Thursday, August 29, 2019

Australian Criminal Law Essay Example | Topics and Well Written Essays - 2500 words

Australian Criminal Law - Essay Example Whilst the law of homicide has evolved over time the incidence of homicide has remained relatively stable. The rate of homicide in Australia fluctuated from as low as 0.84 in 1941 to as high as 2.39 in 1988. Similarly, homicide in Australia between 1989/90 and 1998/99 revealed that over the last ten years the circumstances and characteristics of homicide in Australia have remained relatively unchanged. According to the latest figures derived from the National Homicide Monitoring Program (NHMP), there were 337 victims of homicide in 1999/2000, which are about two people for every 100,000 Australian residents (Mouzos 2001). In comparison to homicide in the United States, the rate is comparatively lower. In the United States about 6 for every 100,000 Americans are killed (US Department of Justice 2000) Homicide has many forms. Murder for gain, sexual and physical violence and abuse of women, and revenge are among the two most common reasons for homicide. While homicide has continued over the ages, the purpose of finding the reason has not changed much in comparison to the methods used to trace the cause. Like in all investigations, the investigators have to gather and analyse whatever information and clue they get before zeroing on the suspect. No person is guilty until proved so, and to bring the criminal to justice, the law must ascertain from reliable sources information, intelligence, leads, tips, and witness statements to build a positive case. This is however, a long process, as analysis of such large amounts of information using traditional research methods can take quite a long time, and using antiquated analysis methods has been said to impair or slow down an investigation. Access to information, and clues; be it positive or negative, can have an impact on the investigation, leading sometimes to the delayed arrest of the perpetrator (Travis, 1996), or in extreme cases, the arrest of an innocent person (Jenny Mouzos, p.2-5, 2001). Sexual and physical violence and abuse has remained a bane on society. Women find themselves fighting a losing battle, and against all odds, as they stand and try to fend for themselves against a pack of wolves. There have been thousands of cases that have gone unreported, and a couple of thousands more that remain unsolved. Most of the cases that remain unsolved are because of the non-cooperation of the victims to help the investigators in their duty. Social factors and fright are attributed to reasons for such misendeavour. So, does the criminal law need reform in order to protect women from sexual and physical violence and abuse 2.0 Report Many women in prisons experienced disadvantages such as poor education and literacy, very limited employment skills, inadequate housing, and

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