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Apply: Securities And International Regulatory Agencies

Securities and International Regulatory Agencies

[Name of the Writer]

[Name of the Institution]

Securities and International Regulatory Agencies

February 18, 2019

German Farm Equipment Cooperation

Dear Sir,

I’m writing this letter to rectify infringement, Bonner is the owner of invention because the tractor is invented by Bonner’s, taking into account that the patent is developed by Bonner organization. It is significant that invention is a result of creativity, and the engineers are working in Bonner. Moreover, being creator and inventor of equipment, intellectual property rights would be owned by Bonner. These rights include a patent for invention, industrial design, trademarks, and geographical indications. In a simplified form Bonner owns the right to protection of the patent, federal statutes that are provided to address civil damage as well as criminal penalties, inferring that such penalties would be assessed against infringers, the vice president of Bonner.

The most adequate method to address dispute is WIPO resolution method. WIPO refers to the World Intellectual Property Organisation. This method would be suitable for resolving the dispute because it is a major class to other submethods such as arbitration method, mediation, expert determination, and expedited arbitration. (Castro Arribas, et, al. 2018). Moreover, WIPO method would be applicable because it is non-profit dispute resolution with remarkable cost and time efficiency accompanied by expert determination. (Welsh & N, 2019). It allows private parties to opt for suitable and efficient ways that can settle technology disputes out of court realms that are domestic and across the border, both IP and technological. As WIPO is a global organization, the dispute can be held anywhere in the world, but in case of Bonner's organization, it would be better if resolution with German Farm Equipment Corporation is held online. (Welsh & N, 2019). The resolution method can be implanted by opting any of the options such as conciliation, ombudsman or arbitration because all these strategies would be equally effective and help to maintain the repute and comfort of both the organizations.

Thank you!

Sincerely,

CEO Bonner Farm Equipment Corporation.

References

Castro Arribas, I. D., Toscano, L., & Gadkowski, A. (2018). An Update On International Trends In Technology, Media And Telecoms Dispute Resolution, Including Intellectual Property Disputes. Leandro and Gradkowski, Andrzej, An Update on International Trends in Technology, Media and Telecoms Dispute Resolution, Including Intellectual Property Disputes (June 2018). Less Nouvelles.

Welsh, N. (2019). Dispute Resolution Neutrals' Ethical Obligation to Support Measured Transparency.

Subject: Law and International Law

Pages: 1 Words: 300

Article One Of The United States

Julie Alarcon

Instructor Name

United States Law

5 November 2019

Article One of the US Constitution

The makers of the US constitution have separated political powers in the US Government among three branches of states. The executive powers are kept by the President, the judicial powers are kept by the courts of the land, and the legislative powers are in the possession of the Congress. There is a complex system of checks and balances among the branches of the state which is discussed in the further related articles of the constitution. Article One of the Constitution of the United States of America gives the basic framework of the Legislative organ of the government CITATION Whi \l 1033 (WhiteHouse). Congress is given the power to debate on an act before passing and enforcing on the people who have elected them. It is composed of ten sections which are further divided into various numbers of subsections accordingly.

Section One: Congressional Powers

The powers of the US congress are discussed in detail in Article One. The Congress is described as a branch divided further into two separate houses called the Senate and the House of Representatives. Before the making and enforcement of the constitution, the Continental Congress was the torchbearer of the legislative, and it had one body. The bifurcation of the branch into two parts was intended to create a balance of power among the states and the general population. Logic dictates that people with more population should have representation according to their numbers. That is why the aforementioned have population-based members in the Congress whereas the Senate has two members from each state so that the legislative process is fair and easily approvable unless vetoed by the President.

One of the important points in the first section is that congress cannot delegate its powers of lawmaking to the other branches of the US Government. However, this should be noted that the branches of the US government are not completely segregated. In some cases, the various branches of the US Government need to come together due to the nature of the issue. An important example that can be cited in this regard is the power of veto held by the president that he used to pardon criminals of capital punishment and to stop legislative degree issued by the Congress if he believes that they would be damaging to US interests. Another more important issue that is discussed in the first section is the ambit of powers of the Federal Government. If the constitution does not specify a power held by Washington, then it automatically means that the states have that particular discretionary power.

Section Two: House of Representatives’ Members

The second section of the US Constitution is based on the important details regarding the honorable members of Congress. This section is further subdivided into five clauses discussing important details regarding the members of the House of Representatives like their elections, qualifications, apportionments, and their appointments to various portfolios like the speaker of the House of Representatives.

Under section two, the basic requirement to appoint a member of the House of Representative are discussed. The Member should be the citizen of the US for at least seven years, he or she must be living in the state that he or she chooses to contest from, and he or she should, at the minimum, be twenty-five years of age. This section also gives the right to vote to the people in the congressional elections, added by the US Supreme Court in 1966. In addition to that, the questions related to a slave right's in the participation of the Congressional elections were also discussed. This was particularly important as there was a difference of opinion among the northern and the southern states at the time. The Southern wanted to use slaves to bolster their vote counts, and as they were counted as property, therefore could be put to rather unethical and unfair use in the electoral process. After some debating, the famous three-fifths compromise was reached which was documented CITATION Gar19 \l 1033 (Gary C. Jacobson). An important point should be noted that the word slave was never used in the US Constitution concerning this or any other law. This subclause was deleted after the North won the Civil War.

This section also started the practice of conducting a survey every ten years to decide how many seats should be allocated to a state. This law was highly effective for the original thirteen states of the union until the practice of gerrymandering began.

Section two also specifies the rules under which the House of Representatives was to operate. For example, if any member died during his tenure, the governor calls for a special election to fill his seat. The house also has a set procedure with regards to the appointment of his speaker, who is considered to fill the president's shoes if the latter and his deputy somehow stand disqualified for their portfolio or if they are killed during their tenure, as was the case with President John F. Kennedy.

Lastly, an important detail that should not be forgotten is that the House of Representation gets the final say if the President is to be impeached CITATION MJG19 \l 1033 (Gerhardt). The vote regarding the impeachment of the President is taken in the House of Representatives after the conduction of the trial in the Senate. We can cite the case of President William (Bill) Jefferson Clinton. The House acted as a prosecutor in the Senate trial regarding his relationship with the Whitehouse Intern Monica Lewinsky. President evaded impeachment due to lack of the two-third affirmative votes in the House and proceeded to complete his second term as the President of the United States.

Works Cited

BIBLIOGRAPHY Gary C. Jacobson, Jamie L. Carson. The Politics of Congressional Elections. Rowman & Littlefield, 2019.

Gerhardt, MJ. The federal impeachment process: A constitutional and historical analysis. University of Chicago Press, 2019.

WhiteHouse. "The Constitution of the United States: The Bill of Rights and all Amendments." n.d. Whitehouse.gov.

Subject: Law and International Law

Pages: 3 Words: 900

Article Review

Article review

[Name of the Writer]

[Name of the Institution]

Article review

The author Aradau and Munster said that variety of terms are used in criminology and international relations such as the war on terrorism, human rights, freedom, security, violence and preemption. The future is not very simple about contingency instead its all about disastrous contingency. The previous president of America George W.Bush’s explanation about Iraq challenges modeled for the security of America is widely indicating that how come two catastrophes reinforce extraordinary policies. Tools of politics of fear change the radical and catastrophic uncertainty. Fear becomes closely entangled with prospects of enemy expansion decision and future into the decisions related to catastrophic likelihood.

In order to protect save the nation from any damage, proactive risk management is required to be done which includes zero risk politics focused on worst-case irreversible scenarios. However, methods and ways formulated by the liberal modern states include domesticate fear politics and changing its oppositions and enemies. Catastrophic rise and initiation of radical uncertainty on political scenario involve direction and incorporation of vital liberalism changes in the most appropriate way. In the sense of visualizing the uncertain future, there will be enhancement and extension in exceptionalism since the law is required to be worked in connection to actual possible events. Thus it is imperative for law enactment to enhance and amplify its role in relation to unpredictable future ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"uMEUpwrT","properties":{"formattedCitation":"(Aradau & van Munster, 2009)","plainCitation":"(Aradau & van Munster, 2009)","noteIndex":0},"citationItems":[{"id":222,"uris":["http://zotero.org/users/local/uHsb2Xzj/items/Q5LWQKXN"],"uri":["http://zotero.org/users/local/uHsb2Xzj/items/Q5LWQKXN"],"itemData":{"id":222,"type":"article-journal","title":"Exceptionalism and the 'War on Terror': Criminology Meets International Relations","container-title":"British Journal of Criminology","page":"686-701","volume":"49","issue":"5","source":"DOI.org (Crossref)","DOI":"10.1093/bjc/azp036","ISSN":"0007-0955, 1464-3529","shortTitle":"Exceptionalism and the 'War on Terror'","language":"en","author":[{"family":"Aradau","given":"C."},{"family":"Munster","given":"R.","non-dropping-particle":"van"}],"issued":{"date-parts":[["2009",9,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Aradau & van Munster, 2009).

Exceptionalism is widely argument in international relations whereas criminology is more tangled to concepts like crime in the state, moral risk and moral panic in order to explain terror war. This article unpacks and reveals the exception of the state as a tool found to be useful in capturing global and domestic power relation constitution. In short, the war on terror is a philosophy of suppression and fear which creates enemies and promotes violence instead of alleviating terror acts. Too often it is observed that disregarding international law and repressing opposition groups becomes an excuse for governments. Instead, the governments should address terrorism through international cooperation and respecting human rights and civil liberties by deepening root causes of terrorism specifically political hostility.due to partiality and prejudice.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Aradau, C., & van Munster, R. (2009). Exceptionalism and the “War on Terror”: Criminology Meets International Relations. British Journal of Criminology, 49(5), 686–701. https://doi.org/10.1093/bjc/azp036

Subject: Law and International Law

Pages: 1 Words: 300

ASIC Vs ADLER (2002) 41 Ascr 72

asic v adler (2002) 41 acsr 72

Student’s Name

Institution

Course Code

Date

Executing Summary

Asic v adler (2002) 41 acsr 72 is regarding the violation of the Corporate Act by directors of HIHC. Adler made payment to his firms for his benefit which caused the company several loses. The defenders of the case were William and Adler and petitioner Asic.

Introduction

Recently, significant attention of the media has been focusing on the corporate collapse of Ansett, OneTel and in the Adler’s case. It was started after the collapse of the HIH. The events which transpired provided the opportunity to look into appropriate stimulus to reflect upon and analyze potential damage which can arise as the result of the contraventions of relevant sections of the Corporate Act. In the case of ASIC v Adler (2002) 41 ACSR 72 four different types of transactions are involved. The defendants of the case were Rodley Adler who was the shareholders and non executive director of HH, an officer William Ray, the founder and the Chief Executive officer of HIH. According to Mulhern (2002), HIH is one of the largest insurance firms which are based on Australia. In June 2000, its executives were involved in payment of up to $10 million to acquire shares on the stock and other transactions as well, without proper approval as required by the corporate act.

Fact

It was pointed that in June 2000, HIH Insurance (HIH) made payment of $10 million for a unit within a trust which was under the control of Mr. Adler. At the time of payment, Mr. Adler was a non executive director of HIH. Adler was controlling the trust using Adler Corp and Pacific Eagle Equity Pty (PEE) CITATION Mat11 \l 1033 (Hooper, 2011). It is also pointed that Adler Corp was the sole shareholder of PEE. This was a clear unethical and against the Corporate Act since it is evident that Adler approved and made payment to the company which he owns. The assets which were in trust managed by PEE were technology stocks and they were worth substantially less than $10 million. The PEE then used part of the trust of $10million to purchase the shares of HIH. Adler Corp also had acquired a lot of shareholdings in HIH. The loan was acquired through the approval of No shareholder and therefore all these put Adler in a controversial position regarding the operations of HIH, PEE and Adler Corp CITATION Joh03 \l 1033 (Farrar, 2003). However, these made the ASIC to commenced investigation against Adler, Williams and Federa for violating the relating sections of the transaction, financial assistance and director’s duty provision under the Corporations Law of 1998.

Issue

The issues realized was the payment of $10 million load which was paid by HIH to PEE which the financial benefit was issued to the related party. It was unethical and wrong accordance to the Corporations Law. Most of the transactions occurred were against the procedures and the Law and therefore, Alder and fellow executives violated the law which caused HIH a lot of losses. The transaction was actually conducted at arms’ length and this provided a defense to Adler against a breach of the related party transactions provisions.

Judgment

The judges of the NSW Supreme Court made a ruling that the $10 million payment to PE, Adler Corp and Adler was a financial benefit, because the shareholder approval before the payment was made were sought by Adler. It is therefore, evident that Adler made payment individually without seeking the attention of the shareholders which in this case violated the Corporation Act CITATION Ste03 \l 1033 (Wong, 2003). The judges also made a ruling that the payment of the law were unsecure, inadequately and permitted for the self acquisition of the securities managed by HIH. It is therefore, evident that the transactions were not conducted in respect of the regulations and laws which guide corporations’ financial transactions. It was therefore, ruled that section 180 (2) of the Corporation Act applies the protection to directors to make a sound decision and only applies when the care and diligence is carried when the transactions are made. But in the cases of Adler, the care and diligence were not applied during the transaction and therefore, the protection of the directors under section 180(2) cannot be applied. The court therefore, held that HIHC provided financial assistance illegal of up to $10 million to PEE which it utilized to acquire shares of HIH without disclosing the directors or the investment committee CITATION Ric04 \l 1033 (Adson, 2004). It was then held by the court that Adler violated directors’ duties which fall under section 180, 181, 182 and 183 of the Corporations’ Law. It was also held that Williams also breached the directors’ duties under sections 180 and 181 of the Corporation Act. The judges pointed that he failed to ensure that there was proper security of the loan before permitting the HIHC to loan $10 million to PEE.

Conclusion

The Corporations’ Act was breached by Alder and Williams and therefore, it made then liable for the losses incurred by HIHC. It was pointed that the loan issued to PEE was against the financial transaction law and it was done without seeking for the necessary approval required before such transaction could be done. Therefore, Adler used his position at the company to benefit himself instead of uploading the law and conducting himself as required by the Corporation Act. Adler was found liable and held for the losses the company made. It is therefore, advisable for the company to implement several approval units within the company to avoid such cases from occurring in the future.

Bibliography

BIBLIOGRAPHY Adson, R. 2004. ASIC v Adler 2002 41 ACSR 72; [2002] NSWC 171 New South Wales Supreme Court. Case law , 2-14.

Farrar, J. H. 2003. Corporate Governance and the Judges. Bond Law Review , 2-35.

Hooper, M. 2011. The Business Judgment Rule: ASIC v Rich and the reasonable-rational divide. https://pdfs.semanticscholar.org/b3fb/598ed75210118d1491aba9d16903cdcff29c.pdf , 2-18.

Mulhern, C. 2002. Directors Duties and ASIC v Adler. Journal of case Law , 2-15.

Wong, S. 2003. Forgiving a Director’s Breach of Duty. A review of recent decisions , 2-15.

Subject: Law and International Law

Pages: 3 Words: 900

Assessment 2 (Research Essay) - Explanation

Assessment 2 (Research Essay) – Explanation

Liam

School or Institution Name

Assessment 2 (Research Essay) – Explanation

Globally, imprisonment is the preferred mode of punishment for a range of crimes in spite of increasing recidivism. A number of researchers today are of the view that harsher sentences and imprisonment is not an effective remedy to deter crime. In Australia, nearly 45% of inmate population returned to prison in 2 years post-incarceration, nationally CITATION QLD18 \l 1033 (QLD Gov, 2018). Australia, like the U.S. and Britain prefers locking criminals up, with the inmate population rising year. The problem is perplexing because there is significant reduction in the general rate of crime just as the prisons are becoming significantly more overcrowded. In this context, Judge Haesler’s gave the following statement:

The irony is that sending people to goal usually is the best indicator that people will re-offend. We are imposing these custodial sentences to protect the community, but the end result is that offenders come out and commit more crimes. Why we insist on harsher and harsher penalties, rather than education and intervention policies, is beyond meCITATION Six15 \p 15 \l 1033 (Six minutes with Andrew Haesler SC, 2015, p. 15).

The paper will proceed to discuss, in light of Judge Haesler's statements, the suitability of prison as a punishment and its ability to deter crime and reduce recidivism, and whether harsh sentences fulfil their intended purpose of protecting the community. Moreover, alternatives to imprisonment will be explored to suggest effective means of reducing recidivism and deterring crime.

The impact of prison sentences in reducing recidivism is a vital matter of public interest and safety. Recidivism refers to re-offence behaviour in convicted criminals after they have served their sentences and returned back to their communities. The ability of prisons to reduce recidivism is the main intended function of the sentence, however an inefficacy to do so raises questions on the overall cost-benefit of sending offenders to prison. There are differences of opinions among experts with some inclined to the view that longer and harsher sentences ensure public safety, whereas there are those who argue that recidivism rates are largely unaffected by longer sentences, and thus advocate shorter sentences along with a greater emphasis on rehabilitation and education.

Harsher sentences that involve longer periods of imprisonment are usually justified on the reason that it prevents the offender from committing a crime due to incapacitation resulting from imprisonment. Moreover, it will discourage incarcerated individuals from committing further crimes, and the awareness of the punishment will deter potential criminals generally from committing any future crimes CITATION Lin93 \l 1033 (Song & Lieb, 1993). In contrast, advocates that prefer the opposing view cite the fact that certainty of punishment serves a more vital role in preventing re-offence rather than the duration of punishment. A lot of times crimes are committed as a result of psychosocial factors, limited choices in life, physical addictions, or a lack of access to economic resources. Therefore, literacy efforts, rehabilitation, education and treatment programs would serve better as preventative means rather than harsher sentences involving longer incarceration periods.

Although the effect of sentence length in imprisonment and its effect on recidivism is a complex phenomenon and can often be offender specific. However, it is also a fact that prisons can serve a school for many criminals to become more entrenched and sophisticated. There is evidence to suggest that the likelihood to re-offence is not affected by incarceration for many offenders, and in fact could even lead to an increased risk of recidivism. There is also little evidence of early-release programs to have any positive impact in reducing recidivism rates.

Furthermore, there is strong evidence to suggest that the severity and harshness of sentences does not always correlate with deterrence. According to Nagin (2013), the deterrence effect from punishment should be analyzed from a number of perspectives which include: the presence of the ‘chastening’ effect or lack thereof from imprisonment, the possibility of exacerbating recidivism, the impact on deterrence from severity of punishment versus certainty, and the eventual lack of interest in criminal activity by individuals as they age further.

Using Nagin (2013)'s considerations, the first thing to evaluate is whether harsher sentences are providing the intended ‘chastening' effect on individuals or not. A number of practitioners and policymakers agree to the fact that a severe imprisonment sentence would likely produce the ‘chastening effect' which would prevent the convicted offender from re-committing the crime; however, there is no conclusive empirical evidence to back that assertion. In fact, imprisonment may lead to an exacerbation of recidivism by serving as training institutes for criminals to become even more sophisticated. Evidence from the U.S. also suggests that not only did prison produced little effect on minimising recidivism, it may have played a considerable role in increasing the overall rates CITATION NIJ16 \l 1033 (NIJ, 2016). Additionally, the NSW Bureau of Research and Crime Statistics in Australia found that longer prison sentences produced little deterrence effect in reducing crime, and it was increasing the risk of punishment and arrest, rather than the harshness thereof, that demonstrated positive results CITATION Ann12 \l 1033 (Patty, 2012).

There are a range of sociological, social and psychological determinants of crime and delinquency. Increasing the harshness of sentences produces little effect on the behaviours and risk-factors which drive offenders. This explains why higher rates of re-offending were observed after longer sentences as the root-cause is often not addressed CITATION Fra11 \l 1033 (Cullen, Jonson, & Nagin, 2011). Consequently, when offenders serve their sentences and return to their communities eventually, the problems usually come back, and even multiply. As, the risk-factors remain unaddressed, the rate of recidivism following harsher sentences increases and fails to deter many from committing offences again.

Nevertheless, criminal justice in Australia has increasingly tended to adopt a harsher approach towards sentences for offenders from its perceived effects of protecting the Australian community. Conversely, statistics suggest that the prison system was expanded to contain the influx, which not only puts significant strain on state and federal budgets, but potentially does more harm than good. Therefore, programs and policies that focus more on education, psychological interventions and rehabilitation efforts are more likely to succeed in improving community safety and preventing crime.

Rehabilitation for offenders is a concept that can be traced back to the 1840's in Australia, in which an indeterminate sentence was awarded to certain prisoners rather than the fixed sentences, in which their good behaviour played a considerable role in reducing their sentence. Moreover, a community resettlement and a system of aftercare was introduced. These ideas were based on social reforms that were being introduced in Britain in the 19th century, in which prisons began to be seen as places that could potentially reform the lives of prisoners instead of ‘institutions of cruel punishments and deep despair’. Modern rehabilitation efforts involve psychological interventions and treatment. These may involve behaviour modification, behaviour therapy, psychodynamic psychotherapy, and other cognitive and behavioural approaches towards rehabilitation. Freud’s psychoanalytic theories explained delinquency as a failure in psychological development as the child grows. Although newer and more effective evidence-based theories and practices were developed, it helped gained significant insight into the root causes of crime and offending and led to a range of individual and group therapies developing to be utilised with offenders, that included psychodrama and group counselling. Eventually behaviour-based contingency management programs and ‘time out' programs replaced earlier practices.

In Australian prisons, there are good reasons to create standard incentive models that involve community driven therapeutic programs for incarcerated individuals. The programs are based on a close observation of the day to day interactions and social functioning of prisoners to find therapeutic opportunities. The interventions and educational programs are modelled in a way to encourage offenders to assume responsibility their individual behaviours and consideration of their responsibility towards others. Further rehabilitation programs can also involve cognitive behavioural therapy (CBT) in which the pro-criminal values, thoughts and attitudes such as lack of empathy, low self-control, pleasure are addressed, challenged and replaced with positive personality traits. There is considerable evidence to suggest that this approach led to significant advances in reducing recidivism.

The imposition of harsher penalties is a result of a range of factors that have influenced the courts to a certain extent. One of these factors in the public’s punitive stance towards sentences and critical view of the courts. This arises from an overall lack of understanding about the criminal justice system’s workings and the situation involving the crime. The hard-line approach by governments as well as courts has often been justified citing public opinion, and their dissatisfaction and concern over rising crime rates. Public opinion in this regard has the ability to influence legislation that elected politicians justify on the basis of. Moreover, judges also make certain assessments of public opinion and frequently cite the terms ‘community sentiments’ and ‘community expectation’ when awarding sentences CITATION Pub13 \l 1033 (Public opinion on sentencing, 2013). Therefore, it is important that the community is given a correct understanding of the crime and the situation in which it was conducted in order for them to deduce accurate information about its nature, which will in turn inform their views regarding appropriate punishments.

