS IN SOME AREAS OF ENFORCEMENT. UNEVEN INFORMATION FLOW BETWEEN LAW ENFORCEMENT ORGANIZATIONS AND THE DIVERGENCE OF MECHANISMS FOR POLICE ACCOUNTABILITY BETWEEN JURISDICTIONS ARE ALSO PROBLEM AREAS. ATTEMPTS TO PROVIDE UNIFORM ACCOUNTABILITY FOR POLICE BEHAVIOR ACROSS JURISDICTIONS WITH FORMAL RULES FOR POLICE CONDUCT ISSUED FROM THE FEDERAL LEVEL, HOWEVER, ONLY COMPLICATE POLICE LAW ENFORCEMENT EFFORTS. (RCB)