Australian Criminal Justice System

Australian Criminal Justice System

Introduction

The importance of criminal justice system cannot be overlooked in our daily lives, the presence of this system sets out functions and rules that keep people of the society safe and protected and govern them. Australian criminal justice system is basically inherited by the law and legal system when it was under the Britain's. Even though the criminal justice system of Australia is not wholly adversarial nor purely inquisitorial. The features of Non-adversarial system of Australia includes active and participative role for judges. Therefore, this essay will be focusing on Australian Criminal Justice System along with an emphasis on criminal law of Australia (Schloenhardt, 2003).

Discussion

Criminal Law of Australia

More than 200 years ago, the population of Green continent was under control by Europeans. British authorities decided to use the new colony as a place of exile, and for several decades, its population was formed by exiles and their guards. Currently, Australia is a country with the lowest crime rate in the world. It seems that the study of the criminal law of Australia would be very helpful to legislators and lawyers in Russia. Historical and theoretical investigation indicated the problem is to consider some teleological theories, which took place in the history of criminal law in Australia. The content ratio of the principles and objectives of criminal policy, the functions of criminal law, criminal law goals and objectives of criminal punishment has always been a subject of debate in the Australian legal literature. The principal function of the criminal law considers protective purpose, capable of demonstrating the social and ethical condemnation of the acts that resulted in punishment, and thus to protect and maintain the prevailing social morality.

Australian Criminal Justice System

It is known that the function of criminal justice system - is the main direction of the legal impact on public relations and / or social purpose of the law. Assuming that the function is the role played by the law itself, the function of criminal law which refers to a set of tasks before it and how to implement them. The content objectives of criminal justice system and social legislation predetermined purpose of criminal law and the principles of the criminal policy of the state. Undoubtedly, each state as a public governmental body, carrying out the function of freedom, security and property, creates and protects the rule of law in the country (the internal legal function). In a legally organized society, this function corresponds to the criminal policy. Legal policy in the fight against crime is the policy of realizing the value of legal security, law, justice; protect the legitimate interests of the individual and society as a whole. Criminal policy has been defined as a purposeful strategic impact on crime, based on knowledge of its actual status and trends, which has a base legal means, with the goal of minimizing the maximum possible level of crime (National Crime Authority, 2001).

Role of Society in Forming Criminal Justice System

It is clear that society expects ...