In addition, contrary to public perception, Australian courts have not been as lenient. The perceived leniency of the courts towards crime of heinous natures reported in the media often leads to such sentiments. Moreover, the increasing rates of imprisonment can be explained by the fact that there are new laws being passed, longer sentences, more prosecutions based on criminal law and reductions in parole and other alternatives which are contributing to the overall inmate population, and give the perception that crime is increasing. In contrast, different policies and legislation may have contributed more towards overcrowded prisons rather than an increase in crime rates.

Therefore, it is evident that public opinion has the power to influence legislation and political agendas. Thus, it also makes it evident that a proper awareness regarding the crime be provided to the public in order for them to be properly informed regarding the context of crimes and overall reasons for rising incarceration. While, a greater focus on rehabilitation and education efforts for prisoners rather than harsher sentences would reduce recidivism, there also needs to be substantial efforts to educate and inform the Australian public about the correct facts. An uninformed public can potentially influence legislation that would bring about harsher sentences, and further contribute towards the problem. In this regard, state councils that provide information to the community through publication of information which relates to crime research, information on sentences, crimes and convictions can be launched in order to enhance their understanding and knowledge of these matters. Along with state councils, the role of the mass media will be critical in this regard.

References

BIBLIOGRAPHY Cullen, F. T., Jonson, C. L., & Nagin, D. S. (2011). Prisons Do Not Reduce Recidivism: The High Cost of Ignoring Science. The Prison Journal, 91(3), 48-65.

Nagin, D. S. (2013). Deterrence in the Twenty-first Century: A Review of the Evidence. Carnegie Mellon University.

NIJ. (2016, June 6). Five Things About Deterrence. Retrieved January 7, 2019, from National Institute of Justice: https://nij.gov/five-things/pages/deterrence.aspx#addenda

Patty, A. (2012, March 14). When it comes to crime, harsher punishment doesn't pay. Retrieved January 7, 2019, from Sydney Morning Herald: https://www.smh.com.au/national/nsw/when-it-comes-to-crime-harsher-punishment-doesnt-pay-20120313-1uykb.html

Public opinion on sentencing. (2013, May 27). Retrieved January 7, 2019, from Balanced Justice: https://www.balancedjustice.org/tougher-sentencing---what-the-community-wants.html

QLD Gov. (2018, October 9). Recidivism And The Cost Of Housing Prisoners. Retrieved January 7, 2019, from Queensland Corrective Services: https://corrections.qld.gov.au/recidivism-and-the-cost-of-housing-prisoners/

Six minutes with Andrew Haesler SC. (2015, December). Retrieved from LSJ of NSW.

Song, L., & Lieb, R. (1993). Recidivism: The Effect of Incarceration and Length of Time Served. Olympia, WA: Washington State Institute for Public Policy.

Subject: Law and International Law

Pages: 5 Words: 1500

Assignment

Risk Management Project

[Author’s name]

[Institute’s name]

Risk Management Project

Introduction

Currently, risk management is recognised as a necessary condition for business organisations to successfully enhance their performance level. Proper planning and implementation of the broad idea of risk management is a critical condition to effectively avail possible opportunities and avoid various forms of business risks. The approach of risk management is comprised of practical steps of anticipation and assessment of different forms of risks. The central aim of this approach is to strategically minimise the impact of different business hazards under the spectrum of the risk management process ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"YsixzzuQ","properties":{"formattedCitation":"(Olechowski et al., 2016)","plainCitation":"(Olechowski et al., 2016)","noteIndex":0},"citationItems":[{"id":483,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/5L5V5TPA"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/5L5V5TPA"],"itemData":{"id":483,"type":"article-journal","container-title":"International Journal of Project Management","issue":"8","page":"1568-1578","title":"The professionalization of risk management: What role can the ISO 31000 risk management principles play?","volume":"34","author":[{"family":"Olechowski","given":"Alison"},{"family":"Oehmen","given":"Josef"},{"family":"Seering","given":"Warren"},{"family":"Ben-Daya","given":"Mohamed"}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Olechowski et al., 2016). In simple words, risk management can be characterised as the systematic procedure of classifying, evaluating, and controlling different forms of threats with the help of wide-ranging organisational resources. It is mandatory for the organisations to follow specific protocols or principles to reduce the effect of uncertainty that appeared as great risk or uncertainty for the organisations. In this report, the primary focus is to consider the issue of risk management for the organisation of Optus to critically analyse the practical perspective of risk management project.

Discussion

The application of risk management can be observed in many different forms that require the adoption of appropriate guidelines under the domain of risk treatment. A critical consideration of any specific organisation under the scenario of organisational risk is the feasible condition to make better inferences about the suitability of different standards of risk management. The corporate organisation of Optus is selected to comprehensively examine the overall prospect of risk management by identifying the issue of specific risk. The company of Optus is categorized as the second-largest telecommunications company operating in Australia that provides broadband and internet services to potential customers.

Organisational Context

 Identification of the organisational context of Optus is an obligatory condition to completely apprehends the entire scenario of risk in this manner. This form of understanding further helps to figure out the organisation’s performance in case of appropriate risk management. Furthermore, exploration and examination of risk criteria of Optus is also a crucial approach to determine the real success of the scenario of risk management.

Summary of Optus’s Scope

The higher management of Optus is committed to offer and establish a significant plan of action to successfully achieve the objective of risk management effectively and efficiently. The wide-ranging idea of organisation’s scope is helpful to explore the overall planning of Optus when it comes to utilising organisational resources to achieve the objectives of security and risk management. The organisational scope of Optus consisted of different integrated processes and resources to ensure the successful completion of business projects by successfully address different organisational hazards.

It is observed that the corporate domain of Optus is committed to offering a comprehensive security assessment service to ensure successful exploration and assessment of ICT security risks. The central aim of this consideration is to offer secure evaluation outcomes to potential clients with the domain of minimal risk exposure ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"2TKRvbed","properties":{"formattedCitation":"(Barafort et al., 2017)","plainCitation":"(Barafort et al., 2017)","noteIndex":0},"citationItems":[{"id":482,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/F67DJ3NL"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/F67DJ3NL"],"itemData":{"id":482,"type":"article-journal","container-title":"Computer Standards & Interfaces","page":"176-185","title":"Integrating risk management in IT settings from ISO standards and management systems perspectives","volume":"54","author":[{"family":"Barafort","given":"Béatrix"},{"family":"Mesquida","given":"Antoni-Lluís"},{"family":"Mas","given":"Antonia"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Barafort et al., 2017). The organisation of Optus focuses on successfully implement the approach of risk management by implementing Work Health and Safety (WHS) risk management procedures according to the organisation’s requirements. The overall scope Optus in the scenario of risk management appears as the proper application of minimum WHS requirements and the principles of the Commonwealth WHS Act 2011. The scope of work in the case of Optus ranges to different workplace activities such as excavation, electrical procedure, confined areas, telecommunication work, and other organisational practices. The overall organisation’s scope is closely linked to Optus’s main objectives and business considerations. The central objective of Optus appeared as the development of improved sustainability in organisation’s culture, values, decision-making, potential products, and services for the sake of developing a sustainable business environment with the proper handling of risks.

External and Internal Contexts

A detailed examination of external and internal contexts in the practical scenario of Optus is an important condition to determine the specific need and requirements of risk management. The comprehensive risk management framework comprised of both the prospects of external and internal environmental conditions for Optus. There are different external and internal parameters that help to illustrate the paradigm of risk management for the telecommunication organisation of Optus. A proper understanding of external and internal contexts is a necessary condition to examine the prevailing prospects in the case of Optus.

The practical perspective of the external context contains all the different external environment parameters that greatly impact the organisation’s approach during the process of risk management. External stakeholders for Optus can mainly be recognised as its local, national, and global business environment, its main corporate-driving domains, and the facet of organisational objectives. Moreover, various forms of stakeholders’ values, perception, and their connection with different social, cultural, political, legal, regulatory, technological, economic, and competitive environmental aspects also influence the company’s position under the paradigm of external context ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Io62Wz1x","properties":{"formattedCitation":"(Radack, 2011)","plainCitation":"(Radack, 2011)","noteIndex":0},"citationItems":[{"id":481,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/E4CVIIRV"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/E4CVIIRV"],"itemData":{"id":481,"type":"report","publisher":"National Institute of Standards and Technology","title":"Managing information security risk: organization, mission and information system view","author":[{"family":"Radack","given":"Shirley"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Radack, 2011). The overall risk management approach of Optus greatly influenced by the political environment of the country. This specific scenario turned to the significant changes in changing rules and policies established by the Australian government. Additionally, the external business environment for Optus also closely linked with the practical spectrum of economic factors. The presence of economic instability naturally impacts the prospect of investment for the telecommunication company of Optus.

All the internal organisational parameters of Optus established under the spectrum of internal context. This domain explicitly describes the approach adopted by the organisation to successfully manage existing risk. All the available capabilities and skills of Optus identified under the spectrum of internal environmental context. The objective of sustainability closely linked with the internal parameters adopted by the organisation of Optus. The internal stakeholders of the organisation appeared as its internal operations to achieve the objectives of business enhancement and sustainability.

Optus’s Risk Criteria and Accepted Risk Levels

The practical approach of risk criteria is adopted to make better inferences in case of the existing level of risk within the organisational scenario. In other words, risk criteria comprised of various terms that can be assistive to determine the significance or importance of the overall organisation’s risk. The documented standard of risk within the organisational setting is the guiding principle for the management to decide whether the existing risk level is tolerable or not. In the context of the business functioning of Optus, WHS standards followed to meet the anticipated domain of compliance and risk management. The acceptable risk level recognised as the expected level of risk exposure for the organisation because the prospect of risk can never be fully eradicated as its probability can never be zero. The accepted risk level for Optus Australia appeared as the insignificant prospect of compliance and conflict of interest.

Risk Identification

Risk identification is illustrated as one of the most important approaches to successfully deal with different hazards at the organisational level. The phase of risk identification helps to explore the operating area that requires necessary and immediate fixation. The practical process of risk identification for the organisation of Optus is also useful to determine potential risk aspects and offer a better form of risk treatment accordingly. A comprehensive procedure of risk identification permits to successfully explore and analyse potential events in an organisational setting that can cause a great form of risk for the organisation. Proper adoption of the systematic procedure of risk identification also helps to examine the nature and specific levels of risks within the organisational domain ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"z3qw6qAP","properties":{"formattedCitation":"(Chowdhury & Arefeen, 2011)","plainCitation":"(Chowdhury & Arefeen, 2011)","noteIndex":0},"citationItems":[{"id":488,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/JBEFLI2G"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/JBEFLI2G"],"itemData":{"id":488,"type":"article-journal","container-title":"IJCIT, ISSN","page":"2078-5828","title":"Software risk management: importance and practices","author":[{"family":"Chowdhury","given":"Abdullah Al Murad"},{"family":"Arefeen","given":"Shamsul"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Chowdhury & Arefeen, 2011). Consideration of specific principles and guidelines is an essential condition to successfully identify potential risks that prevail for the telecommunication company of Optus in the competitive corporate setting.

Improper Digital Development and Variation

Extensive research of telecommunication competitive market explicitly revealed that the digital domain is dramatically growing. Telecommunication companies are competing when it comes to providing digital services to potential customers ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"rFmHvd32","properties":{"formattedCitation":"(Torabi et al., 2016)","plainCitation":"(Torabi et al., 2016)","noteIndex":0},"citationItems":[{"id":487,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/8GARUFDV"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/8GARUFDV"],"itemData":{"id":487,"type":"article-journal","container-title":"Safety science","page":"201-218","title":"An enhanced risk assessment framework for business continuity management systems","volume":"89","author":[{"family":"Torabi","given":"S. Ali"},{"family":"Giahi","given":"Ramin"},{"family":"Sahebjamnia","given":"Navid"}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Torabi et al., 2016). The growing prospect of diversification is one major risk for Optus to maximise profitability level by adopting required innovative business models according to the market’s opportunities. This type of risk eventually influences the organisational performance and value of the company.

Insufficient Application of Changing Requirements in Privacy, Security, and Trust

Today, ensuring the desired form of privacy, security, and trust of potential customers and workers is one of the most challenging business aspects for the telecommunication organisation. There are plenty of cases on record where companies faced the allegation of a data breach or information theft. Telecommunication companies are continuously facing the consumers’ concerns when it comes to their security and privacy in case of online data ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4VSV42se","properties":{"formattedCitation":"(Frigo & Anderson, 2011)","plainCitation":"(Frigo & Anderson, 2011)","noteIndex":0},"citationItems":[{"id":480,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/FB4T6G93"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/FB4T6G93"],"itemData":{"id":480,"type":"article-journal","container-title":"Journal of Corporate Accounting & Finance","issue":"3","page":"81-88","title":"Strategic risk management: A foundation for improving enterprise risk management and governance","volume":"22","author":[{"family":"Frigo","given":"Mark L."},{"family":"Anderson","given":"Richard J."}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Frigo & Anderson, 2011). Undoubtedly, it is a critical approach for telecommunication companies to build the desired domain of trust between organisations and potential consumers. The hazard of data breaches immensely faced by the organisation of Optus that ultimately affects the overall credibility of this company. It is complained by many customers that they faced the issue of privacy breaches in case of personal information such as their names, addressed, and other related details. The phenomenon of cybersecurity was greatly at risk under the business perspective of Optus as the telecommunication company.

Incapability to Successfully Adopt Internal Digitization Initiatives

The current competitive business environment requires successfully transforming customers’ experiences when it comes to offering digital initiatives to them. There is a number of organisations that are focused on delivering multilayer digital transformation domains for the customers effectively and efficiently ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"SugNoegu","properties":{"formattedCitation":"(Saleh & Alfantookh, 2011)","plainCitation":"(Saleh & Alfantookh, 2011)","noteIndex":0},"citationItems":[{"id":479,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/QBDK9UZ9"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/QBDK9UZ9"],"itemData":{"id":479,"type":"article-journal","container-title":"Applied computing and informatics","issue":"2","page":"107-118","title":"A new comprehensive framework for enterprise information security risk management","volume":"9","author":[{"family":"Saleh","given":"Mohamed S."},{"family":"Alfantookh","given":"Abdulkader"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Saleh & Alfantookh, 2011). This changing digital perspective is characterised as a major business risk for the company to ensure its value by adopting modified forms of digital skills.

 Failure to Properly Arrange Workforce Planning and Design

It is a challenging aspect for the telecom companies to maintain workforce environment according to a rapidly changing competitive environment. It is one great risk under the domain of risk management principles that organisations need to face when it comes to workforce planning and design. Attainment of digital skills is one major hazard for the company considering the objective of digital transformation. Development of workforce design according to the new business requirement is one of the central risks for the organisation that requires necessary attention. Provision of greater customer experience with the utilisation of workforce engagement is a major practical task for the telecom company. 

Failure to Appropriately Direct Interruption Scenarios

Proper fixation of any disruption in the form of digital service is one of the greatest risks for the organisations when it comes to achieving the objective of performance enhancement. Market demands are constantly changing due to the prospect of innovation that requires drastic policy alterations. This sort of challenge can be examined specifically through the example of 5G momentum. The growing trend of technology advancement in the field of telecom made it challenging and necessary for Optus to enhance its performance competitiveness and successfully address potential disruptive hazards. The changing business scenario is a growing risk for the organisation that requires an immediate plan of action on practical grounds. 

Inadequate Portfolio Management Procedures

The growing business environment demands organisations to successfully implement the idea of better management processes. It is one great challenge that requires proper risk management and treatment plan considering the importance of different management processes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"KOIdgVFR","properties":{"formattedCitation":"(Racz et al., 2010)","plainCitation":"(Racz et al., 2010)","noteIndex":0},"citationItems":[{"id":478,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/WVVFZ6VH"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/WVVFZ6VH"],"itemData":{"id":478,"type":"paper-conference","container-title":"Proceedings of the Ninth Baltic Conference on Databases and Information Systems (DB&IS 2010)","page":"155-170","publisher":"Citeseer","title":"A process model for integrated IT governance, risk, and compliance management","author":[{"family":"Racz","given":"Nicolas"},{"family":"Weippl","given":"Edgar"},{"family":"Seufert","given":"Andreas"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Racz et al., 2010). Convergence is a necessary condition that requires the adoption of proper management procedure according to the changing administrative requirements. 

Failure to Acclimate to Changing Governing Contexts

The intervention of appropriate governance can never be ignored as it appeared as one great risk factor for the organisations. The changing perspective of governing contexts requires immediate and flexible changes to successfully evaluate and deals with this form of risk. Consideration of regulatory frameworks is a challenging condition for the company that eventually appeared as development in innovative strategies. 

Lacking Engagement with Industry and Public Sector Setting

Insufficient form of work engagement within an industrial setting is one of the greatest risk factors that influence the final outcomes in the form of organisational performance. It is one of the primary standards for the telecom organisation to establish a balanced operating domain with the overall functioning of industry and public sector setting ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Xzlqd5g4","properties":{"formattedCitation":"(Tupa et al., 2017)","plainCitation":"(Tupa et al., 2017)","noteIndex":0},"citationItems":[{"id":486,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/94EQF2E9"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/94EQF2E9"],"itemData":{"id":486,"type":"article-journal","container-title":"Procedia Manufacturing","page":"1223-1230","title":"Aspects of risk management implementation for Industry 4.0","volume":"11","author":[{"family":"Tupa","given":"Jiri"},{"family":"Simota","given":"Jan"},{"family":"Steiner","given":"Frantisek"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Tupa et al., 2017). The growing form of digital transformation is a challenging condition for the telecom company to successfully apprehends the prospect of the desired level of market engagement and public sector involvement. 

Risk Analysis and Evaluation

           A successful application of phase of risk identification eventually leads to the stages of risk analysis and assessment. It requires understanding the overall nature and scope of the risk under the comprehensive prospect of risk analysis and evaluation. Consideration of specific standards is an obligatory condition to successfully apprehends the two major stages of risk analysis and evaluation during the entire domain of risk management plan according to the requirements of the organisation. The insufficient paradigm of privacy, security, and trust, improper management procedures, and failure to successfully arrange workforce planning and design are characterised as three major risk aspects appeared in case of corporate functioning of Optus as leading telecommunication organisation. It is important to analyse and evaluate the entire spectrum of risk in case of these challenges or hazards to successfully examine the entire domain of risk management ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"gZLeHSci","properties":{"formattedCitation":"(Gjerdrum & Peter, 2011)","plainCitation":"(Gjerdrum & Peter, 2011)","noteIndex":0},"citationItems":[{"id":477,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/WR5LQV5Z"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/WR5LQV5Z"],"itemData":{"id":477,"type":"article-journal","container-title":"Risk management","issue":"21","page":"8-12","title":"The new international standard on the practice of risk management–A comparison of ISO 31000: 2009 and the COSO ERM framework","volume":"31","author":[{"family":"Gjerdrum","given":"Dorothy"},{"family":"Peter","given":"Mary"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Gjerdrum & Peter, 2011). The broader prospect of risk assessment comprised of two main conditions or requirements identified as risk analysis and risk evaluation. A proper establishment of both these domains is an essential condition to figure out the intensity of the risk and propose better solutions to successfully deals with potential hazards. 

Risk Analysis

           After the first phase of risk identification, the next crucial stage under the spectrum of risk analysis has appeared as risk analysis. This practical approach is adopted in case of potential hazards facing by the organisation of Optus in the telecommunication industry. These risks are mainly identified in the form of inadequate approach to privacy, security, and trust, failure in the form of management processes, and proper development of workforce planning and designing according to organisational requirements. The stage of risk analysis is helpful to successfully anticipate the likelihood that these risks or threats can be materialised in case of the functioning of Optus in the market. It is a systematic procedure to evaluate the intensity of possible risks in the scenario of organisational operations. Additionally, risk analysis is illustrated as the proven form of action to successfully identify and assess all the features that can negatively affect the business functioning of Optus. The outcomes of this specific stage are also viable to make better inferences whether the company needs to move forward with a decision or establish some other operating prospect. 

           The perspective of risk analysis can never be considered complete without focusing on the influences of different assumptions, and consequences of different interrelated events or the company. This form of consideration is a suitable instrument to determine the intensity of hazard that prevails for Optus in case of all three major risks. Routine monitoring of everyday business activities in the scenario of Optus revealed that there is high risk involves when it comes to the privacy of customers’ personal information. The potential of hazard is also intense concerning to successful application of workforce planning and designing according to the need of the situation. Risk estimation is a mandatory condition that needs to be followed under the broader spectrum of risk analysis. The possible impact and likelihood of occurrence of these potential risks in future can only determine by adopting the standard of risk estimation. Consideration of possible controls in the organisational scenario is a suitable practical condition to make better inferences about the existing organisational operations. A critical examination of past events in the organisation’s history is also a necessary condition to successfully examine the entire scenario of risk for the organisation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"nHImLvdW","properties":{"formattedCitation":"(Cagliano et al., 2015)","plainCitation":"(Cagliano et al., 2015)","noteIndex":0},"citationItems":[{"id":476,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/CMYRPY5D"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/CMYRPY5D"],"itemData":{"id":476,"type":"article-journal","container-title":"Journal of risk research","issue":"2","page":"232-248","title":"Choosing project risk management techniques. A theoretical framework","volume":"18","author":[{"family":"Cagliano","given":"Anna Corinna"},{"family":"Grimaldi","given":"Sabrina"},{"family":"Rafele","given":"Carlo"}],"issued":{"date-parts":[["2015"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cagliano et al., 2015). Referring to the case of Optus as a telecommunication company operating in the Australian market, it is examined that in past, this organisation faced the challenge of a privacy breach at an extensive level. This form of fact identification ultimately explained the likelihood of the appearance of risks in future. 

           Risk Evaluation

           The primary objective of applying the process of risk evaluation is to assist the required form of decisions in case of potential risks and possible outcomes. The standard of risk evaluation is helpful to make a vital decision that which form of risk treatment is required in the organisational scenario of Optus by focusing its potential threats or managerial challenges. The practical phase of risk analysis revealed that there are high chances of risk in case of the issue of security, privacy, and trust for the potential customers. Moreover, the intensity of risk is also high when the organisation is keen to develop and design a competitive workforce according to the changing requirements of the market. The primary focus of criteria of risk evaluation is to ensure the provision of effective input in the scenario of prioritising risk treatments according to the need of specific organisational situation. 

           It is established that continuous exposure to a specific form of risk can cause great damage for the company referring the approach of proper organisational management. The stage of risk evaluation is a practical foundation to compare the outcomes of risk analysis with the specific standard of risk evaluation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"yXq91Prj","properties":{"formattedCitation":"(McNutt et al., 2010)","plainCitation":"(McNutt et al., 2010)","noteIndex":0},"citationItems":[{"id":485,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/6EIN9IH5"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/6EIN9IH5"],"itemData":{"id":485,"type":"article-journal","container-title":"International Journal of Social Economics","title":"The ethics of enterprise risk management as a key component of corporate governance","author":[{"family":"McNutt","given":"Patrick A."},{"family":"Demidenko","given":"Elena"},{"family":"McNutt","given":"Patrick"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (McNutt et al., 2010). The results of this prospect explicitly indicate whether the existing level of risks is acceptable for the company or not. The practical scenario of risk evaluation is a good approach to examine the intensity of risk exists for Optus mainly in case of hazards of a data breach and data theft. Consequences and probability of each major risk for the company assist to successfully implement the practical idea of risk evaluation. 

Risk Treatment

           Risk treatment is defined as a practical stage to adopt specific strategies to address potential risks appears for the project or the organisation. The procedure of risk treatment involves the adoption of different interconnected domains of consideration. The first phase of the approach of risk treatment is to critically evaluate the effectiveness of risk treatment. The next step is to make a rational decision on whether residual risk levels are acceptable for the company or not. The next facet of consideration in case of high risk is to create a feasible form of new risk treatment according to the need of changing situation. It is also important to critically examine the overall suitability of the risk treatment ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5Oq4Ahia","properties":{"formattedCitation":"(Hoffmann et al., 2013)","plainCitation":"(Hoffmann et al., 2013)","noteIndex":0},"citationItems":[{"id":475,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/CKV8US8M"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/CKV8US8M"],"itemData":{"id":475,"type":"article-journal","container-title":"Journal of purchasing and supply management","issue":"3","page":"199-211","title":"Uncertainty, supply risk management and their impact on performance","volume":"19","author":[{"family":"Hoffmann","given":"Petra"},{"family":"Schiele","given":"Holger"},{"family":"Krabbendam","given":"Koos"}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hoffmann et al., 2013). It is noteworthy to mention that all the selected options of risk treatment need to successfully aligned with the requirements of the specific operating situation. 

           The first phase of risk treatment explicitly indicates that the organisation of Optus have different options in case of a proper form of risk treatment. The first option for the company in the form of risk treatment is to adopt the option of avoiding the risk by rejecting the idea of a new start or continue with the practice that ultimately enhances the level of risk. The second available option in the form of risk treatment is to increase the existing level of risk to further enhance the potential of opportunity for the sake of advanced benefit. The third available option for the company is to completely eradicate the possible risk source. Changing the spectrum of likelihood is another available option under the spectrum of risk treatment. Adoption of a contingency plan to change consequences is another prominent option for the company to successfully deal with an existing form of risk. Shifting the magnitude of risk to any other party is another practical way to minimise the negative consequences of any potential risk. Retaining the paradigm of risk in the form of informed decision is another prominent option to successfully handle the problem of potential organisational risks. 

           A critical assessment of treatment options is a mandatory condition to propose the most suitable approach considering the practical scenario of the organisation. This form of information is also helpful to formulate a treatment plan according to the requirements of the situation. Balancing the available forms of costs and efforts of application is basic criteria when it comes to selecting the most suitable risk treatment option. It is viable for the company of Optus to adopt the combination of different risk treatment options to successfully deal with different existing hazards in a successful manner. The next step is to develop a treatment plan that describes the level of priority in the form of offering different risk treatment options with the focus of successful implementation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"80c0NUWq","properties":{"formattedCitation":"(Fern\\uc0\\u225{}ndez-Mu\\uc0\\u241{}iz et al., 2012)","plainCitation":"(Fernández-Muñiz et al., 2012)","noteIndex":0},"citationItems":[{"id":484,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/LS4WDIZ4"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/LS4WDIZ4"],"itemData":{"id":484,"type":"article-journal","container-title":"Journal of Cleaner Production","page":"36-47","title":"Occupational risk management under the OHSAS 18001 standard: analysis of perceptions and attitudes of certified firms","volume":"24","author":[{"family":"Fernández-Muñiz","given":"Beatriz"},{"family":"Montes-Peón","given":"José Manuel"},{"family":"Vázquez-Ordás","given":"Camilo José"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Fernández-Muñiz et al., 2012). Application of specific assumptions helps to determine that the combination of retaining the risk by the informed decision and successful pursuit of priority are significant forms under the domain of risk treatment plan. 

Organisational Risk Management Strategies

           The management of the company needs to be vigilant when it comes to adopting specific risk management strategies according to the requirements of the situation. The successful spectrum of risk management has appeared in four major forms of possibly avoiding the risk, reducing it, transfer it, and accept it to gain better outcomes from the situation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0O6UrYna","properties":{"formattedCitation":"(Chapman, 2011)","plainCitation":"(Chapman, 2011)","noteIndex":0},"citationItems":[{"id":474,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/6LMIIKJW"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/6LMIIKJW"],"itemData":{"id":474,"type":"book","ISBN":"1-119-98997-3","publisher":"John Wiley & Sons","title":"Simple tools and techniques for enterprise risk management","volume":"553","author":[{"family":"Chapman","given":"Robert J."}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Chapman, 2011). Development of the appropriate plan is a central risk management strategy to successfully handle the existing domain of risk. 

           Forming a rational decision to handle different forms of risk is another critical risk management strategy to achieve desired outcomes. All the four strategies of avoiding, reducing, transferring, and accepting risks have some potential advantages and limitations. It is important for the company’s management to select the most suitable option according to the company’s need. Reducing the existing form of risk is the strategic option selected for the organisation to obtain better results from the existing situation. The central limitation of this risk management strategy is that might lead to an ineffective form of controls for the company. 

Conclusion

           To conclude the discussion on the approach of risk management specifically in the scenario of the organisational setting of Optus, it is vital to indicate that complete avoidance of risk is not possible. Business organisations have to deal with the issue of risk in case of diverse forms that impact existing approaches of business in different forms. Reducing the existing form of risk is a suitable condition that can only achieve by implementing a comprehensive risk management plan according to the need of the organisation. 

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Barafort, B., Mesquida, A.-L., & Mas, A. (2017). Integrating risk management in IT settings from ISO standards and management systems perspectives. Computer Standards & Interfaces, 54, 176–185.

Cagliano, A. C., Grimaldi, S., & Rafele, C. (2015). Choosing project risk management techniques. A theoretical framework. Journal of Risk Research, 18(2), 232–248.

Chapman, R. J. (2011). Simple tools and techniques for enterprise risk management (Vol. 553). John Wiley & Sons.

Chowdhury, A. A. M., & Arefeen, S. (2011). Software risk management: Importance and practices. IJCIT, ISSN, 2078–5828.

Fernández-Muñiz, B., Montes-Peón, J. M., & Vázquez-Ordás, C. J. (2012). Occupational risk management under the OHSAS 18001 standard: Analysis of perceptions and attitudes of certified firms. Journal of Cleaner Production, 24, 36–47.

Frigo, M. L., & Anderson, R. J. (2011). Strategic risk management: A foundation for improving enterprise risk management and governance. Journal of Corporate Accounting & Finance, 22(3), 81–88.

Gjerdrum, D., & Peter, M. (2011). The new international standard on the practice of risk management–A comparison of ISO 31000: 2009 and the COSO ERM framework. Risk Management, 31(21), 8–12.

Hoffmann, P., Schiele, H., & Krabbendam, K. (2013). Uncertainty, supply risk management and their impact on performance. Journal of Purchasing and Supply Management, 19(3), 199–211.

McNutt, P. A., Demidenko, E., & McNutt, P. (2010). The ethics of enterprise risk management as a key component of corporate governance. International Journal of Social Economics.

Olechowski, A., Oehmen, J., Seering, W., & Ben-Daya, M. (2016). The professionalization of risk management: What role can the ISO 31000 risk management principles play? International Journal of Project Management, 34(8), 1568–1578.

Racz, N., Weippl, E., & Seufert, A. (2010). A process model for integrated IT governance, risk, and compliance management. Proceedings of the Ninth Baltic Conference on Databases and Information Systems (DB&IS 2010), 155–170.

Radack, S. (2011). Managing information security risk: Organization, mission and information system view. National Institute of Standards and Technology.

Saleh, M. S., & Alfantookh, A. (2011). A new comprehensive framework for enterprise information security risk management. Applied Computing and Informatics, 9(2), 107–118.

Torabi, S. A., Giahi, R., & Sahebjamnia, N. (2016). An enhanced risk assessment framework for business continuity management systems. Safety Science, 89, 201–218.

Tupa, J., Simota, J., & Steiner, F. (2017). Aspects of risk management implementation for Industry 4.0. Procedia Manufacturing, 11, 1223–1230.

Subject: Law and International Law

Pages: 12 Words: 3600

Assignment

Operational Definition

Name

Institution

Operational Definition

Describe the statement of purpose (or the main idea) of the study conducted by Ngo and Piquero.

Authors intended to explore the correlation between poor self control and various forms of victimization such as offending, harassment and stalking victimization within the Asian American population. This is because in the past, researchers paid much attention to study this phenomenon within majority groups and limited consideration was given to study the linkage between these factors within Asian American ethic minority.

What is the research question of this study? What is/are the hypothesis/hypotheses of this study?

The research question of this study is clearly linked to the purpose of study; what is the difference between the mean scores of Asian-American men and women with respect to self control, harassment and stalking victimization? Hypotheses include Asian American men has poor self control as compared to the Asian American women; Asian American women suffer more stalking victimization as compared to the Asian American Men and Asian American women suffer more harassment as compared to the Asian American Men.

Is there any prior literature related to the hypothesis/hypotheses? If yes, discuss the prior literature.

Yes, authors have presented various literature pieces to support the link between poor self control, harassment and stalking victimization but no particular evidence was found about this link with respect to the Asian American population; more research was done on Anglo population. A literature gap was indentified here therefore authors attempted to study the correlation between these factors among Asian American men and women of 18 years who encounter other majority groups in the colleges, universities or workplaces.

What methods are used to support the hypothesis/research question?

In order to verify the hypotheses and research questions of the study, authors designed self-report questionnaires and executed them online through internet. Sample was selected through convenient sampling and approximately 242 subjects were selected in total out of which 91 were females whereas the rest were males belonging to China, Pakistan, Sri Lanka, India, Thailand, Filipino, Korea, Japan, Cambodia and Vietnam. After administering the survey, data was analyzed using appropriate data analysis tools such as SPSS version 21.

Is this a quantitative or qualitative study?

It is purely a quantitative study because data was collected using objective tools such as survey questionnaires and was analyzed using credible statistical tools. It is said to be quantitative because data obtained from the subjects is encoded in numbers and is inserted into statistical tools where we can get the results in numbers. Quantitative study is having the minimal risk of subjection to the reliability and validity issues. For example, in this study t-test and correlational analysis was run on the data to study the mean difference between men and women with respect to self control, harassment and stalking and relationship between these variables in general.

What are the findings/results of the study?

This study found that Asian American men has poor self control as compared to the Asian American women; Asian American women suffer more stalking victimization as compared to the Asian American Men and Asian American women suffer more harassment as compared to the Asian American Men. Hence, this study served the purpose mentioned in the study objective quite satisfactorily and valuable information was contributed to the preexisting literature of crime studies with respect to the ethnic minorities.

Subject: Law and International Law

Pages: 2 Words: 600

Assignment

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LAW AND INTERNATIONAL LAW ASSIGNMENT

Students Name

University

LAW AND INTERNATIONAL LAW ASSIGNMENT

Introduction

The following paper presents the summaries of three journal articles regarding the basic categories of criminal law and implied theoretical framework. The articles pivot crime concentration at particular facilities, high concentration of crime at some addresses and the absence of crimes at others, and how offenders select their targets. All the articles are based on different crime and place theories that aid in understanding the nature, motivational dynamics, and other dimensions of fallacies occurred in the societal backdrop.

Crime Concentration at Particular Facilities

Article Title Risky Facilities Crime Concentration in Homogeneous Sets of Establishments and Facilities

Author John E. Eck and associate authors

Year of Publication 2007

The article highlights that crime concentration among specific homogenous social clusters is frequent and generally follow a precise and predictable pattern and mechanism. Such techniques and criminal outlines are familiar in the mtier of biology, social sciences, and physical sciences. The particular prominent facilities for crime concentration include hospitals, bars, restaurants, hotels, banks, and sports facilities and even educational institutions. However, the article suggests that in order to delve deeper for preventive measures, the notion of repeat victimization at risky facilities can be utilized. The hazardous facilities can proffer a wide array of causations that can help to comprehend the associated problems. Explanations, along with empirical exploration, are indispensable to observe the recurrence of criminal incidents at risky facilities. Afterward, implications to impede the progress of crime concentration are needed to be considered. Such an initiative can elevate the efficacy of crime control and can help in mitigating the crime concentration rate from particular premises.

High Concentration of Crime at Some Addresses and the Absence of Crimes at Others

Article Title Crime in Rural Areas A Literature Review

Author Jill Dando

Year of Publication 2005

The article elucidates the infamous debate regarding the comparative stats of crime concentration in rural and urban territories. In due course, the author incorporates a few instances of criminal incidents both from urban and countryside lives. According to the underlying posit of the article, it is asserted that rural areas are not exempted from crimes. However, the focus of media and other literature has precisely shifted to the criminal occurrences in cities. Through instance of Tony Martin case, Dando strives to corroborate that rural life is not bare of crimes. And delinquencies are an integral part of their mundane life, though never addressed adequately.

How Offenders Select Targets

Article Title Understanding Decisions to Burglarize from the Offenders Perspective

Author Joseph B. Kuhns

Year of Publication 2012

The article is an extension or should say improved research of a previous study. The observation comprised of the data attained from imprisoned men and women thieves from Ohio, Kentucky, and North Carolina. Throughout the research process, a well-devised questionnaire was employed to comprehend the pattern of target selection among burglars and other culprits. The important questions include the motifs that allure burglars toward felonies. Moreover, factors that are considered by robbers while pinpointing the target are underlined. Along with encouraging elements, the aspects that discourage burglars from taking any imitative against the target are also asked. Additionally, gender differences and specific techniques are examined. Data gathering and analysis affirm that a myriad of offenders targeted the victims on a seasonal basis. And most of the incarcerated culprits are arrested more than once for their misconducts. Study outcomes and previously observed pattern assert that burglary has numerous motivational stimuli, including money, insanity, drugs, or adrenaline. Moreover, only a little difference was found in the triggering rudiments and frequency of both genders.

Reference

Eck, John Clarke, Ronald Guerette, Rob. (2007). Risky Facilities Crime Concentration in Homogeneous Sets of Establishments and Facilities. Crime Prevention Studies. 21. 225-264.

Kuhns, Joseph. (2012). Understanding Decisions to Burglarize from the Offenders Perspective. 10.13140/2.1.2664.4168.

Marshall, Ben Johnson, Shane. (2005). Crime in Rural Areas A Review of the Literature for the Rural Evidence Research Centre.

LAW AND INTERNATIONAL LAW ASSIGNMENT

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Subject: Law and International Law

Pages: 2 Words: 600

Assignment

Your Name

Instructor Name

Course Number

Date

Law and International Law

Summarizing the facts

In the case, “Diamond J. MATTHEWS, Plaintiff, v. FOOD LION, LLC, Defendant” the basic facts are petitioner pleas from a hearing court order surrendering Perpetrator's indication for abstract ruling. In the protest the Complainant unproven that she agonized continuous pain as a consequence of her damage and experienced considerable medicinal costs. Petitioner claimed that there was enough indication to make a sincere subject of detail as to Hall's neglect and Perpetrator's obligation in the theory of respondent greater. Should Food Lion, LLC be accountable for Hall’s activities?

Setting Forth the Legal Issue

A manager is only responsible for a worker’s activities. On petition, Plaintiff set forth the legal issue such as that there is an honest subject of detail with regard to whether Hall, Perpetrator's worker, was temporary in the possibility of her service at the time of the unproven neglect.

Summarizing The Court’s Analysis and Ruling On Each Issue

Ruling is suitable if “depositions, pleadings, responses to interrogatories, and fees on folder, composed by the affirmations, if slightly, indicate that there is no honest subject as to any physical point and that some revelry is permitted to a ruling like a problem of rule.

Opinion

I believe that respondent had no power on Hall. Though Hall existed on the grounds of company, Respondent boss had no power on her behavior when respondent was “off the clock.” So, Hall was temporary outdoor the possibility of her service at the period she arrived the lavatory and Perpetrator is not accountable below the theory of respondent larger. So, the trial court correctly decided Defendant's gesture for swift judgment. Plaintiff claimed that there was adequate sign to create an honest subject of detail like to Hall's neglect and Perpetrator's obligation below the philosophy of respondent larger. This is an interesting and different petition.

Subject: Law and International Law

Pages: 1 Words: 300

Assignment

Olumuyiwa Ayanlami

Professor

Course

17 February 2019

Title: Assignment

Facts of the Case

The former classmates of Facebook's founder Mark Zuckerberg at Harvard, Tyler, and Cameron Winklevoss along with Divya Narendra, made the accusation that Facebook had stolen their idea of a social networking site while they were studying together as undergraduates. The claim was brought in a Massachusetts district court by the Winklevoss brothers to sue Mark Zuckerberg for stealing their intellectual property and misappropriating their ideas, to exploit those ideas for his own advantage. In that case, Facebook also sued the two brothers by claiming that the owners of ConnectU, the Winklevoss brothers hacked into Facebook to steal their users by spamming them.

The District Court decided that the Winklevoss brothers had no personal jurisdiction for the said action and subsequently ordered that the dispute be settled through mediation. The parties agreed to mediate after signing a confidentiality agreement in which all statements during the mediation process would be inadmissible in judicial proceedings and be non-discoverable. As a result of the mediation, ConnectU was moved towards the Facebook side.

However, during the final stages of the settlement, the negotiations fell apart, and Facebook filed a motion to have the settlement legally enforced through the district court. It was claimed by ConnectU that the settlement cannot be enforced because it was procured by fraud and it lacked any material terms. Deciding the case, the district court ordered the settlement agreement to be enforced after seeing it to be enforceable, thereby letting ConnectU transfer all its shares to Facebook. Winklevoss brothers also claimed that during the negotiations, Facebook claimed its shared to be at a higher value of $35.90 while in reality, they were at $8.80, which, if they had known earlier, would lead them to not sign the settlement. However, the District had the settlement agreement enforced against which the Winklevoss brothers appealed to the Circuit court.

Legal Issues

Can the settlement agreement be enforced? Were the Winklevoss brothers misled by Facebook regarding the value of their shares?

Court Ruling

The U.S Court of Appeals affirmed the decision of the District Court. Judge Kozinski held that it was time for the litigation to end and scolded the Winklevoss brothers to back out of their own settlement. The Court held that both of them had prior knowledge of what the settlement entailed in 2008 at the time of mediation, and any mediation agreement between two parties that is signed and settled cannot be reasonably interpreted to have a door open to further litigation about the terms of the negotiation. The Court also held that the Winklevoss brothers could not show that they were misled by Facebook regarding the values of the shares and without any reasonable evidence, this claim fails to prove itself.

Furthermore, the appeals court held that the Winklevoss brothers sought to gain profits through the litigation process which they could not do so competition in the marketplace; however, they had already released all their prior claims against Facebook during the mediation, which was quite favorable to them.

Opinion on Ruling

In my opinion, the court ruling was appropriate according to the facts of the case. When an agreement between two corporate organizations is reached in order to settle their dispute, it cannot be later claimed that the negotiation process is still opened for litigation, especially in the presence of the confidentiality agreement as well. Furthermore, the settlement gave the Winklevoss brothers a significant benefit that was highly favorable to them, and their further litigation claims on Facebook indicate that they were struck by the success Facebook had enjoyed over the years and saw an opportunity there. It is reasonable to claim that the Winklevoss brothers engaged in an unethical activity by trying to rescind their own mediation agreement, nevertheless, the case also shows that Mark Zuckerberg had also engaged in an unethical activity by copying some of ConnectU’s ideas. Yet, the settlement agreement was reached and the appeals court correctly upheld the earlier district court’s decision.

Subject: Law and International Law

Pages: 2 Words: 600

Assignment 1

Assignment 1

Name

Course

Date

Legalization of a death penalty is one of the human factors that has raised alarm in the recent past in the globe. With fear of the price that it carries, the issue has raised a lot of concerns. Some groups of individuals are in the point of support, others are opposing the idea whereas, and the rest are still in confusion. With the increase in the crimes and unlawful actions of citizens, there is a need to bring an end to all these. Besides, the constitution gives full support in this. Below are some of the argumentative points about the legalization and why it should be supported.

Prevention of future murder is deterred by the move. A lot of many incidents had been identified where most of US criminals failed to honour other penalties for their crimes. Out of this, most of them failed to respect life by committing murder to their fellows. By legalizing death penalty, there is an abolishment of future murders (Hood, 2015). This is because, it's vivid that if you commit an offence that equates death sentence, then the penalty applies. Advances in the entire processes of science aids to eliminate the mistakes that might be associated with the penalty. Since death penalty gives an irrevocable sentence, a lot of scientific improvement including proper checks and balances system designed has been put in place thus, limited risks (Brace, 2008).

However, the application of death penalty has been unfair across the globe. Most black Americans when committing an offence that results in the death penalty, a serious action is taken compared to if Whites are the criminals thereby making the penalty worst option (Cochran, 2006).

In conclusion, following the above highlighted argumentative ideas, it is clear that those in support of legalization are prominent and much. The move of legalizing the penalty is thus effective.

Reference

Brace, P. and Boyea, B.D., 2008. State public opinion, the death penalty, and the practice of electing judges. American Journal of Political Science, 52(2), pp.360-372.

Cochran, J.K. and Chamlin, M.B., 2006. The enduring racial divide in death penalty support. Journal of Criminal Justice, 34(1), pp.85-99.

Hood, R. and Hoyle, C., 2015. The death penalty: A worldwide perspective. OUP Oxford.

Stack, S., 2000. Support for the death penalty: A gender-specific model. Sex Roles, 43(3-4), pp.163-179.

Stack, S., 2003. Authoritarianism and support for the death penalty: A multivariate analysis. Sociological Focus, 36(4), pp.333-352.

Stack, S., 2004. Public Opinion on the Death Penalty. International Criminal Justice Review, 14(1), pp.69-98.

Subject: Law and International Law

Pages: 1 Words: 300

Assignment 1

LAW AND INTERNATIONAL LAW

Assignment 1

Tut Nienkel

Table of Contents

TOC \o "1-3" \h \z \u Annotated Bibliography PAGEREF _Toc21721048 \h 3

Introduction PAGEREF _Toc21721049 \h 7

Breakdown of the topic PAGEREF _Toc21721050 \h 8

Summary PAGEREF _Toc21721051 \h 8

Conclusion PAGEREF _Toc21721052 \h 9

References PAGEREF _Toc21721053 \h 11

Critical analysis of the challenges Indigenous communities in Australia experience after colonization, specifically in relation to law, crime and/or corrections.

Annotated Bibliography

Brookman, R.P., Wiener, K.K., 2017. Predicting punitive attitudes to sentencing: Does the public’s perceptions of crime and Indigenous Australians matter? Aust. N. Z. J. Criminol. 50, 56–77.

The article brings about the perceptions of crime attached to the indigenous people. The authors believe that since there is a wide gap between the perception of crime between the indigenous people and ordinary Australians, therefore the methods of predicting the attitudes toward sentencing remains different. The quantitative data included in the study provides an in-depth analysis of the situation which has gradually erupted to this level. The data has been collected through different organizations which work for the betterment of the indigenous and aboriginal communities in Australia. They also mention that in the English-speaking countries and communities, the punitive attitude toward lawbreakers differ. The difference pertains to the reason that since they face different circumstances in daily life; and their attitude remains different toward the community-based settings, therefore the results remain different and somehow surprising. The article has examined the utility of the predictors who record the punitive attacks.

The result compilation of this study is based on an online survey which included some 500 Australians. For the research essay, this study remains useful since it provides the reason why some people follow a specific attitude. The authors believe that since it is the community and the limited resources they have in hand, therefore; the pattern of punitive attack differs. As this study is based on two differential patterns of crime measurement, therefore the results deduced suggest the pattern of punitive attitude in the indigenous communities of Australia. As the research paper aims at identifying the reason why majority people hold a negative view about the indigenous people; therefore, this study also supports some facts opined in the paper. The article concludes with putting forth the negative perceptions attached to the indigenous tribes and finally presenting a narrative which goes with what is planned to argue in the essay.

Cunneen, C., Tauri, J., 2019. Violence and Indigenous communities. DeKeseredy W Rennison C Hall-Sanchez Eds Routledge Int. Handb. Violence Stud. Routledge N. Y. 350–361.

Cunneen and Tauri have explored the patterns of crimes among the indigenous people. They believe that there exist some similarities in the pattern of crimes among the indigenous people of Australia, New Zealand and Canada. There exists various reason as to why such similarities exist. For example, the resource distribution is similar, the pattern of social culture and the attitude of ‘civilized’ people is similar, therefore the attitude of people with the indigenous communities remain similar. As the planned research is limited to why people adopt negative attitudes toward the indigenous people, this research remains supportive to much extent. The author's arguments are based on the qualitative methodology; therefore, it remains supportive throughout the research. It provides insight into the criminal patterns and why there exists a common trend in crimes, so the results remain supportive of the thesis argued in the first place in the essay.

Another important aspect the authors have brought forward is the reason as to why the indigenous people are portrayed. They have blamed not the indigenous communities, rather the system they are surrounded with. For example, they write that indigenous people in Australia are forced to live under conditions which remain derogatory and such attitude of Australians forced the indigenous people to adopt a negative path. Such defiance of authorities is not just limited to Australia, rather New Zealand and Canada adopt a similar strategy too. The strict watchfulness of the authorities forces the indigenous communities to adopt a path, which is conflicting. As the research focuses on how the Australian legal system treats the criminal aspects related to the indigenous communities, therefore this article provides the basis to debate over that. Finally, their arguments remain substantial to support the narrative of the thesis statement of which the article focuses on.

Gray, J., Beresford, Q., 2008. A ‘formidable challenge’: Australia’s quest for equity in

Indigenous education. Aust. J. Educ. 52, 197–223.

There has remained a challenge to each Australian government about the indigenous tribes. Beresford has written extensively how this aspect remains significant for the Australian cultural and social setup. The indigenous tribes cannot be placed at far or at distant areas, similarly, the population of Australia cannot be made ignorant of how the indigenous add value to their society. This bridge has long impacted on the studies completed over the indigenous people. Another interesting aspect of the article is the way it relates to the research. Since the theme of the research relates to why there exists a substantial gap between indigenous people and Australians, therefore it supports the theme in a different manner. For many scholars in Australia, the indigenous communities hold considerable challenge. They call them a challenge since there is a much difference in between what is been projected and what is the real-time problem.

The research designed below is related to the problems the indigenous people face with respect to the corrections and criminal procedures. Their friction with the system arises for the fact that they have not been studied and explored. Their role and the activities they surround themselves with are unexplored, therefore when there becomes a reason for their interaction with the Australians, they are treated badly. The author's exploration of this aspect holds significant importance as it brings forth the primary fault between the indigenous people and ordinary Australians. This article supports the claim that as there is a weak connection between the Australians and the indigenous people, therefore there is a small share in Australian laws which speaks for the rights of these people. The authors opine that unless there is no substantial research over these communities, they cannot be made a part of the Australian culture.

This annotated bibliography presents the idea that indigenous people have been a topic of wide research. Although different, but scholars from time to time have explored different aspects about them. There are many scholars who have explored different aspects of these people. Considering the research topic explored in this assignment, this annotated bibliography includes a broader aspect and conforms to the requirement of the research thesis. The following research will add another aspect to the present literature about the indigenous people of Australia.

Major Essay

Critical analysis of the challenges Indigenous communities in Australia experience after colonization, specifically in relation to law, crime and/or corrections.

Introduction

The representation of the indigenous people among colonial societies in Australia is well- established. Since 1980, there is an increasing trend of indigenous people facing imprisonment which primarily arises from a biased judicial system, which is not workable for the people of indigenous heritage. Just to consider the bad state of affairs, it is worth noting that from the quarter of June 2017, the indigenous people in Australia represents around 28 per cent of the prison population ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"75QbypQm","properties":{"formattedCitation":"(Taylor and Bell, 2018)","plainCitation":"(Taylor and Bell, 2018)","noteIndex":0},"citationItems":[{"id":627,"uris":["http://zotero.org/users/local/s8f0QVnP/items/8IMRTH6Q"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/8IMRTH6Q"],"itemData":{"id":627,"type":"book","title":"Changing places: Indigenous population movement in the 1990s","publisher":"Canberra, ACT: Centre for Aboriginal Economic Policy Research (CAEPR), The …","source":"Google Scholar","title-short":"Changing places","author":[{"family":"Taylor","given":"John"},{"family":"Bell","given":"Martin"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Taylor and Bell, 2018). It raises question on the provision of assistance about law and corrections to the aboriginal population in Australia. Although the criminal system in Australia is not fragile, rather it includes differential legal barriers which prevent the criminal offences to a much large extent. However, about the indigenous population, the Australian law incorporates gap, this is the reason why majority Australians believe that with reference to law, crime and corrections, the indigenous are not taken proper care of ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"sHmKlPmn","properties":{"formattedCitation":"(Biddle and Taylor, 2018)","plainCitation":"(Biddle and Taylor, 2018)","noteIndex":0},"citationItems":[{"id":626,"uris":["http://zotero.org/users/local/s8f0QVnP/items/G8HVUH8Y"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/G8HVUH8Y"],"itemData":{"id":626,"type":"book","title":"Indigenous population projections, 2006-31: Planning for growth","publisher":"Canberra, ACT: Centre for Aboriginal Economic Policy Research (CAEPR), The …","source":"Google Scholar","title-short":"Indigenous population projections, 2006-31","author":[{"family":"Biddle","given":"Nicholas"},{"family":"Taylor","given":"John"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Biddle and Taylor, 2018).

For the indigenous population in Australia, the challenges remain multiplexed. In addition to forced settlement, removal of the traditional authorities, reduction of the habitable land for indigenous and dislocations are some of the pressing challenges, the indigenous in Australia face. At the top of these challenges, there are legal and judicial barriers which keeps them at distance from gaining access to justice. Considering the ratio of indigenous prisoners in Australia, it appears right to argue that non- indigenous courts held a biased opinion when it comes to sentencing the indigenous Australians.

Breakdown of the topic

This essay aims at critically analysing the legal challenges indigenous communities face in Australia and why non- indigenous courts remain too biased when it comes about the indigenous people. A section of paper will also consider the disadvantageous impacts over indigenous people when it comes to law and corrections. Collectively, these arguments will analyse the authenticity of the thesis statement mentioned in the introductory paragraph.

Summary

There is no second opinion in the fact that indigenous people in Australia are not considered a part of the civilized culture. They are not considered a civilized state and thereby they cannot be governed themselves by a sovereign law. This absence of a concrete statute of law suggests the inherent weaknesses the indigenous people could have faced. Notwithstanding with the Australian law, the indigenous communities, therefore, face the repercussions which negatively effects on their identity ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"jlVD2Gnt","properties":{"formattedCitation":"(Taylor, 2018)","plainCitation":"(Taylor, 2018)","noteIndex":0},"citationItems":[{"id":632,"uris":["http://zotero.org/users/local/s8f0QVnP/items/Q2P7UYQI"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/Q2P7UYQI"],"itemData":{"id":632,"type":"article-journal","title":"Short-term Indigenous population mobility and service delivery","source":"Google Scholar","author":[{"family":"Taylor","given":"John"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Taylor, 2018). Considering from the start, the absence of law, absence of domestic statues and unavailability of facilities in criminal proceedings and corrections force the indigenous communities to lead slipshod lives. Such aspects reflect the prevalence of Imperialist concepts. However, with the abolishment of the racial discrimination through Commonwealth racial discrimination act in 1975, there has been an improvement in the manner, the cases of indigenous people are dealt ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"YjeYoBy4","properties":{"formattedCitation":"(Altman and Fogarty, 2010)","plainCitation":"(Altman and Fogarty, 2010)","noteIndex":0},"citationItems":[{"id":635,"uris":["http://zotero.org/users/local/s8f0QVnP/items/CM9XZRY8"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/CM9XZRY8"],"itemData":{"id":635,"type":"chapter","title":"Indigenous Australians as' No Gaps' subjects: education and development in remote Indigenous Australia","container-title":"Closing the gap in education: Improving outcomes in southern world societies","publisher":"Monash University Publishing","source":"Google Scholar","title-short":"Indigenous Australians as' No Gaps' subjects","author":[{"family":"Altman","given":"Jon"},{"family":"Fogarty","given":"William"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Altman and Fogarty, 2010). The racial discrimination act has also acted as a cure to relieve the indigenous people from the impacts of colonialism.

The legal challenges indigenous people in Australia face are numerous. However, the struggle of the indigenous people has relieved their problems too much extent. The legal challenges at present the indigenous people encompass are related to particular ‘racial’ characteristics. In some cases, the cultural attributes of the indigenous communities have also been considered as criminogenic. However, the principles related to sentencing apply equally and irrespective of the race or tribe. The non- indigenous courts remain too biased since there exists a circumstantial gap which impacts over the indigenous tribe negatively ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"jpZZx0od","properties":{"formattedCitation":"(Altman and Hinkson, 2010)","plainCitation":"(Altman and Hinkson, 2010)","noteIndex":0},"citationItems":[{"id":638,"uris":["http://zotero.org/users/local/s8f0QVnP/items/YVUH7ZWR"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/YVUH7ZWR"],"itemData":{"id":638,"type":"book","title":"Culture crisis: Anthropology and politics in Aboriginal Australia","publisher":"University of New South Wales Press","source":"Google Scholar","title-short":"Culture crisis","author":[{"family":"Altman","given":"Jon"},{"family":"Hinkson","given":"Melinda"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Altman and Hinkson, 2010).

The disadvantageous impact of the law and crime over the indigenous people vary. Since these people are not completely subjected under the Australian law, therefore there remain many chances that corrections and courts mighty show a specific orientation toward them. As the Australian High Court held in the case titled “Walker v. the State of New South Wales” that it stands a prime principle that human is considered as equal under a unified law, and the practices which impact differently over different people for same conduct should be avoided. It shows that although to a narrow extent but the indigenous people have remained subjects of a flawed conceptual framework of law which has impacted their identity negatively ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"uPMrMMTn","properties":{"formattedCitation":"(Moreton-Robinson, 2007)","plainCitation":"(Moreton-Robinson, 2007)","noteIndex":0},"citationItems":[{"id":640,"uris":["http://zotero.org/users/local/s8f0QVnP/items/UGTNE748"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/UGTNE748"],"itemData":{"id":640,"type":"book","title":"Sovereign subjects: Indigenous sovereignty matters","publisher":"Allen & Unwin Sydney","source":"Google Scholar","title-short":"Sovereign subjects","author":[{"family":"Moreton-Robinson","given":"Aileen"}],"issued":{"date-parts":[["2007"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Moreton-Robinson, 2007).

The arguments and the facts cited above suggest that indigenous people in Australia have undoubtedly been a subject of blemishes in Australian law. There remains no doubt in the fact that such people have faced instances which goes against the humanitarian values ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"etdZRp54","properties":{"formattedCitation":"(Marchetti and Daly, 2004)","plainCitation":"(Marchetti and Daly, 2004)","noteIndex":0},"citationItems":[{"id":641,"uris":["http://zotero.org/users/local/s8f0QVnP/items/UPSRI7EV"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/UPSRI7EV"],"itemData":{"id":641,"type":"article-journal","title":"Indigenous courts and justice practices in Australia","source":"Google Scholar","author":[{"family":"Marchetti","given":"Elena"},{"family":"Daly","given":"Kathleen"}],"issued":{"date-parts":[["2004"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Marchetti and Daly, 2004). Therefore, the facts mentioned above authenticates the thesis referred above that non- indigenous courts held a biased opinion when it comes to sentencing the indigenous Australians.

Conclusion

The indigenous communities anywhere in the world have faced swerving repercussions. The absence of a specific framework which matches the requirement of their culture and traditions remains absent. It remains an undeniable fact that those who work for human rights protection and for the sustenance of the human values act interestingly in a biased manner. It remains also noticeable that such negativity replicates over them negatively. Such dual structures in-laws suggest that there exists friction among the legal structure when it comes to differential law-related structures for the residents of the same country. It remains not a valid argument that considering the historical genesis of a race, they must be subjected to a specific set of laws. The case of Australian indigenous communities also suggests that they have been treated no differently. Their case also remains viable when it comes to talking about the ways how people from a certain community are targeted. In conclusion, it appears right to argue that those who believe have served as the framers of Australian constitution have shown a wide negative attitude toward the indigenous people especially when it comes to laws pertaining to crimes and corrections. Many scholars in Australia have explored the ways how the system of corrections and criminal related challenges pertaining to indigenous people can be eliminated.

References:

ADDIN ZOTERO_BIBL {"uncited":[["http://zotero.org/users/local/s8f0QVnP/items/GGF33CW7"],["http://zotero.org/users/local/s8f0QVnP/items/8IMRTH6Q"],["http://zotero.org/users/local/s8f0QVnP/items/YVUH7ZWR"],["http://zotero.org/users/local/s8f0QVnP/items/CM9XZRY8"],["http://zotero.org/users/local/s8f0QVnP/items/G8HVUH8Y"],["http://zotero.org/users/local/s8f0QVnP/items/TSJBDJLA"],["http://zotero.org/users/local/s8f0QVnP/items/Q2P7UYQI"],["http://zotero.org/users/local/s8f0QVnP/items/UGTNE748"],["http://zotero.org/users/local/s8f0QVnP/items/JXVY2KU9"]],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Altman, J., Fogarty, W., 2010. Indigenous Australians as’ No Gaps’ subjects: education and development in remote Indigenous Australia, in Closing the Gap in Education: Improving Outcomes in Southern World Societies. Monash University Publishing.

Altman, J., Hinkson, M., 2010. Culture Crisis: Anthropology and Politics in Aboriginal Australia. University of New South Wales Press.

Biddle, N., Taylor, J., 2018. Indigenous population projections, 2006-31: Planning for growth. Canberra, ACT: Centre for Aboriginal Economic Policy Research (CAEPR), The ….

Brookman, R.P., Wiener, K.K., 2017. Predicting punitive attitudes to sentencing: Does the public’s perceptions of crime and Indigenous Australians matter? Aust. N. Z. J. Criminol. 50, 56–77.

Cunneen, C., Tauri, J., 2019. Violence and Indigenous communities. DeKeseredy W Rennison C Hall-Sanchez Eds Routledge Int. Handb. Violence Stud. Routledge N. Y. 350–361.

Gray, J., Beresford, Q., 2008. A ‘formidable challenge’: Australia’s quest for equity in Indigenous education. Aust. J. Educ. 52, 197–223.

Marchetti, E., Daly, K., 2004. Indigenous courts and justice practices in Australia.

Moreton-Robinson, A., 2007. Sovereign subjects: Indigenous sovereignty matters. Allen & Unwin Sydney.

Taylor, J., 2018. Short-term Indigenous population mobility and service delivery.

Taylor, J., Bell, M., 2018. Changing places: Indigenous population movement in the 1990s. Canberra, ACT: Centre for Aboriginal Economic Policy Research (CAEPR), The ….

Subject: Law and International Law

Pages: 7 Words: 2100

Assignment 2

The Mabo Case

Student’s Name

Professor’s Name

Subject

University

Date

Table of Contents

TOC \o "1-3" \h \z \u 1. Introduction PAGEREF _Toc414035953 \h 3

2. Importance of Mabo Case PAGEREF _Toc414035954 \h 4

2.1 Acknowledgement of the Emotional Connection PAGEREF _Toc414035955 \h 4

2.2 The Native Titles PAGEREF _Toc414035956 \h 5

3. Role of Media PAGEREF _Toc414035957 \h 5

4. Concluding Remarks PAGEREF _Toc414035958 \h 6

Bibliography PAGEREF _Toc414035959 \h 7

1. Introduction

The Mabo case decision has had a far-reaching impact. Torres Strait and Aboriginal peoples occupied the country for more than fifty thousand years before the British arrival in Australia in 1788. The British brought with them a new language and a set of new laws and customs. Additionally, they developed a strong connection with the country through the Australian land over the time. Primarily, on their arrival, the British declared Australia to be terra nullius, i.e., the land of no people, an empty land that belongs to no body. Under the International Law, this term implies that the territory is inhibited (Fitzmaurice, 2007). For this reason, they refused to recognize the occupation and unique connection of the Torres Strait and Aboriginal peoples to the Australian land. Furthermore, The British took over the Australian land from these peoples without any agreement or payment.

Eddie Mabo was a Torres Strait Islander. He fought to change the Australian laws concerning the ownership of the land because he believed them to be wrong. Since his childhood, Mabo witnessed Queensland Government’s strict regulation of the land in the country. In his heart, he certainly believed that the land belonged to the people of Torres Strait who inhabited there for thousands of years. However, the Australian government also believed that the land belonged to it. In 1981, Mabo took his first step towards changing the lives of the Aboriginal peoples in Australia forever. He made a speech in James Cook University of Queensland exhibiting his and his people’s beliefs concerning the ownership and inheritance of land in the country.

A lawyer heard the speech. He approached Mabo and asked him that if he would like to challenge the Australian government in the courts to declare the true ownership of the land. It is what exactly Mabo did. He challenged the government. The case ran for ten years in the courts. It was not until 1992 when the court decided that the terra nullius should not have been applied to the lands in the country. The decision further recognized that the Torres Strait Islander and Aboriginal peoples had the rights on the lands. The judgment further explained that the rights exercised on the lands before the arrival of the British must continue to date. Sadly Mabo never found out about the results of his case. He died in the same year, just five months before the decision came out.

2. Importance of Mabo Case

The Mabo case proved to be turning point to the lives of the Torres Strait Islander and Aboriginal peoples in Australia for three prime reasons. Firstly, it acknowledged the unique connections of the peoples with the Australian land, and secondly, it led the passing of The Native Title Act 1993 by the Australian Parliament.

2.1 Acknowledgement of the Emotional Connection

The Mabo decision primarily acknowledged the emotional and historical linkage of the Torres Strait Islander and Aboriginal peoples to the lands in Australia. The decision is of considerable importance to the Indigenous peoples in the country due to the fact that the presence of these peoples have now officially been recognized by the Anglo-American laws. Moreover, Australia is no more terra nullius now. However, with the passage of time, criticism on the decision increased. Irene Watson, noted scholar, observed that although most people, post Mabo, think that the Aboriginal peoples in Australia has won but as a matter of fact, they are still working hard for same goal, i.e., land rights and self determination (Kirra.austlii.edu.au, 2005). He continued that the peoples are even working harder now due to the fact that they to unmask the illusion as well, the illusion that the blacks have got all of it (Kirra.austlii.edu.au, 2005).

Although the decision of the Mabo case generally seemed welcome, it became increasingly divisive with time. Almost all of the Indigenous people celebrated the victory. They began looking forward to a new age of reconciliation, perhaps (as apparent from some of the public discussions on various platforms) even a new republican constitution. However, with the passage of time, more people began to oppose a particular part of the case, i.e., the white guilt industry (ABC News, 2012). Moreover, mining industry has been really concerned about the after-effects of the Mabo case decision. It worried that the mining industry in Australia will be flooded with land claims in contrary to the national interest. The Minerals Council of Australia (previously known as the Australian Mining Industrial Council) took out full-page advertisements in this regard. Additionally, the claim of Victorian Premiere Jeff Kennett that the Australian backyard was under threat from the Aboriginal peoples only added to the panic. He, since then, has admitted that he wrong in making the claim (The Age, 2002).

2.2 The Native Titles

The Native Title Act 1993 recognizes a set of rights and interests over lands and waters of the areas where the Torres Strait Islander and Aboriginal peoples inhibit in Australia (Nntt.gov.au, n.d.). In these areas, the groups of peoples have practiced (and continue to practice) customs and traditional laws prior to British occupation (sovereignty). The native rights can also be seen as a bundle of sticks where each and every stick represents a different type of right such as the right to visit places of cultural importance, build shelters, collect food, hunt and fish, conduct ceremonies, and live and camp in the area (Nntt.gov.au, n.d.). Therefore, selling or leasing parts of the lands reduces the size of the bundle until a time would come when nothing would be left out of the bundle.

For these reasons, native titles must be recognized. Courts need answers to the following two questions in this regard. The first question is if the rights and interests of the Torres Strait Island and Aboriginal peoples are based on their conventional connection to the land under the traditional laws and customs of these peoples. If the answer to this question is in affirmation then the court moves on to the next question that if the conventional connection of the peoples with the lands had partially or entirely been extinguished due to any actions taken by the government such as selling or leasing parts of the claimed lands. The partial extinguishment can be exclusive (the native title holder can access the land) and non-exclusive (the native title holder cannot access the land) (Nntt.gov.au, n.d.).

An issue of validity of land titles has been raged since Mabo decision, which is the foundation of the case. Although the roots of this issue date back to 1975 when the Racial Discrimination Act came into effect. It implemented the country’s obligation to eliminate all kinds of racial discrimination for being a signee of the International Convention on the Elimination of All Forms of Racial Discrimination. Section 9 of the Act prohibits any person from engaging into an activity that is discriminatory on racial basis in nature and thus hinders the enjoyment of any fundamental freedom or human right. Section 10 of the Act states the government cannot prohibit any person of color from enjoying any fundamental freedom or human right that is being enjoyed by any other person, and if the government does so then the act itself will be abrogated by the Racial Discrimination Act.

Since the Mabo case has run for a decade, many decisions surfaced during the process. In an early decision, the court decided that the Queensland Coast Islands Declaratory Act 1985 is in contradiction with the Section 10 of the above mentioned Act, and therefore, is invalid. The Declaratory Act mentioned that the land off the coast of Queensland vested in the government without all competing interests. The effect of this Act would have defeat the claim made in the Mabo case. The view to present here does not comprise of the concern that the land titles granted since 1975 may infringe the particular titles of the Racial Discrimination Act but the fact the extinguishment of native titles is an attribute of the title itself instead of being an outcome of any racial discrimination.

Another issue that the Mabo case failed to address is the issue raised in the case title Guerin vs. the Queen (1984). In this case, the issue was raised that if the State governments were bound by the duty to act in the best interests of the Aboriginal peoples while they deal with the land subject to native title, particularly when the case would likely to be ended in extinguishment of the title. In 1984, the case decision held that the government of Canada retains a fiduciary duty to act in the best interests of its people involved in cases concerning lands with native titles. However, this fiduciary duty was raised in the Mabo case, it was never resolved. Although there is a possibility that the high court will impose a fiduciary duty on the government in Australia but the consequence of breach of that duty would only result in damages rather than invalidity of the land title (Aph.gov.au, 1994). For this reason, it can be argued that one of the consequences of the Mabo case is that the litigation concerning native titles is expensive, time consuming, and difficult in addition to the consequence that it adds to the vulnerability of the native title to extinguishment (Aph.gov.au, 1994).

3. Role of Media

The case was not given due importance before its decision. However, it received daily press and media coverage once the general public’s interest escalated in the decision. The Canadian Native Law Reporter devoted a complete special edition to the Mabo case decision along with a brief discussion on the Aboriginal Law courses throughout the world in general and in Canada in particular. Moreover, the judgment has also been made a part of text materials in various world-renowned universities such as Osgoode Hall (York University) and the University of British Columbia. Additionally, the judgment was affirmed and liberally quoted in R vs. Van der Peet, a 1996 Supreme Court of Canada’s case on Aboriginal Rights. Because of these reasons, every layman had a list of merits of the case to talk about despite the fact that no one had actually read the 204 pages long decision of the case. An article titled Mabo, The Plain Story, was published in 1994 (Trove, 1994). The article discussed the issue from the point of view of an outsider. It explained that the legalistic language of the Mabo case decision was difficult for the uneducated and illiterate people of Australia to understand (Trove, 1994). Wherever it has become possible, it sparked a national debate on the topic. Such national debate has been of considerable importance because it was necessary for the Australian people to fully grasp the meaning of fight of freedom. This article maintains its place in the role of media played back in that time due to the great insight it successfully provides about the views and perspectives of the people not fully involved in the legal part of the Mabo case. It also provided, at that time, an insight into the effect and consequences of the case (Trove, 1994).

4. Concluding Remarks

The Mabo decision made a huge impact on Australian life. It made clear that the society and institutions in the country are capable of coping with any kind of enormous shifts. However, some of the people among the general public and the ones with better-heard voice continue to claim that the decision could not go far enough to achieve the justice in real meanings. It indicates that the Australian society can manage to be aspirational in embarking on reform efforts despite the inevitable argument following profound change. Moreover, from the debates over the time, it has also been made clear that the divisive language being used for the debates on the decision is unnecessary. But, the Australian institutions withstood the shock of the change with grace it surely indicates that the researchers and practitioners have been engaging in a respectful and well-modulated public discussion to achieve it. Finally, although apparently significant advances in the Australian laws have been made after the Mabo decision, more work remains to be done. Any single advancement in isolation is not sufficient in approaching to the claims for justice by the Indigenous peoples in Australia. Fulfilling the promise of Mabo is an on-going effort. It needs a suite of reforms embracing the economy, policy and law.

Bibliography

ABC News. (2012). Fears swallowed by the steady unfolding of reality. [online] Available at: https://www.abc.net.au/news/2012-06-07/green-reflections-on-the-mabo-debate/4056156 [Accessed 12 Mar. 2019].

Aph.gov.au. (1994). Professor Michael Crommelin "Mabo: The Decision and the Debate" – Parliament of Australia. [online] Available at: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/~/link.aspx?_id=AD279BCE00DE41188423F1BBCE32E740&_z=z [Accessed 12 Mar. 2019].

Fitzmaurice, A., 2007. The genealogy of terra nullius. Australian Historical Studies, 38(129), pp.1-15.

Guerin v The Queen [1984] 2 S.C.R. 335

Kirra.austlii.edu.au. (2005). Watson, Irene --- "Racism in Legal Education Special - Some Reflections on Teaching Law: Whose Law, Yours or Mine?" [2005] IndigLawB 6; (2005) 6(8) Indigenous Law Bulletin 23. [online] Available at: http://kirra.austlii.edu.au/au/journals/IndigLawB/2005/6.html [Accessed 12 Mar. 2019].

Nntt.gov.au. (n.d.). ​​About native title applications. [online] Available at: http://www.nntt.gov.au/nativetitleclaims/Pages/default.aspx [Accessed 12 Mar. 2019].

R. v. Van der Peet, [1996] 2 S.C.R. 507. 

The Age. (2002). I was wrong on Mabo: Kennett. [online] Available at: https://www.theage.com.au/national/i-was-wrong-on-mabo-kennett-20020601-gdu9dt.html [Accessed 12 Mar. 2019].

The Native Title Act 1993

The Racial Discrimination Act 1975

Trove. (1994). Mabo, the plain story - The Canberra Times (ACT : 1926 - 1995) - 1 Feb 1994. [online] Available at: https://trove.nla.gov.au/newspaper/article/134298691 [Accessed 12 Mar. 2019].

Subject: Law and International Law

Pages: 7 Words: 2100

Assignment 2

Introduction

This report examines the nature, history and use of the opiates – the psychoactive prescription drugs. The discussion remains focused on Australia. The report provides a brief description of the chosen drug including its psychoactive effects, a brief history of the drug including its initial use, a critical examination of why the drug has been criminalised, an examination of which groups in Australian society are considered most ‘at risk’ in relation to the chosen drug.

Brief Description of Opiates

Psychoactive prescription drugs such as analgesics, stimulants, tranquilizers, and sedatives are substances that contain the ability to change the thinking processes, moods, and consciousness of the people taking them (WHO, 2004). The harms associated with psychoactive substances, particularly opiates such as fentanyl, hydromorphone, and oxycodone are a significant patient safety and public health issue in Australia today. According to Australian Institute of Health and Welfare (2018), 3.6-percent of people aged 14 or above consumed pharmaceutical opiates for non-medical reasons in 2016. It is prescribed for two reasons: the treatment of heroin and other substance dependence and pain management.

Opiate medication such as oxycodone and hydrocodone are central nervous system depressants. Their primary mechanism of action revolves around different neurotransmitters such as dopamine (Olpe et al., 1983). These depressants are responsible for producing lethargy in higher doses and sedation in mild doses, generating a rather relaxed form of euphoria, and thus, slowing the function of neurons down in the central nervous system (Finnegan & Fehr, 1980). Overall, central nervous system depressants produce similar psychoactive effects as people experience on consuming alcohol in moderate quantity. For this reason, opiates are addictive. However, the individuals taking them continuously will experience problems with motor coordination to a high degree, interference with their ability of rational decision-making and judgement to a high degree, and the overall pain-relieving effects of opiates to a high degree (Morgan & London, 2017). The patients are also highly prone to self-harm.

People using opiates chronically become physically dependent on the drug in the long run. Moreover, it can cause potential organ damage. The central nervous system depressants slow down the functioning of neuron in the brain area known as the brain stem. It maintains automatic actions such as heart rate and breathing. Therefore, continuous dosage of opiate causes significant suppression of heart rate and breathing. It results in decreased amount of oxygen to organs and tissues. Reduced oxygen supply to the brain causes neurons to die. It can lead to irreversible brain damage (Kapitány‐Fövény et al., 2017). Also under the effect of the drug, individuals are more likely to operate machinery such as driving a car, engage in unprotected sex, and share needles.

However, the misuse or overuse of the medicine can result in physical harm, overdoes, dependence and in worse case, death. It was responsible for approximately 0.9-percent burden of injuries and disease in Australia in 2011 (AIHW, 2018). A further 7.8-percent of the burden came from self-inflicted injuries and suicide (AIHW, 2018). Primarily, most of the burden of the medicine was due to opioid dependence (29-percent) and accidental poisoning (63-percent) (AIHW, 2018). Moreover, the opiate-related hospitalization and deaths have increased in the recent years. The rate of hospitalization was 37 per 100,000 people in 2015-16 (AIHW, 2018). It was 33 per 100,000 people in 2011-12, i.e., a 12-percent has been observed (AIHW, 2018).

Medical treatment for overdose and acute poisoning of opiate is provided to the admitted patients in the Australian hospitals by emergency departments whereas the general practitioners cater non-admitted patients. Additionally, Alcohol and Other Drug Treatment Services (AODTS) are also available for people using, misusing or are being dependent on the drug (AIHW, 2018). These treatments include pharmacotherapy, withdrawal management, support and case management, rehabilitation, information and education, and/or counselling. In 2016-17, as opiate pharmaceutical such as methadone, fentanyl, oxycodone or codeine was a drug of concern in 6.8-percent of closed treatment episodes and the principle drug of concern in 3.3-percent of closed treatment episodes (AIHW, 2018).

Brief History of Opiates

Finding the exact time of the first cultivation of the opium poppy is difficult. Also, the ambiguous details of drugs by the earlier authors have made it hard to use the written records for deciphering the history of use and abuse of opium. However, Homer has provided the first preparation of opium poppy plants (Brownstein, 1993). He gave the details to the daughter of Zeus named Helen, who transferred the recipe to Telemachus and his friends to help them forget their grief over the absence of Odysseus (Brownstein, 1993). All of this Homer’s preparation is attributed to Theophrastus’s imagination. He was highly aware of the method of making opium. However, some of the other ancient authors such as Diskourides explained that the Homer’s drug contained henbane, i.e., scopolamine’s active ingredient (Brownstein, 1993). Most modern pharmacologists such as Lewin (1931) and Schmiedeberg (1918) believe that Helen administered the drug to the individuals whereas Kritikos and Papadaki (1967) elaborated the fact that the men did not experience any of the consequences of the drug because they were the habitual users of it.

Although the ancient picture of the early use of the opium plant as a medicine is difficult to draw, it helps in emerging a picture of use and abuse of opium in the old times. The fact that the Sumerians, by the ending of the third millennium B.C., cultivated poppy plants and isolated opium from them in the area covered by the current Iraq enjoys a general agreement (Brownstein, 1993). Therefore, it appears that opium spread from Sumeria to the old world (Brownstein, 1993). The use of opium must have been confined in religious rituals by the priests who also healed the gods of deaths and sick people (Brownstein, 1993). Most authors such as Dwarakanath (1965) and Fort (1965) believed that, between the tenth and thirteenth century, the early Arab traders transported opium in China and India. During this period, opium also made its way to all of Europe from Asia (Brownstein, 1993).

Manuscripts from the sixteenth century largely indicate misuse and addiction of the drug primarily in the countries of England, Germany, Egypt and Turkey (Brownstein, 1993). However, the problem was nowhere greater than it happened to be in China (Brownstein, 1993). Efforts to limit sale of opium were made unsuccessful because British (later joined by French) forced China to permit trade and consumption of the drug (Brownstein, 1993). In the nineteenth century, Serturner (1806; 1817) isolated the active ingredient of opium and traded it as morphine. It began to be used as an adjunct to anesthetics, for post-operative and chronic pain, and for minor surgical procedures after the invention of syringes and hollow needles in the late nineteenth century (Brownstein, 1993).

Unfortunately, opium is as addictive as opium itself. Thus, it has the same potential to be abused by the users. Also, it was not safe to use. Eventually, a significant scientific effort was being made for making developing a more efficacious, safer, non-addicting opiate (Brownstein, 1993). Later, heroin was synthesized. The search for synthetic opiate resulted in discovery of meperidine (Eisleb & Schaumann, 1939). It has a structure completely different from the traditional morphine. The synthesis of methadone in early twentieth century followed it (Scott & Chen, 1946). It is another structurally different component.

Later in the twentieth century, Weijlard and Erikson (1942) produced nalorphine as an antagonist for precipitating the abstinence syndrome in addicts and reversing the morphine caused respiratory depression. Despite these abilities, the drug is an analgesic agent. For this reason, its usage as a painkiller is limited (Brownstein, 1993). It produces dysphoria and anxiety in the users (Brownstein, 1993).

By the mid-1960, it became clear the opiate agonists, antagonist, and mixture of agonists and antagonists had adverse effects on the users (Brownstein, 1993). The early scholars such as Goldstein et al. (1971) suggested that the consequences of the drug could best be understood by observing the actions of the receptors. They further elaborated the fact that radiolabeled drugs must be tested for determining these receptors and characterizing them in this regard. However, the efforts went in vain (Goldstein et al., 1971). Later, Terenius (1973), Simon et al. (1973), Pert and Synder (1973) simultaneously showed stereospecific opiate binding sites in central nervous system. They also successfully found non-uniform distribution of receptors in there (Hiller et al. 1973; Kuhar et al. 1973). At the same time, it was argued that the targets of neurotransmitters might be the opiate receptors (Brownstein, 1993). Akil et al. (1976) found that analgesia was induced by foot-shock stress and strengthened the argument. They stressed that release of opiate like compound was a result of stress (Akil et al., 1976).

In the late twentieth century, scientists observed presence of a factor in the brain extracts of the guinea pig ileum (Kosterlitz & Waterfield, 1975). The factor inhibited acetylcholine release from the nerves of the brain extracts (Kosterlitz & Waterfield, 1975). Naloxine blocked this inhibition. The factors were later identified as Leu-enkephalin, Met-en-kephalin, and pentapeptides (Hughes et al., 1975). Soon Met-enkephalin sequence was discovered (Bradbury et al. 1976). In 1981, another group of peptides similar in structure to enkephalins was identified (Goldstein et al., 1981). Lastly, phyllomedusa bicolor, a fourth family of opiate peptides, was found in 1989 (Erspamer et al., 1989).

Why Opiates Have Been Criminalised?

Opiates have been criminalized in Australia on racial basis. Throughout the nineteenth century, Chinese immigrants imported smoking opium in Australia for recreational use while the therapeutic use of the drug remained largely unregulated. The practice was accepted by 1880s due to its large revenues derived from the taxation duties (Victorian Parliamentary Papers, 1871). However, Rev. W. Young (1868) raised the concerns about the smoking opium in his 1868 report, which argued that if the use is continued, the population will be destroyed, happiness ruined, wealth dissipated, pauperism produced, crime perpetuated, character and influence degenerated, trade and commerce lessened, and public morals corrupted (Young, 1868).

Such sentiments also flamed due to the presence of the European women in the Chinese community. John Wood declared that the adverse effects of opium use would become inconsolable if the Chinese suffered the same fate, which fell on the first-born of Egypt (Victorian Parliamentary Debates, 1874). He was further concerned about the young white girls being systematically decoyed in the filthy Chinese dens (Victorian Parliamentary Debates, 1874). However, no colony was ready to do it alone despite growing hysteria on the topic.

The beginning of the twentieth century in Australia witnessed the light of serious drug control in the country. The States responsibly made drug policies whereas the Commonwealth exercised them over duties and customs under the Customs Act 1901, which prohibited import of certain drugs. Later, The Opium Proclamation 1905 was passed with fear of a colonial monopoly. However, the racial basis of the prohibition became clear due to the General Order 956 of the Department of Trade and Customs (Manderson, 1987). When asked, the department replied that they wanted to protect white people (Victorian Parliamentary Debates, 1905).

Australian Groups Considered Most at Risk of Opiates

1. Cancer Patients: Psychoactive prescription drugs such as analgesics, stimulants, tranquilizers, and sedatives are commonly provided to the cancer patients for pain treatments of chemotherapy and other related methods. The pain comes from the cancer itself, the procedures of diagnosis of the type of cancer, and then from the treatments or their consequences. For this reason, in Australia, the opiate-related hospitalization and deaths have increased in the recent years. The rate of hospitalization was 37 per 100,000 people in 2015-16 (AIHW, 2018). It was 33 per 100,000 people in 2011-12, i.e., a 12-percent has been observed (AIHW, 2018). For all of these reasons, cancer patients are more likely to adversely affect from the drug.

2. Pregnant Women: many pregnant women experience pains during pregnancy such as migraines, pelvic pains or low back pains. Generally, opiates are prescribed to pregnant women for acute pains. However, the potential risks must be analysed before prescribing the drug. According to Mayo Clinic (2019), pregnant women are prone to opiate dependency. It can result in several complications such as inflammation of the fetal membranes, postpartum heavy bleeding, miscarriage or fetal death, preeclampsia, fetal growth restriction, preterm labour and premature birth, premature ruptures of membranes, and placental problems including placental insufficiency and placental abruption (Mayo Clinic, 2019). Moreover, if the pregnant woman becomes opiate dependent during her pregnancy, the child may experience withdrawal syndrome. The symptoms of which include poor sleep, high-pitched cry, irritability, uncoordinated sucking reflexes resulting in poor feeding, diarrhoea, jitteriness, and tremors. For all of these reasons, pregnant women are more likely to adversely affect from the drug (Mayo Clinic, 2019).

Bibliography

Akil, H., Madden, J., Patrick, R. L. & Barchas, J. D. (1976) in Opiates and Endogenous Opioid Peptides, ed. Kosterlitz, H. (Elsevier, New York), pp. 63-70.

Australian Institute of Health and Welfare (2018). [online] Available at: https://www.aihw.gov.au/getmedia/3a734af9-5ee4-490e-9a8d-2702907aed25/aihw-aus-221-chapter-3-17.pdf.aspx [Accessed 10 Mar. 2019].

Bradbury, A. F., Smyth, D. G., Snell, C. R., Birdsall, N. J. M. & Hulme, E. C. (1976) Nature (London) 260, 793- 795.

Brownstein, M.J., 1993. A brief history of opiates, opioid peptides, and opioid receptors. Proceedings of the National Academy of Sciences of the United States of America, 90(12), p.5391.

Dwarakanath, S. C. (1965) Bull. Narc. 17 (1), 15-19.

Eisleb, 0. & Schaumann, 0. (1939) Dtsch. Med. Wochenschr. 65, 967-968.

Erspamer, V., Melchiorri, P., FalconeriErspamer, G., Negri, L., Corsi, R., Severini, C., Barra, D., Simmaco, M. & Kriel, G. (1989) Proc. Natl. Acad. Sci. USA 86, 5188-5192.

Finnegan, L.P. and Fehr, K.O.B., 1980. The Effects of Opiates, Sedative—Hypnotics, Amphetamines, Cannabis, and Other Psychoactive Drugs on the Fetus and Newborn. In Alcohol and drug problems in women (pp. 653-723). Springer, Boston, MA.

Fort, J. (1965) Bull. Narc. 17 (3), 1-11

Goldstein, A. G., Fischli, W., Lowney, L. I., Hunkapiller, M. & Hood, L. (1981) Proc. Natl. Acad. Sci. USA 78, 7219- 7223.

Goldstein, A., Lowney, L. I. & Pal, B. K. (1971) Proc. Natl. Acad. Sci. USA 68, 1742-1747.

Hiller, J. M., Pearson, J. & Simon, E. J. (1973) Res. Commun. Chem. Pathol. Pharmacol. 6, 1052-1062.

Hughes, J., Smith, T. W., Kosterlitz, H. W., Fothergill, L. A., Morgan, B. A. & Morris, H. R. (1975) Nature (London) 258, 577-579.

Kapitány‐Fövény, M., Farkas, J., Pataki, P.A., Kiss, A., Horváth, J., Urbán, R. and Demetrovics, Z., 2017. Novel psychoactive substance use among treatment‐seeking opiate users: The role of life events and psychiatric symptoms. Human Psychopharmacology: Clinical and Experimental, 32(3), p.e2602.

Kosterlitz, H. W. & Waterfield, A. A. (1975) Annu. Rev. Pharmacol. Toxicol. 15, 29-47.

Kritikos, P. G. & Papadaki, S. P. (1967) Bull. Narc. 19 (3), 17-38.

Kuhar, M. J., Pert, C. B. & Snyder, S. H. (1973) Nature (London) 245, 447- 451.

Lewin, L. (1931) Phantastica (Dutton, New York).

Manderson, D., Proscription and Prescription: Commonwealth Government Opiate Policy 1905-1937, Australian Government Publishing Service, Canberra, 1987, p.9.

Mayo Clinic. (2019). What are the risks of opioid use during pregnancy?. [online] Available at: https://www.mayoclinic.org/healthy-lifestyle/pregnancy-week-by-week/in-depth/opioid-use-during-pregnancy/art-20380741 [Accessed 10 Mar. 2019].

Morgan, M.J. and London, E.D., 2017. Positron emission tomographic studies on the acute effects of psychoactive drugs on brain metabolism and mood. In Imaging Drug Action in the Brain (pp. 265-280). Routledge.

Olpe, H.R., Jones, R.S.G. and Steinmann, M.W., 1983. The locus coeruleus: Actions of psychoactive drugs. Experientia, 39(3), pp.242-249.

Pert, C. B. & Snyder, S. H. (1973) Science 179, 1011-1014.

Schmiedeberg, 0. (1918) Schr. Wiss. Gesellsch. (Strassburg) 36, 1-29.

Scott, C. C. & Chen, K. K. (1946) J. Pharmacol. Exp. Ther. 87, 63-71.

Serturner, F. W. A. (1806) J. Pharm. f. Arzte. Apoth. Chem. 14, 47-93.

Serturner, F. W. A. (1817) Gilbert's Ann. d. Physik. 25, 56-89.

Simon, E. J., Hiller, J. M. & Edelman, I. (1973) Proc. Natl. Acad. Sci. USA 70, 1947-1949.

Terenius, L. (1973) Acta Pharmacol. Toxicol. 33, 377-384.

Victorian Parliamentary Debates, Legislative Assembly, 17 October 1905, p.2124.

Victorian Parliamentary Debates, Legislative Assembly, 31 July 1873, p.903; Victorian Parliamentary Debates, Legislative Assembly, 8 September 1874, p.1201.

Victorian Parliamentary Papers, Legislative Assembly, Session 1871, Vol II, p.545.

Weijlard, J. & Erikson, A. E. (1942) J. Am. Chem. Soc. 64, 869-870.

World Health Organization (2004) Neuroscience of psychoactive substance use and dependence. Available at: http://www.who.int/substance_abuse/publications/en/Neuroscience.pdf

Young, W., ‘Report on the Condition of the Chinese Population in Victoria in Victorian Parliamentary Papers, Legislative Assembly, Session 1868, Vol III, p.1293.

Subject: Law and International Law

Pages: 7 Words: 2100

Assignment 2

Assignment 2

Name of Student

[Name of the Institution]

Assignment 2

Impact of On-line World on Crime and the Criminal Justice System

Introduction

Technology is a blessing for the world until it falls into the wrong hands and becomes a curse for people. While the rapid progress in technology and the online world has made the lives of people very easy, it also has created many negativities in the world today. The crime rate has increased a number of times in the world because of the use of technology and on-line systems. With the passing time, information and communication technologies are evolving ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0iAXOWB3","properties":{"formattedCitation":"(Cross et al., 2014)","plainCitation":"(Cross et al., 2014)","noteIndex":0},"citationItems":[{"id":325,"uris":["http://zotero.org/users/local/zQiT8c1c/items/JQUC93EY"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/JQUC93EY"],"itemData":{"id":325,"type":"article-journal","title":"Challenges of responding to online fraud victimisation in Australia","container-title":"Trends & Issues in Crime and Criminal Justice","volume":"474","source":"eprints.qut.edu.au","abstract":"Online fraud occurs when an individual or a business responds in some manner to an unsolicited invitation received via the internet and suffers financial or other detrimental effects as a result. In 2010–11, the Australian Bureau of Statistics (2012) found that over 1.2 million Australians (6.7% of the population aged 15 years and over) had been a victim of personal fraud, losing approximately $1.4b in the preceding 12 months. More than half of these victims (55.7%) were contacted via the internet or email (online victimisation). In addition to monetary losses, victims of online fraud suffer serious psychological, emotional, social and even physical problems as a consequence of their victimisation. This paper explores the challenges of responding to online fraud victimisation in Australia and describes some of the specific support services that have recently emerged to support victims of this crime.","URL":"http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi474.pdf","ISSN":"0817-8542","language":"en","author":[{"family":"Cross","given":"Cassandra"},{"family":"Smith","given":"Russell G."},{"family":"Richards","given":"Kelly"}],"issued":{"date-parts":[["2014",5]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cross et al., 2014).

With the advancement of information and communication system, the opportunities for criminals are also increasing. There are a lot of concerns over the misuse of new technologies that can be used against common public. The crimes that have spread through advancement in information systems involve altering of data within corporations for personal gains and profit, political objectives, spoiling the minds and lives of people especially youth and teenagers, and online theft and fraud. Progress in ICT, on one hand, has greatly helped in connecting developed countries with newly emerging countries such as India and China ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"vnAFcw1P","properties":{"formattedCitation":"(Rice et al., 2016)","plainCitation":"(Rice et al., 2016)","noteIndex":0},"citationItems":[{"id":328,"uris":["http://zotero.org/users/local/zQiT8c1c/items/ZPLKZ7NG"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/ZPLKZ7NG"],"itemData":{"id":328,"type":"article-journal","title":"Social media and digital technology use among Indigenous young people in Australia: a literature review","container-title":"International Journal for Equity in Health","volume":"15","source":"PubMed Central","abstract":"Introduction\nThe use of social media and digital technologies has grown rapidly in Australia and around the world, including among Indigenous young people who face social disadvantage. Given the potential to use social media for communication, providing information and as part of creating and responding to social change, this paper explores published literature to understand how Indigenous Australian youth use digital technologies and social media, and its positive and negative impacts.\n\nMethods\nOnline literature searches were conducted in three databases: PubMed, Google Scholar and Informit in August 2014; with further searches of additional relevant databases (Engineering Village; Communication & mass media complete; Computers & applied sciences complete; Web of Science) undertaken in May 2015. In addition, relevant literature was gathered using citation snowballing so that additional peer-reviewed and grey literature was included. Articles were deemed relevant if they discussed social media and/or digital technologies and Indigenous Australians. After reading and reviewing all relevant articles, a thematic analysis was used to identify overall themes and identify specific examples.\n\nResults\nA total of 22 papers were included in the review. Several major themes were identified about how and why Indigenous young people use social media: identity, power and control, cultural compatibility and community and family connections. Examples of marketing for health and health promotion approaches that utilize social media and digital technologies were identified. Negative uses of social media such as cyber bullying, cyber racism and the exchange of sexually explicit content between minors are common with limited approaches to dealing with this at the community level.\n\nDiscussion\nStrong cultural identity and community and family connections, which can be enhanced through social media, are linked to improved educational and health outcomes. The confidence that Indigenous young people demonstrate when approaching the use of social media invites its further use, including in arenas where this group may not usually participate, such as in research.\n\nConclusions\nFuture research could examine ways to minimise the misuse of social media while maximising its positive potential in the lives of Indigenous young people. Future research should also focus on the positive application of social media and showing evidence in health promotion interventions in order to reduce health inequities between Indigenous and non-Indigenous young people.","URL":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4881203/","DOI":"10.1186/s12939-016-0366-0","ISSN":"1475-9276","note":"PMID: 27225519\nPMCID: PMC4881203","shortTitle":"Social media and digital technology use among Indigenous young people in Australia","journalAbbreviation":"Int J Equity Health","author":[{"family":"Rice","given":"Emma S."},{"family":"Haynes","given":"Emma"},{"family":"Royce","given":"Paul"},{"family":"Thompson","given":"Sandra C."}],"issued":{"date-parts":[["2016",5,25]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rice et al., 2016).

Online Crimes in Australia

Just as the on-line world is creating wonderful possibilities for the aid of mankind, it also has provided many opportunities for the criminals to commit crimes. The crimes carried out in the past are now committed in new ways by the use of advanced technology. A large number of people are becoming victims of these online crimes and frauds. Due to the high use of technology and growing wealth, people in Australia are becoming victims of cybercrime with every passing day. The use of online government services, online banking, and social media apps have made the criminal activities in Australia common and easy. Almost 13,500 reports of cybercrime have been addressed to the Australian Cyber Security Centre in the past few months. The most common crime reported among the crimes that are present in the country is fraud that includes banks scams and romance frauds. The romance fraud involves the building of an online relationship over several months and then asking money from them for health-related issues such as medical treatment, for necessary goods or items, and other domestic issues. A person receives a text message or an email that seems to be sent by the bank regarding fixing his account problems. If the person agrees and gives his details, the cybercriminal gets an opportunity to access and hack the account. This is how the crime rate in Australian is increasing day by day by the use of online systems ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"TgYodzZ1","properties":{"formattedCitation":"(Stratton et al., 2017)","plainCitation":"(Stratton et al., 2017)","noteIndex":0},"citationItems":[{"id":357,"uris":["http://zotero.org/users/local/zQiT8c1c/items/KU4AZ25X"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/KU4AZ25X"],"itemData":{"id":357,"type":"webpage","title":"Crime and Justice in Digital Society: Towards a ‘Digital Criminology’?","container-title":"International Journal for Crime, Justice and Social Democracy","genre":"Text","abstract":"The International Journal for Crime, Justice and Social Democracy is an open access, blind peer-reviewed journal that publishes critical research about challenges confronting criminal justice systems around the world.  The Journal is committed to democratising quality knowledge production and dissemination.\nThere are no APCs (Article Processing Charges). Authors can submit and publish at no cost.","URL":"https://www.crimejusticejournal.com/article/view","note":"DOI: 10.5204/ijcjsd.v6i2.355","shortTitle":"Crime and Justice in Digital Society","language":"en","author":[{"family":"Stratton","given":"Greg"},{"family":"Powell","given":"Anastasia"},{"family":"Cameron","given":"Robin"}],"issued":{"date-parts":[["2017",5,22]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Stratton et al., 2017).

Negative Impact of On-line World on Crime and Criminal Justice System

A variety of criminal activities are being performed in Australia using the online sources. Crime is not new to the country, but the ways and mediums are new. The first online fraud is the theft of telecommunication services. From simple mischief-making to a major crime, this act has become a part of life for the criminals and a serious issue in the crime industry. The stolen telecommunications service has a large market. Some criminals just obtain a discount through a phone call, while there are others who perform illicit business without letting their identities or status disclosed. It has posed a serious threat to the general public that bears all the financial burden of the committed fraud. Another major task performed by the criminals is the criminal conspiracy. They can communicate with each other regarding their activities and plans through online communication ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6lZkGJNI","properties":{"formattedCitation":"(Peter Grabosky, 2017)","plainCitation":"(Peter Grabosky, 2017)","noteIndex":0},"citationItems":[{"id":331,"uris":["http://zotero.org/users/local/zQiT8c1c/items/JRRPPGZZ"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/JRRPPGZZ"],"itemData":{"id":331,"type":"webpage","title":"Crime and telecommunications","container-title":"Australian Institute of Criminology","genre":"Text","abstract":"This paper summarises a current research project at the Australian Institute of Criminology which is exploring risks and countermeasures relating to the use of telecommunications as the instrument and/or target of crime. Issues discussed include theft of telecommunications services, criminal conspiracies, theft of intellectual property, dissemination of offensive material, electronic money laundering, electronic vandalism, telemarketing fraud, illegal interception, electronic funds transfer fraud, law enforcement, and countermeasures.","URL":"https://aic.gov.au/publications/tandi/tandi59","language":"en","author":[{"family":"Peter Grabosky","given":"Russell G. Smith"}],"issued":{"date-parts":[["2017",11,3]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Peter Grabosky, 2017). Organized crimes such as gambling, money laundering, trafficking, prostitution, trade in weapons, and child pornography are being facilitated by the online world. Anyone who is capable of using the internet may easily carry out the copyright infringements. The emerging multimedia technologies are being used and developed rapidly that causes the loss of billion dollars each year by the sales and royalties ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"9U3DbuAP","properties":{"formattedCitation":"(Hogden, 2017)","plainCitation":"(Hogden, 2017)","noteIndex":0},"citationItems":[{"id":333,"uris":["http://zotero.org/users/local/zQiT8c1c/items/B7ME4G5G"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/B7ME4G5G"],"itemData":{"id":333,"type":"webpage","title":"From state to federal to global crime issues","container-title":"Australian Criminal Intelligence Commission","genre":"Text","abstract":"CEO Chris Dawson speaking at the Youth and Community Justice Conference","URL":"https://www.acic.gov.au/media-centre/speeches/state-federal-global-crime-issues","language":"en","author":[{"family":"Hogden","given":"Kate"}],"issued":{"date-parts":[["2017",4,11]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hogden, 2017). Dissemination of offensive materials is also caused by the negative use of online sources in abundance. Crimes such as harassing, intrusive communications, threatening, and transfer of sexually implicit material to an unwilling recipient are being committed through this online world. The criminals have invaded the personal and private lives of people through the internet. They use harmful behaviour online and corrupt and steal the data of people ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"y5NTLBOZ","properties":{"formattedCitation":"(Kim-Kwang Raymond Choo, 2017)","plainCitation":"(Kim-Kwang Raymond Choo, 2017)","noteIndex":0},"citationItems":[{"id":335,"uris":["http://zotero.org/users/local/zQiT8c1c/items/W4S8MDYW"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/W4S8MDYW"],"itemData":{"id":335,"type":"webpage","title":"The future of technology-enabled crime in Australia","container-title":"Australian Institute of Criminology","genre":"Text","abstract":"As our use of information and communication technologies increases and evolves, incidents of technology-enabled crime are likely to continue. Based on what we know today, this paper summarises a range of potential challenges that regulators and law enforcement agencies need to bear in mind. Key areas identified include infrastructure risks, the use of wireless and mobile technologies, more sophisticated malware, new identification and payment systems, computer-facilitated fraud, exploitation of younger persons, intellectual property infringement, and industrial espionage. Successful prosecution and appropriate sentencing for these crimes will require coordinated policing and on-going legislative reform.","URL":"https://aic.gov.au/publications/tandi/tandi341","language":"en","author":[{"family":"Kim-Kwang Raymond Choo","given":"Russell G. Smith"}],"issued":{"date-parts":[["2017",11,3]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kim-Kwang Raymond Choo, 2017). More than one million Australians become a victim of the crimes committed using online sources every year. Through these acts, the criminals are easily able to steal personal data, access bank accounts, obtain loans, and download infected files. Long term reputational harm and financial damage can be caused to the people by the organized criminals who create counterfeit cards and running up debts. The children and teenagers face cyberbullying and are exposed to have a contact with strangers, sharing their personal or private information such as photos or videos without realizing that it may get shared or become a subject to theft or fraud ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"YuiReUEK","properties":{"formattedCitation":"(Monica and California 90401-3208, n.d.)","plainCitation":"(Monica and California 90401-3208, n.d.)","noteIndex":0},"citationItems":[{"id":340,"uris":["http://zotero.org/users/local/zQiT8c1c/items/P82NPPJL"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/P82NPPJL"],"itemData":{"id":340,"type":"webpage","title":"Internet Technology Could Aid Police, Courts and Prisons; Resolving Privacy Issues Key to Future Use","abstract":"New Internet-based technology may aid criminal justice agencies through promising tools such as better criminal databases, remotely conducted trials, and electronic monitoring of parolees. But many of the developments raise issues related to civil rights, privacy, and cybersecurity that must be addressed.","URL":"https://www.rand.org/news/press/2015/08/17.html","language":"en","author":[{"family":"Monica","given":"1776 Main Street Santa"},{"family":"California 90401-3208","given":""}],"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Monica and California 90401-3208, n.d.). The technological innovations and declined prices of the data storage materials has enhanced the power of online criminals involved in the theft and crime using online resources. The better-educated criminals easily explore data over the internet and use it as they like. This data includes the websites protected by passwords and social accounts of people. The excessive use of mobile phones has also become one of the major reasons for the increase in criminal activities in Australia. The advancement in 3G, 4G, SMS, MMS, and Bluetooth system are used and exploited by the criminals resulting in spoiling the private lives of people especially young children and teenagers Police are using social media to increase transparency, share real-time information with the public, and enlist the community's help to solve crimes (Sadulski, 2018). Many psychological tricks are used by the criminals to manipulate the users for gaining information. The online gaming and gambling let the players purchase accommodation, virtual properties, and merchandise by using the physical cash. The game hackers steal the usernames and passwords of the players and then sale the virtual property to other players. Online auction frauds are also a type of fraud that is likely to increase with the passing time. The criminals design malware for their illicit financial gains by buying and selling illegally. These online scams are most probably affecting the young children as they are less wise in detection of the crimes or scams approaching them online. Through the use of communication and online technologies, the lives of many young children are ruined and it has become a new form of harassment and bullying. Child exploitation has become a highly common and favourite practice of the offenders nowadays. These negative effects of the use of online systems have become very common in Australia. Every day people are facing this issue and waiting for the government to take proper actions.

Positive Impact of On-line World on Crime and Criminal Justice System

Along with the negative impacts, the online world also has some positive impacts on the crimes and criminal justice system. The use of online sources and social media plays a significant role in the enforcement of law and criminal justice system in Australia. The famous social media sites and online websites are being used by the police departments as an effective and economical way to provide information to the public about the current events and issues ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"GbGBYeSq","properties":{"formattedCitation":"(Shi et al., 2019)","plainCitation":"(Shi et al., 2019)","noteIndex":0},"citationItems":[{"id":353,"uris":["http://zotero.org/users/local/zQiT8c1c/items/9GKKWRYN"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/9GKKWRYN"],"itemData":{"id":353,"type":"article-journal","title":"Media consumption and crime trend perceptions: a longitudinal analysis","container-title":"Deviant Behavior","page":"1480-1492","volume":"40","issue":"12","source":"Taylor and Francis+NEJM","abstract":"For over two decades, despite the downward crime trend, the American public has persisted in believing crime is on the rise. Cultivation theory holds that the media is responsible for the public’s crime trend perceptions. Previous cultivation studies heavily rely on cross-sectional data, which may lead to spurious conclusions due to reverse causation and omitted variable bias. This study aims to address these issues by utilizing longitudinal analyses. Drawing on three waves of the 2008–2009 American National Election Survey, we test the cultivation hypothesis using traditional OLS, OLS with lagged crime trend perceptions, fixed effects, and dynamic panel models. Newspaper and TV news consumption are related to crime trend perceptions in traditional OLS models. In other models, media consumption is not related to crime trend perceptions. The results do not support the cultivation hypothesis. It is likely that the cultivation effect of media has been overstated in the previous cross-sectional research.","DOI":"10.1080/01639625.2018.1519129","ISSN":"0163-9625","shortTitle":"Media consumption and crime trend perceptions","author":[{"family":"Shi","given":"Luzi"},{"family":"Roche","given":"Sean Patrick"},{"family":"McKenna","given":"Ryan M."}],"issued":{"date-parts":[["2019",12,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shi et al., 2019). The agencies of law enforcement share real-time activities and issue warning to the people for their protection and security. Social applications such as Twitter and Facebook are used by the police departments to create awareness in public and to encourage the citizens if they witness any suspicious activity around them. Often the videos of suspected people are posted to make people aware of them and their activities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4CVkQduG","properties":{"formattedCitation":"(Cross, 2018)","plainCitation":"(Cross, 2018)","noteIndex":0},"citationItems":[{"id":351,"uris":["http://zotero.org/users/local/zQiT8c1c/items/VUBFD52W"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/VUBFD52W"],"itemData":{"id":351,"type":"article-journal","title":"(Mis)Understanding the Impact of Online Fraud: Implications for Victim Assistance Schemes","container-title":"Victims & Offenders","page":"757-776","volume":"13","issue":"6","source":"Taylor and Francis+NEJM","abstract":"Australia provides victims of violent crime access to financial support to assist with recovery, excluding victims of nonviolent offences. The author examines the experiences of online fraud victims, and details how the impacts experienced extend beyond financial losses, to include deterioration in health and well-being, relationship breakdown, homelessness, and unemployment, and in the worst cases, suicidal ideation. Using online fraud as a case study, the author argues eligibility to access victim assistance schemes should consider harms suffered rather than the offence experienced. Consequently, the author advocates a shift in eligibility criteria of victim assistance schemes to facilitate much-needed support to online fraud victims.","DOI":"10.1080/15564886.2018.1474154","ISSN":"1556-4886","shortTitle":"(Mis)Understanding the Impact of Online Fraud","author":[{"family":"Cross","given":"Cassandra"}],"issued":{"date-parts":[["2018",8,18]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cross, 2018). The online sources and applications prove to be useful in locating the missing children or informing the public about them. The missing child’s pictures are posted along with some information and the contact number by the police and anyone who witnesses the child is encourage and asked to contact the local police. The public nature of social media allows it to conduct criminal investigations and use online sources to identify the suspects of theft, burglary, and other criminals. These online sites are also a valuable source to find out the sex offenders in the country, but it is not progressed up to the mark. The law enforcement agencies are using different sites and online sources to build community relationships and trust among people and the justice system ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"nx259Oc8","properties":{"formattedCitation":"(Drew and Farrell, 2018)","plainCitation":"(Drew and Farrell, 2018)","noteIndex":0},"citationItems":[{"id":348,"uris":["http://zotero.org/users/local/zQiT8c1c/items/PF6KSF8E"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/PF6KSF8E"],"itemData":{"id":348,"type":"article-journal","title":"Online victimization risk and self-protective strategies: developing police-led cyber fraud prevention programs","container-title":"Police Practice and Research","page":"537-549","volume":"19","issue":"6","source":"Taylor and Francis+NEJM","abstract":"The prevalence and impact of cyber fraud continues to increase exponentially with new and more innovative methods developed by offenders to target and exploit victims for their own financial reward. Traditional crime reaction methods used by police have proved largely ineffective in this context, with offenders typically located outside of the police jurisdiction of their victims. Given this, some police agencies have begun to adopt a victim focused, crime prevention approach to cyber fraud. The current research explores with a sample of two hundred and eighteen potential cyber fraud victims, the relationship between online victimization risk, knowledge and use of crime prevention strategies. The study found those most at risk of cyber fraud victimization despite accurate perceptions of risk and knowledge of self-protective behaviors in the online environment underutilise online prevention strategies. This research has important implications for police agencies who are designing and delivering cyber fraud education. It provides guidance for the development of effective prevention programs based on practical skills development.","DOI":"10.1080/15614263.2018.1507890","ISSN":"1561-4263","shortTitle":"Online victimization risk and self-protective strategies","author":[{"family":"Drew","given":"Jacqueline M."},{"family":"Farrell","given":"Lucy"}],"issued":{"date-parts":[["2018",11,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Drew and Farrell, 2018). An improved communication system can be fostered through the use of online sources in dealing with and handling the problems. The public can easily communicate to the police about any issue, problem, incident, or event through the online world. The social media broadcasting of the trials of criminals has become an obstacle in the criminal proceedings and reduced the criminal activities in the country ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3eWwHofL","properties":{"formattedCitation":"(Broadhurst, 2017)","plainCitation":"(Broadhurst, 2017)","noteIndex":0},"citationItems":[{"id":350,"uris":["http://zotero.org/users/local/zQiT8c1c/items/JJ567TE8"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/JJ567TE8"],"itemData":{"id":350,"type":"chapter","title":"Cybercrime in Australia","container-title":"The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice","publisher":"Springer International Publishing","publisher-place":"Cham","page":"221-235","source":"Springer Link","event-place":"Cham","abstract":"The prevalence, definitions, and scope of cybercrime including the dual role of ‘weaponed’ malware are reviewed in this chapter. Also outlined are the history and role of hackers and online criminal networks in the dissemination of malicious software. Various forms of cybercrime are described including the use of deception or social engineering in the exploitation of computer systems or acquisition of identities. The importance of international cooperation in the suppression of cybercrime is illustrated by the coordination required in response to the proliferation of child exploitation materials (CEM). This chapter concludes with a summary of the challenges for law enforcement and the pressing need for broad partnerships in the prevention of cybercrime.","URL":"https://doi.org/10.1007/978-3-319-55747-2_15","ISBN":"978-3-319-55747-2","note":"DOI: 10.1007/978-3-319-55747-2_15","language":"en","author":[{"family":"Broadhurst","given":"Roderic"}],"editor":[{"family":"Deckert","given":"Antje"},{"family":"Sarre","given":"Rick"}],"issued":{"date-parts":[["2017"]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Broadhurst, 2017). Many anti-crime Facebook pages have been created that help people recognize and report about any illicit activity that they witness. A senior operations researcher at RAND, a non-profit research organization, John S. Hollywood says, “Criminal records today are incomplete and the records we do have are generally based locally. What we need is an ability to get information about a person's criminal history quickly and reliably, even when they move across city or state lines.” ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"X3mRMNLr","properties":{"formattedCitation":"(Monica and California 90401-3208, n.d.)","plainCitation":"(Monica and California 90401-3208, n.d.)","noteIndex":0},"citationItems":[{"id":340,"uris":["http://zotero.org/users/local/zQiT8c1c/items/P82NPPJL"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/P82NPPJL"],"itemData":{"id":340,"type":"webpage","title":"Internet Technology Could Aid Police, Courts and Prisons; Resolving Privacy Issues Key to Future Use","abstract":"New Internet-based technology may aid criminal justice agencies through promising tools such as better criminal databases, remotely conducted trials, and electronic monitoring of parolees. But many of the developments raise issues related to civil rights, privacy, and cybersecurity that must be addressed.","URL":"https://www.rand.org/news/press/2015/08/17.html","language":"en","author":[{"family":"Monica","given":"1776 Main Street Santa"},{"family":"California 90401-3208","given":""}],"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Monica and California 90401-3208, n.d.) A Cyber Operations Team has been established by the Australian Transaction Reports and Analysis Centre (AUSTRAC) for tracking the criminal activities related to online transactions and financial theft. Australia is working collaboratively with the United States, New Zealand, and the United Kingdom in a framework known as The Five Eyes Law Enforcement Group Cyber Crime Working Group to practice best approaches for fighting against the crimes committed through the online world. The officers, judges, and other officers are being provided with the opportunities to get training for the understanding and prevention of online world crimes and criminals. The country is further planning to work with PILON for strengthening the online crime legislation in the whole region. It has also planned to deliver awareness about online world crimes across the whole Indo-Pacific through a partnership with the Cyber Safety Pasifika Program. The Australian Federal Police has established many cyber safety and online crime education programs to create awareness in the society.

Ways to Counter the Problem

The online world is a wonderful achievement of science and technology. The online system itself can be used to counter the problems and crimes related to social media and other online systems. Social media has created both problems and solutions for the criminal justice system. The criminals have got opportunities to commit crimes in more advanced ways while the criminal justice system has got many solutions to combat these crimes and bring peace to the society. Computers can be used to control data inputs such as the case histories of criminals and other information about them. Improved methods of electronic monitoring should be used depending on the crime and risk to the public. The technology-enabled crime can be handled by through collaborative efforts of the public and the government. It is a multi-dimensional challenge that requires effective actions and coordination. The useful and effective software systems should be designed for the security of the data of public. Information sharing initiatives and public and private sector partnerships should be established. Effective and secure technical assistance should be established to minimize the criminal activity that takes place because of using technology and other online systems ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"yTZpVkuG","properties":{"formattedCitation":"(Alazab and Broadhurst, 2015)","plainCitation":"(Alazab and Broadhurst, 2015)","noteIndex":0},"citationItems":[{"id":364,"uris":["http://zotero.org/users/local/zQiT8c1c/items/Z3DIZJZB"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/Z3DIZJZB"],"itemData":{"id":364,"type":"report","title":"Spam and Criminal Activity","publisher":"Social Science Research Network","publisher-place":"Rochester, NY","genre":"SSRN Scholarly Paper","source":"papers.ssrn.com","event-place":"Rochester, NY","abstract":"The rapid growth of the\tinternet is transforming how we engage\tand communicate. It also creates new\topportunities for fraud and data theft.One way cybercriminals exploit the vulnerabilities of new technologies and potential victims is the use of deceptive\temails on a massive scale.","URL":"https://papers.ssrn.com/abstract=2467423","number":"ID 2467423","language":"en","author":[{"family":"Alazab","given":"Mamoun"},{"family":"Broadhurst","given":"Roderic"}],"issued":{"date-parts":[["2015",9,3]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Alazab and Broadhurst, 2015). An understanding of the current and emerging crime threats and criminal activities should be developed and a national picture of crime should be created. The criminals committing crimes online should be disrupted and denied through an end-to-end approach of the law enforcement agencies. Trust and confidence should be built in the community for the use of national information and intelligence. The law enforcement officers should be provided with more social media and online training to combat online crimes and build their relationship with the public. The difficulties arising in the way of detecting, investigating, and prosecuting illegal activities should be solved. People should be encouraged to report any crime they witness and the lack of clarity or confusion about crimes should be reduced ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"RFXnRVwC","properties":{"formattedCitation":"(Cross, 2016)","plainCitation":"(Cross, 2016)","noteIndex":0},"citationItems":[{"id":366,"uris":["http://zotero.org/users/local/zQiT8c1c/items/6YB6FX7B"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/6YB6FX7B"],"itemData":{"id":366,"type":"article-journal","title":"Using financial intelligence to target online fraud victimisation: applying a tertiary prevention perspective","container-title":"Criminal Justice Studies","page":"125-142","volume":"29","issue":"2","source":"Taylor and Francis+NEJM","abstract":"It is well established that policing in an online environment is fraught with challenges. To combat losses attributed to online fraud, Australia has seen the emergence of a victim-oriented approach, which uses financial intelligence to identify potential victims and deliberately intervenes through the sending of a letter. This approach predominantly targets victims of advance fee fraud and romance fraud who are sending money to West African countries. The current article presents three Australian case studies: Project Sunbird (West Australian Police and West Australian Department of Commerce); Operation Disrepair (South Australian Police); and the National Scams Disruption Project (Australian Competition and Consumer Commission). The article locates these cases within existing theory on crime prevention, using available data to document initial positive outcomes. Overall, this article supports the use of a victim-oriented tertiary approach to online fraud, and advocates its potential to reduce both repeat victimisation and the harm incurred through online fraud.","DOI":"10.1080/1478601X.2016.1170278","ISSN":"1478-601X","shortTitle":"Using financial intelligence to target online fraud victimisation","author":[{"family":"Cross","given":"Cassandra"}],"issued":{"date-parts":[["2016",4,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cross, 2016). The online criminals are intelligent and they tend to find new ways for exploitation of technology and social media to perform further illicit activities. Therefore, the agencies and government service offices should remain up to date and alert of all the changing trends and new method so that they are able to recognize the changing patterns, ideas, and areas of problem ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"QWsKxCdH","properties":{"formattedCitation":"(Cunneen and Russell, 2017)","plainCitation":"(Cunneen and Russell, 2017)","noteIndex":0},"citationItems":[{"id":368,"uris":["http://zotero.org/users/local/zQiT8c1c/items/YQFLAPME"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/YQFLAPME"],"itemData":{"id":368,"type":"report","title":"Social Media, Vigilantism and Indigenous People in Australia","publisher":"Social Science Research Network","publisher-place":"Rochester, NY","genre":"SSRN Scholarly Paper","source":"papers.ssrn.com","event-place":"Rochester, NY","abstract":"The pervasiveness and prominence of mass media is a key feature of contemporary societies. Nowhere is this more relevant than when we look at the ubiquity of social media. In recent years ‘anti-crime’ Facebook pages have appeared across all states and territories in Australia, and as our social spaces increasingly shift from the physical to the virtual realm, different forms of online ‘cyber’ vigilantism have emerged. This chapter explores the ways in which community-justice and vigilantism in Australia are exercised through social media in the wider context of the racialised criminalisation of Indigenous young people. We explore how new forms of media are used to produce and reproduce a racialised narrative of crime, which at the same time has the effect of legitimating violence against [young] Indigenous Australians. This chapter draws on a number of ‘anti-crime’ Facebook pages, and finds that the very presence of these sites legitimates the beliefs of its members, while at the same time providing details of potential targets, most of whom are young people. We contend that the views expressed on these sites mirror, in more prosaic language, sentiments that are expressed in sections of the old media and among a number of ultra-right politicians and groups. Further these sites do little to question the broader ideological and political frameworks that present crime and disorder divorced from structural and historical conditions. There is, then, an assumed social consensus around what is being presented on the Facebook sites: that overt racism and calls to vigilante violence are socially and politically acceptable. While in some cases there appears to be a direct link between the Facebook groups and incidents of violence, at a broader level it is the constant reinforcement of an environment of racist violence that is most troubling.","URL":"https://papers.ssrn.com/abstract=3094091","number":"ID 3094091","language":"en","author":[{"family":"Cunneen","given":"Chris"},{"family":"Russell","given":"Sophie"}],"issued":{"date-parts":[["2017",9,1]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen and Russell, 2017). Many people have already become a victim to the crime committed by the online world, but many others are at risk of becoming victim to this crime if they are not able to understand the techniques used by the offenders. The online security awareness should be provided to every citizen so that he gets to know about the good security practices for online systems. This would make them avoid using pirated software that can be gained by the criminals for accessing and exploiting personal devices and data. The Cybercrime Response Strategy (CRS) is an important area where investment and attention are required as it greatly depends on the technology for communication and maintenance of cybercrime detection and prevention. The rise in public awareness about these crimes will be helpful but it will not be able to prevent all the crime. Other effective ways should be implemented to avoid the crimes related to the online world. Stronger domestic legislative frameworks should be used to respond to these crimes. Further strategies should be planned to combat the transnational cybercrime that is spoiling the lives of many people. A common understanding between the country and its other collaborative partners should be developed to fight against the online world criminals and ensuring that they do not get enough opportunities to commit such crimes or use the online sources for negative and malicious purposes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6VvAMHXA","properties":{"formattedCitation":"(Doerr and Sant\\uc0\\u237{}n, 2016)","plainCitation":"(Doerr and Santín, 2016)","noteIndex":0},"citationItems":[{"id":421,"uris":["http://zotero.org/users/local/zQiT8c1c/items/RJKB7XET"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/RJKB7XET"],"itemData":{"id":421,"type":"article-journal","title":"Global trends in wildfire and its impacts: perceptions versus realities in a changing world","container-title":"Philosophical Transactions of the Royal Society B: Biological Sciences","page":"20150345","volume":"371","issue":"1696","source":"royalsocietypublishing.org (Atypon)","abstract":"Wildfire has been an important process affecting the Earth's surface and atmosphere for over 350 million years and human societies have coexisted with fire since their emergence. Yet many consider wildfire as an accelerating problem, with widely held perceptions both in the media and scientific papers of increasing fire occurrence, severity and resulting losses. However, important exceptions aside, the quantitative evidence available does not support these perceived overall trends. Instead, global area burned appears to have overall declined over past decades, and there is increasing evidence that there is less fire in the global landscape today than centuries ago. Regarding fire severity, limited data are available. For the western USA, they indicate little change overall, and also that area burned at high severity has overall declined compared to pre-European settlement. Direct fatalities from fire and economic losses also show no clear trends over the past three decades. Trends in indirect impacts, such as health problems from smoke or disruption to social functioning, remain insufficiently quantified to be examined. Global predictions for increased fire under a warming climate highlight the already urgent need for a more sustainable coexistence with fire. The data evaluation presented here aims to contribute to this by reducing misconceptions and facilitating a more informed understanding of the realities of global fire.This article is part of themed issue ‘The interaction of fire and mankind’.","DOI":"10.1098/rstb.2015.0345","shortTitle":"Global trends in wildfire and its impacts","journalAbbreviation":"Philosophical Transactions of the Royal Society B: Biological Sciences","author":[{"family":"Doerr","given":"Stefan H."},{"family":"Santín","given":"Cristina"}],"issued":{"date-parts":[["2016",6,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Doerr and Santín, 2016).

Conclusion

The online world is impacting and will continue to impact the crime and criminal justice system as the advancement in technology is also increasing with every passing day. When a person is affected by the negativities of online crimes, his personality is destroyed. The financial losses due to online thefts also make people suffer a lot. The growing dependence of people on technology and the online world has created many opportunities for the criminals to commit offences. Therefore, it is necessary for people to be careful while using the online services and sources. The government needs to create proper awareness and training for the people to save them from getting involved in any such offences or becoming victims to online world crimes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"pMku61Gc","properties":{"formattedCitation":"(Rice et al., 2016)","plainCitation":"(Rice et al., 2016)","noteIndex":0},"citationItems":[{"id":328,"uris":["http://zotero.org/users/local/zQiT8c1c/items/ZPLKZ7NG"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/ZPLKZ7NG"],"itemData":{"id":328,"type":"article-journal","title":"Social media and digital technology use among Indigenous young people in Australia: a literature review","container-title":"International Journal for Equity in Health","volume":"15","source":"PubMed Central","abstract":"Introduction\nThe use of social media and digital technologies has grown rapidly in Australia and around the world, including among Indigenous young people who face social disadvantage. Given the potential to use social media for communication, providing information and as part of creating and responding to social change, this paper explores published literature to understand how Indigenous Australian youth use digital technologies and social media, and its positive and negative impacts.\n\nMethods\nOnline literature searches were conducted in three databases: PubMed, Google Scholar and Informit in August 2014; with further searches of additional relevant databases (Engineering Village; Communication & mass media complete; Computers & applied sciences complete; Web of Science) undertaken in May 2015. In addition, relevant literature was gathered using citation snowballing so that additional peer-reviewed and grey literature was included. Articles were deemed relevant if they discussed social media and/or digital technologies and Indigenous Australians. After reading and reviewing all relevant articles, a thematic analysis was used to identify overall themes and identify specific examples.\n\nResults\nA total of 22 papers were included in the review. Several major themes were identified about how and why Indigenous young people use social media: identity, power and control, cultural compatibility and community and family connections. Examples of marketing for health and health promotion approaches that utilize social media and digital technologies were identified. Negative uses of social media such as cyber bullying, cyber racism and the exchange of sexually explicit content between minors are common with limited approaches to dealing with this at the community level.\n\nDiscussion\nStrong cultural identity and community and family connections, which can be enhanced through social media, are linked to improved educational and health outcomes. The confidence that Indigenous young people demonstrate when approaching the use of social media invites its further use, including in arenas where this group may not usually participate, such as in research.\n\nConclusions\nFuture research could examine ways to minimise the misuse of social media while maximising its positive potential in the lives of Indigenous young people. Future research should also focus on the positive application of social media and showing evidence in health promotion interventions in order to reduce health inequities between Indigenous and non-Indigenous young people.","URL":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4881203/","DOI":"10.1186/s12939-016-0366-0","ISSN":"1475-9276","note":"PMID: 27225519\nPMCID: PMC4881203","shortTitle":"Social media and digital technology use among Indigenous young people in Australia","journalAbbreviation":"Int J Equity Health","author":[{"family":"Rice","given":"Emma S."},{"family":"Haynes","given":"Emma"},{"family":"Royce","given":"Paul"},{"family":"Thompson","given":"Sandra C."}],"issued":{"date-parts":[["2016",5,25]]},"accessed":{"date-parts":[["2019",11,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rice et al., 2016).

Challenges faced by Indigenous Communities in Australia

Introduction

Many indigenous people still find it hard to merge completely through cultural connections because of the negative effects that they have faced in the colonial era. People that were in power refused to recognize the local people as humans and the colonial era set foundation for events that are still affecting Aboriginal people. In many cases, the people in power showed unimaginable cruelty towards the local people. This mindset lay the foundation of a system that will continue to haunt Aboriginal people even today despite their utmost effort to accept this diversity that was imposed on them. The forceful implementation of laws has further given rise to complications injustice system and an increase in crime rates ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Dr5o8HXx","properties":{"formattedCitation":"(Davis, n.d.)","plainCitation":"(Davis, n.d.)","noteIndex":0},"citationItems":[{"id":401,"uris":["http://zotero.org/users/local/zQiT8c1c/items/77S5DKMK"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/77S5DKMK"],"itemData":{"id":401,"type":"article-journal","title":"The inappropriateness of the criminal justice system - Indigenous Australian criminological perspective","page":"17","source":"Zotero","language":"en","author":[{"family":"Davis","given":"Byron"}]}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Davis, n.d.).

The very initial settlement of the British in Australia is traced to be in 1606. An explorer named Willem Janszoon lead the journey starting to travel along the West Coast of Peninsula. He was followed by many Europeans who were travelling for the purpose of trade. On their arrival in Australia, many Aboriginals were killed and forced to leave their property and houses by the European settlers. As a result, most of these Aboriginals had to live in the tribal settlements. The main purpose of the settlement of the British in Australia was to establish and develop a penal colony. Australia was a land of opportunities, full of agricultural wealth and activities such as trade, mining, and farming for the Europeans ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ZC4lF8GO","properties":{"formattedCitation":"(Cunneen and Tauri, 2019)","plainCitation":"(Cunneen and Tauri, 2019)","noteIndex":0},"citationItems":[{"id":383,"uris":["http://zotero.org/users/local/zQiT8c1c/items/ZKRS84ZD"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/ZKRS84ZD"],"itemData":{"id":383,"type":"article-journal","title":"Indigenous Peoples, Criminology, and Criminal Justice","container-title":"Annual Review of Criminology","page":"359-381","volume":"2","issue":"1","source":"annualreviews.org (Atypon)","abstract":"This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it, plays a significant role in the contemporary over-representation of Indigenous peoples in settler-colonial criminal justice systems; and that a key failure of both governments and the academy has been to disregard Indigenous peoples responses to social harm and to rely too heavily on Western theorizing, policy, and practice to solve the problem of Indigenous over-representation. Finally, we argue that little will change to reduce the negative nature of Indigenous–criminal justice interactions until the settler-colonial state and the discipline of criminology show a willingness to support Indigenous peoples’ desire for self-determination and for leadership in the response to the social harms that impact their communities.","DOI":"10.1146/annurev-criminol-011518-024630","ISSN":"2572-4568","journalAbbreviation":"Annu. Rev. Criminol.","author":[{"family":"Cunneen","given":"Chris"},{"family":"Tauri","given":"Juan Marcellus"}],"issued":{"date-parts":[["2019",1,13]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen and Tauri, 2019).

The first battle of law and legalization started with the “Terra Nullius", which was a legal term used for the claim that the Land of Australia belong to no one. Since Australia was a land of the indigenous people living there, this statement deliberately denounced Aboriginal Australians from being human beings. Many people are still affected by the dispossessions that happened almost two centuries ago. They are still feeling the agony of lack of recognition and disrespect that was shown towards them. A lack of recognition means that there was less interaction between indigenous and non-indigenous people which further created criminal justice problems ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"f8Ps3uz3","properties":{"formattedCitation":"(Cunneen, 2015)","plainCitation":"(Cunneen, 2015)","noteIndex":0},"citationItems":[{"id":385,"uris":["http://zotero.org/users/local/zQiT8c1c/items/DPGKK3DP"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/DPGKK3DP"],"itemData":{"id":385,"type":"report","title":"The Place of Indigenous People: Locating Crime and Criminal Justice in a Colonising World","publisher":"Social Science Research Network","publisher-place":"Rochester, NY","genre":"SSRN Scholarly Paper","source":"papers.ssrn.com","event-place":"Rochester, NY","abstract":"Since British colonisation began at the end of the eighteenth century, the history of Australia has been a struggle between Indigenous peoples and the colonisers over place. This is often represented as a struggle over land - it's control and use. Yet for Indigenous people, land was never simply an economic commodity to be exploited. It was 'place' in a deeper sense of the word, a fundamental part of Indigenous cosmology and a necessary foundation to a person's and group's ontology or being in the world. Place, then, can be conceptualised as both a physical and metaphysical domain. Indeed both domains are intertwined, perhaps inseparable.","URL":"https://papers.ssrn.com/abstract=2655433","number":"ID 2655433","shortTitle":"The Place of Indigenous People","language":"en","author":[{"family":"Cunneen","given":"Chris"}],"issued":{"date-parts":[["2015"]]},"accessed":{"date-parts":[["2019",11,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen, 2015).

The laws and policies of the government at that time purposely excluded Aboriginal people from participation as normal citizens by removing them their homes and sending them away at cattle stations and hard missions where they lacked opportunity as equal citizens and a freedom of their own. The settlement of English influenced the system of law and justice in Australia. The Indigenous people in Australia were considered uncivilized who had their laws and systems. The law followed in Indigenous Australia was seen to be customary and essentially imperialist one. The criminal justice system in Australia during colonization was characterized by military acts and repressiveness. The colonial communities and governments continued to discriminate against the Aboriginal people until the early 19th century.

There were three significant and prominent events that took place concerning this issue. “The Day of Mourning, 1938,” “The Freedom Ride, 1965,” and the “Aboriginal Tent Embassy, 1972,” are the three events that focus on this. The Day of Mourning was the first event that took place along with the 150th anniversary of the Australian settlement by the British. The second event involved a students’ group involved in a journey through bus with the purpose of gathering information about the conditions and discrimination of Aboriginals living in the towns surrounding the South Wales. The third event focused on protesting against the court decision about the mining operations on the land of Aboriginals.

By the end of the nineteenth century and during the beginning of the twentieth century, the criminal justice system by the British colonizers was introduced for the government protection of the Aboriginals. Although it was declared that the system is introduced for the protection of Aboriginals, essentially it was for taking control over the Aboriginals in the name of law and justice. The criminal justice officers such as police and prison officers attempted much physical violence on Aboriginal Australians. This violence by the officers had many different forms such as harassment, physical abuse, torture, provocation, verbal abuse, and physical assault. The people were sentenced to lengthy periods of imprisonment and many of them were killed in custody by the in-charge officers. The prisoners had to face physical assault and intimidation before making any record of interview by the police. In many cases, the prisoners were violently killed by the police and prison officers or the correctional authorities. It was observed that lack of care, negligence, and cruelty were a part of the routine of the custodial authorities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"f1FgftO7","properties":{"formattedCitation":"(Marchetti and Ransley, 2014)","plainCitation":"(Marchetti and Ransley, 2014)","noteIndex":0},"citationItems":[{"id":398,"uris":["http://zotero.org/users/local/zQiT8c1c/items/US43ZPSC"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/US43ZPSC"],"itemData":{"id":398,"type":"article-journal","title":"Applying the Critical Lens to Judicial Officers and Legal Practitioners Involved in Sentencing Indigenous Offenders: Will Anyone or Anything Do","container-title":"University of New South Wales Law Journal","page":"1","volume":"37","shortTitle":"Applying the Critical Lens to Judicial Officers and Legal Practitioners Involved in Sentencing Indigenous Offenders","journalAbbreviation":"U.N.S.W.L.J.","author":[{"family":"Marchetti","given":"Elena"},{"family":"Ransley","given":"Janet"}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Marchetti and Ransley, 2014). A young boy committed suicide in prison after being subject to the violence and cruelty of the officers. The boy’s name was Trent Lantry and he was 19 years old. He committed suicide by hanging himself using a bedsheet that was fixed to a hanging point at the top of the cell door. The boy had a long history of self-harm and suicide attempts previously while being held in prison under the correctional facilities. The colonisers dehumanised the Indigenous Australians and their populations for the justification of their horrific and terrible actions. The events resulted in the loss of identities of people and their entire generations ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0mCCcB8d","properties":{"formattedCitation":"(Cunneen, 2005)","plainCitation":"(Cunneen, 2005)","noteIndex":0},"citationItems":[{"id":389,"uris":["http://zotero.org/users/local/zQiT8c1c/items/MQ5FDYC2"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/MQ5FDYC2"],"itemData":{"id":389,"type":"article-journal","title":"Colonialism and Historical Injustice: Reparations for Indigenous Peoples","container-title":"Social Semiotics","page":"59-80","volume":"15","issue":"1","source":"Taylor and Francis+NEJM","abstract":"This article is concerned with the issue of reparations for Indigenous peoples for the harms caused by colonial law, policy and practice. I argue that many of the harms against Aboriginal peoples in Australia and north America relied on law for their legitimacy. Law was essentially aimed at facilitating the destruction of Indigenous cultures. An underlying thread to these human rights abuses were colonial assumptions about the racial inferiority of Aboriginal peoples. For an in-depth discussion of guardianship duties, state obligations and parental rights, and their relationship to the removal of Aboriginal children, see Buti (2004). The article questions whether law can now provide justice for Indigenous peoples for these historical wrongs. It discusses the limitations of attempts to seek redress and compensation through the courts. It considers the arguments for a Reparations Tribunal or Commission as an alternative to the failure of the legal system to provide a just response to injustice. Reparations are seen as a bridge between law and justice – a way of overcoming the limitations of the law of the coloniser and its inability to meet the demands for justice from the colonised. I argue there can be no reconciliation between the colonised and the coloniser without a reparations process.","DOI":"10.1080/10350330500059130","ISSN":"1035-0330","shortTitle":"Colonialism and Historical Injustice","author":[{"family":"Cunneen","given":"Chris"}],"issued":{"date-parts":[["2005",4,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen, 2005). The Aboriginals had to suffer an ongoing pain for many years and it still has an impact on the generations today. When the Aboriginals were removed from their homes, they were sent to the cattle stations and other missions where they had to work day and night. They had to live under the surveillance control and they did not have any liberty as other equal citizens. The people had to spend their lives in trauma under the abusive environments. They had poor nutrition, inadequate health care and education, lack of assets, lack of opportunities and other sources of healthy survival ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"WIDU2lme","properties":{"formattedCitation":"(Hunter, 2004)","plainCitation":"(Hunter, 2004)","noteIndex":0},"citationItems":[{"id":395,"uris":["http://zotero.org/users/local/zQiT8c1c/items/DJZSR8JU"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/DJZSR8JU"],"itemData":{"id":395,"type":"article-journal","title":"Social exclusion, social capital, and Indigenous Australians: measuring the social costs of unemployment","source":"openresearch-repository.anu.edu.au","abstract":"In a purely economic sense, unemployment in the Australian community is extremely costly. The costs of unemployment will be particularly pronounced if its social, psychological, and economic impacts are concentrated among long-term unemployed and if its effects spill over onto other family or community members. This paper analyses evidence from the 1994 National Aboriginal and Torres Strait Islander Survey (NATSIS) to illustrate the point that such effects are potentially very large in Indigenous households with a substantial concentration of unemployed residents. In spite of the fact that NATSIS is now somewhat dated, it provides a range of social, cultural and economic data that are not available from other sources. This paper uses the international literature on social exclusion and social capital to analyse and interpret NATSIS data on several social indicators, including arrest rates, police harassment and being a victim of assault; being a member of the 'stolen generation'; civic engagement; the loss of motivation; and ill-health. The unprecedented range of social indicators included in the NATSIS allows the analysis to provide an insight into the likely social costs of unemployment in the population at large, not just among the Indigenous population. While the meaning of the term social exclusion appears to be intuitively fairly obvious, being closely related to its literal interpretation, 'social capital' it needs to be carefully defined. The recent McClure Report on the direction of welfare reform provides a rudimentary definition: 'the reciprocal relationships, shared values and trust, which help to keep societies together and enable collective action' (McClure 2000: 32). Before uncritically importing terms such as these into an analysis of the costs of Indigenous unemployment, it is necessary to discuss how useful they are in a cross-cultural context. For example, not having any employment in the Australian labour market may actually empower many traditional Indigenous peoples to hunt, fish, paint, and live on the country. Indeed, the extra hours of 'spare' time may facilitate more extensive participation in ceremonial activities, thus increasing what may be defined in the Indigenous context as 'social capital'. Nor should employment be viewed as automatically contributing to social capital. Some forms of employment actually diminish the extent of shared values and trust referred to above. Work which involves or leads to frequent movement of the workforce, such as some types of casual or seasonal work, could uproot the worker's family and thus weaken their links to the local community. Clearly then, the relationship between social capital and unemployment is not simple, even in a mono-cultural context.","URL":"https://openresearch-repository.anu.edu.au/handle/1885/41388","ISSN":"1036 1774","shortTitle":"Social exclusion, social capital, and Indigenous Australians","language":"en_AU","author":[{"family":"Hunter","given":"Boyd"}],"issued":{"date-parts":[["2004",5,19]]},"accessed":{"date-parts":[["2019",11,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hunter, 2004).

The worst effect of colonisation on the Aboriginals was due to the Stolen Generations. The Indigenous people were not considered as civilized people; therefore, it was decided that the children of the Aboriginal families should be removed. This forcible removal was known as the Stolen Generations and it was made a part of the policy of Assimilation. It was based on the white superiority and black inferiority according to which the people belonging to the Indigenous community should be allowed either to “die out” or should be assimilated into the community of whites ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"yeJb1gxt","properties":{"formattedCitation":"(Behrendt, 2005)","plainCitation":"(Behrendt, 2005)","noteIndex":0},"citationItems":[{"id":387,"uris":["http://zotero.org/users/local/zQiT8c1c/items/9L7RWWVX"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/9L7RWWVX"],"itemData":{"id":387,"type":"article-journal","title":"Law Stories and Life Stories: Aboriginal Women, the Law and Australian Society","container-title":"Australian Feminist Studies","page":"245-254","volume":"20","issue":"47","source":"Taylor and Francis+NEJM","DOI":"10.1080/08164640500090434","ISSN":"0816-4649","shortTitle":"Law Stories and Life Stories","author":[{"family":"Behrendt","given":"Larissa"}],"issued":{"date-parts":[["2005",7,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Behrendt, 2005). The children who were taken away from their families were trained and taught in such a way that they rejected their Indigenous heritage and adopted the white culture. They were forbidden to use or speak their traditional languages and their names were also changed. Many white families adopted the children and placed them in institutions where they learnt neglect and abuse commonly. Many communities and families faced a lot of trauma due to this policy of Stolen Generations. The people who experienced the trauma were engaged in several self-destructive behaviours, developed the diseases related to lifestyle, and entered the criminal justice system. Several members of the Stolen Generations never learned the necessary parenting skills and never experienced healthy and happy family situations ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"K8K1EZHe","properties":{"formattedCitation":"(Paradies, 2016)","plainCitation":"(Paradies, 2016)","noteIndex":0},"citationItems":[{"id":379,"uris":["http://zotero.org/users/local/zQiT8c1c/items/6VG2NKBT"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/6VG2NKBT"],"itemData":{"id":379,"type":"article-journal","title":"Colonisation, racism and indigenous health","container-title":"Journal of Population Research","page":"83-96","volume":"33","issue":"1","source":"Springer Link","abstract":"In settler-colonies such as Canada, Australia, New Zealand and the United States, the historical impacts of colonisation on the health, social, economic and cultural experiences of Indigenous peoples are well documented. However, despite being a commonly deployed trope, there has been scant attention paid to precisely how colonial processes contribute to contemporary disparities in health between indigenous and non-indigenous peoples in these nation-states. After considering pertinent issues in defining indigeneity, this paper focuses on operationalising colonisation as a driver of indigenous health, with reference to emerging concepts such as historical trauma. Conceptualisations of coloniality vis-à-vis health and their critiques are then examined alongside the role of racism as an intersecting and overlapping phenomenon. To conclude, approaches to understanding and explaining Indigenous disadvantage are considered alongside the potential of decolonisation, before exploring ramifications for the future of settler-indigenous relations.","DOI":"10.1007/s12546-016-9159-y","ISSN":"1835-9469","journalAbbreviation":"J Pop Research","language":"en","author":[{"family":"Paradies","given":"Yin"}],"issued":{"date-parts":[["2016",3,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Paradies, 2016).

The state government issued many exemption certificates to the people of Australia. These exemption certificates included many privileges such as attending schools, being allowed for voting, entering the hotels, and become free of the restrictions of the state protection laws by Aboriginals. The privileges were enjoyed by the non-Indigenous Australian society rather than the Indigenous ones. Many people had to sacrifice their original identities in order to obtain the basic level of freedom that was enjoyed by the non-Aboriginal people ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"B8OcbsQy","properties":{"formattedCitation":"(Cunneen and Rowe, 2015)","plainCitation":"(Cunneen and Rowe, 2015)","noteIndex":0},"citationItems":[{"id":382,"uris":["http://zotero.org/users/local/zQiT8c1c/items/SPFNP2RF"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/SPFNP2RF"],"itemData":{"id":382,"type":"chapter","title":"Decolonising Indigenous Victimisation","container-title":"Crime, Victims and Policy: International Contexts, Local Experiences","collection-title":"Palgrave Studies in Victims and Victimology","publisher":"Palgrave Macmillan UK","publisher-place":"London","page":"10-32","source":"Springer Link","event-place":"London","abstract":"This chapter is part of a broader project we refer to as the ‘penal/colonial complex’ — a project that seeks to delineate, decentre and challenge the dominant mechanisms through which law, policy and practice continue to subjugate Indigenous peoples, their cultures and their knowledges (Cunneen et al. 2013, pp. 186–187; Cunneen and Rowe 2014). We see the need to decentre victimology at both a theoretical and policy level as an important component of the broader project. Our intentions in this chapter are fivefold: to consider the current status of the victimisation (and, we argue, concomitant criminalisation) of Indigenous peoples in postcolonial Western settler societies; to establish the limitations of Eurocentric victimological approaches to understanding this phenomenon; to clarify how an alternative critical Indigenous analytic framework can transgress these limitations; to contrast Indigenous and state policy responses to Indigenous victimisation; and thereby to establish the analytical and decolonising1 significance of critical Indigenous approaches.","URL":"https://doi.org/10.1057/9781137383938_2","ISBN":"978-1-137-38393-8","note":"DOI: 10.1057/9781137383938_2","language":"en","author":[{"family":"Cunneen","given":"Chris"},{"family":"Rowe","given":"Simone"}],"editor":[{"family":"Wilson","given":"Dean"},{"family":"Ross","given":"Stuart"}],"issued":{"date-parts":[["2015"]]},"accessed":{"date-parts":[["2019",11,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen and Rowe, 2015). The Indigenous Australians who were being used for their labour on cattle stations, reserves and missions, and as the domestic helpers to non-Indigenous houses were being exploited. They were never paid the wages over a long time and were forced to do hard labour. This non-payment of wages contributed to a high level of mistrust and lack of understanding between the public and the authorities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"swy05ywx","properties":{"formattedCitation":"(Cunneen and Porter, 2017)","plainCitation":"(Cunneen and Porter, 2017)","noteIndex":0},"citationItems":[{"id":381,"uris":["http://zotero.org/users/local/zQiT8c1c/items/IFM8Z9BB"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/IFM8Z9BB"],"itemData":{"id":381,"type":"chapter","title":"Indigenous Peoples and Criminal Justice in Australia","container-title":"The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice","publisher":"Springer International Publishing","publisher-place":"Cham","page":"667-682","source":"Springer Link","event-place":"Cham","abstract":"The authors of this chapter contextualise crime and criminal justice within Australian colonial history. They map the development of Aboriginal criminology in Australia and cover key themes that have disproportionately affected Indigenous peoples such as over-policing, lack of access to justice in the neoliberal context, incarceration, and deaths in custody. Finally, the authors reflect on Indigenous experiences of criminal justice, and various processes that challenge contemporary justice interventions, including Indigenous courts, night patrols, and community justice initiatives. The authors conclude by considering the possibilities of an Indigenous criminology.","URL":"https://doi.org/10.1007/978-3-319-55747-2_44","ISBN":"978-3-319-55747-2","note":"DOI: 10.1007/978-3-319-55747-2_44","language":"en","author":[{"family":"Cunneen","given":"Chris"},{"family":"Porter","given":"Amanda"}],"editor":[{"family":"Deckert","given":"Antje"},{"family":"Sarre","given":"Rick"}],"issued":{"date-parts":[["2017"]]},"accessed":{"date-parts":[["2019",11,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen and Porter, 2017).

The Indigenous Australians were denied participation in the social system and were denied the privileges and rights of that system. They were not allowed to access several public spaces and were not included in the national census. On the basis of their race, they were not allowed to avail the facilities of basic education, healthcare, and employment. This social exclusion had such negative effects that have still resulted in unemployment, poor health, homelessness, incarceration, high rates of poverty, and lack of education. The people experienced this systematic discrimination and it resulted in anger, mistrust, and resentment towards the government and authorities by the Indigenous people. The Indigenous people were deeply influenced by colonisation. Their sense of personal identity and belonging was destroyed. They developed a cultural disconnection, weakened identity, and other language barriers in their society ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3usq96Zg","properties":{"formattedCitation":"(Crook et al., 2018)","plainCitation":"(Crook et al., 2018)","noteIndex":0},"citationItems":[{"id":380,"uris":["http://zotero.org/users/local/zQiT8c1c/items/Q2FZLE6F"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/Q2FZLE6F"],"itemData":{"id":380,"type":"article-journal","title":"Ecocide, genocide, capitalism and colonialism: Consequences for indigenous peoples and glocal ecosystems environments","container-title":"Theoretical Criminology","page":"298-317","volume":"22","issue":"3","source":"SAGE Journals","abstract":"Continuing injustices and denial of rights of indigenous peoples are part of the long legacy of colonialism. Parallel processes of exploitation and injustice can be identified in relation to non-human species and/or aspects of the natural environment. International law can address some extreme examples of the crimes and harms of colonialism through the idea and legal definition of genocide, but the intimately related notion of ecocide that applies to nature and the environment is not yet formally accepted within the body of international law. In the context of this special issue reflecting on the development of green criminology, the article argues that the concept of ecocide provides a powerful tool. To illustrate this, the article explores connections between ecocide, genocide, capitalism and colonialism and discusses impacts on indigenous peoples and on local and global (glocal) ecosystems.","DOI":"10.1177/1362480618787176","ISSN":"1362-4806","shortTitle":"Ecocide, genocide, capitalism and colonialism","journalAbbreviation":"Theoretical Criminology","language":"en","author":[{"family":"Crook","given":"Martin"},{"family":"Short","given":"Damien"},{"family":"South","given":"Nigel"}],"issued":{"date-parts":[["2018",8,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Crook et al., 2018).

When the Indigenous people stood against all this or questioned this, they had to face physical violence and their children or lands used to get stolen by the colonisers. Before the colonisation of the British in 1788, they had occupied the continent for more than 65000 years. They were food gatherers and hunters who survived on wild foods and did not possess permanent habitats or settlements. They were dependent on the availability of natural food resources and water. No domestic animals were kept except dogs. The Indigenous men were experts at the tracking and stalking game and they kept and used weapons such as shields, boomerangs, stone axe, throwing sticks or clubs, and hunting spears. The Indigenous women collected honey, vegetable foods, insects, shellfish, and other small creatures. They dug up the food resources such as roots, grubs, edible ants, and other burrowing animals using digging sticks ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"73Q3eTmt","properties":{"formattedCitation":"(Wahlquist, 2017)","plainCitation":"(Wahlquist, 2017)","noteIndex":0},"citationItems":[{"id":377,"uris":["http://zotero.org/users/local/zQiT8c1c/items/WF7IL2YL"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/WF7IL2YL"],"itemData":{"id":377,"type":"article-newspaper","title":"Indigenous incarceration: turning the tide on colonisation's cruel third act","container-title":"The Guardian","section":"Australia news","source":"www.theguardian.com","abstract":"In a new Guardian series, we explore what can and is being done to change the statistics that shame Australia","URL":"https://www.theguardian.com/australia-news/2017/feb/20/indigenous-incarceration-turning-the-tide-on-colonisations-cruel-third-act","ISSN":"0261-3077","shortTitle":"Indigenous incarceration","language":"en-GB","author":[{"family":"Wahlquist","given":"Calla"}],"issued":{"date-parts":[["2017",2,20]]},"accessed":{"date-parts":[["2019",11,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wahlquist, 2017). They were living in the tribal system and were divided into 600 to 700 cultural-linguistic groups when the European settlers arrived and rejected the tribal system calling it a modernist concept. John Mulvaney in 1981 said, “They were organized around small social units, families and clans, which coalesced on occasions when seasonal conditions permitted or when kinship obligations required. Hundreds of individuals often congregated for ceremonial activities such as initiation rituals, and for reciprocal gifts or marriage exchange. These larger social groupings are termed tribes.” Mulvaney further described the Indigenous Australians as simple, “Their approach to life was minimalist yet nurturing of members of the group. Clothing was either not worn or minimal, shelter was easily assembled or non-permanent structures, tools were made from materials readily available on the land, there was no written language, [and] children were cared for by the extended family group and Elders were treated as respected purveyors of important spiritual and cultural formation.”

The English settlers expropriated the land of Australians and destroyed their means of survival to a large extent. Michael Cannon in 1993 said, “The white newcomers were determined that the whole continent of Australia should belong to them—the soil, the beasts and birds, the rivers and fish, the minerals and trees. A dream of total possession had taken hold of normally stolid men. Such lust for new lands ran through the whole British race that monarch and lowliest laborers alike glowed with the glory of creating a new empire.” For the colonizers, the Aboriginals were inferior and backward. They created a racial boundary between the Aboriginals and the whites and dehumanized them in every possible way. The Australian continent was full of opportunities for the English settlers. For them, it was, "a paradise on earth, for here laid one of the fairest domains ever created by nature. Permanent life-giving rivers meandered through its extensive plains; lush grasslands and forests flourished on its rich soil.”

The Indigenous people were shot down like animals while sleeping in their settlements. Their women were taken away and were used to gratify the lust of the white men, and the children were taken away from their families. Richard Broome said in 2002, “The violence took sexual forms as well . . . Reverend Threlkeld . . . in 1825 wrote that he was tormented “at night [by] the shrieks of girls, about 8 or 9 years of age, taken by force by the vile men of Newcastle. One man came to see me with his head broken by the butt-end of a musket because he would not give up his wife.” Some of the worst abuses occurred in Tasmania, where Aborigines were allegedly flogged, branded, castrated and mutilated by convicts.” A Native Police Force was created by the English Settlers to encourage some Indigenous people to fight and kill their own people. The colonizers used to provide these people with money, food, uniforms, guns, and horses and motivated them to victimize their own people. According to Jan Kociumbas, 2004, “The British had at their disposal “variolus matter in bottles,” but though written accounts from the period describe with wonder and sometimes horror the number of corpses strewn around the harbor, none mention the use of the variola, even for the purposes of inoculating the newly-born white children who, though particularly susceptible to the disease, nevertheless appeared to have survived.” He further said, “The settlers had never wanted much from Aboriginal people except their women and their land; for labour the settlers mainly depended on convict labour and imported coolies.” ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"A3ncZYGZ","properties":{"formattedCitation":"(Jalata, 2013)","plainCitation":"(Jalata, 2013)","noteIndex":0},"citationItems":[{"id":375,"uris":["http://zotero.org/users/local/zQiT8c1c/items/NQGABD8S"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/NQGABD8S"],"itemData":{"id":375,"type":"article-journal","title":"The Impacts of English Colonial Terrorism and Genocide on Indigenous/Black Australians","container-title":"SAGE Open","page":"2158244013499143","volume":"3","issue":"3","source":"SAGE Journals","abstract":"This article critically explores the essence of colonial terrorism and its consequences on the indigenous people of Australia during their colonization and incorporation into the European-dominated racialized capitalist world system in the late 18th century. It uses multidimensional, comparative methods, and critical approaches to explain the dynamic interplay among social structures, human agency, and terror to explain the connection between terrorism and the emergence of the capitalist world system or globalization. Raising complex moral, intellectual, philosophical, ethical, and political questions, this article explores the essence, roles, and impacts of colonial terrorism on the indigenous Australians. First, the article provides background historical and cultural information. Second, it conceptualizes and theorizes colonial terrorism as an integral part of the capitalist world system. Specifically, it links capitalist incorporation and colonialism and various forms of violence to terrorism. Third, the article examines the structural aspects of colonial terrorism by connecting it to some specific colonial policies and practices. Finally, it identifies and explains different kinds of ideological justifications that the English colonial settlers and their descendants used in committing crimes against humanity.","DOI":"10.1177/2158244013499143","ISSN":"2158-2440","journalAbbreviation":"SAGE Open","language":"en","author":[{"family":"Jalata","given":"Asafa"}],"issued":{"date-parts":[["2013",7,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Jalata, 2013) Catherine MacKinnon further explained these abuses, “It is . . . rape unto death, rape as massacre, rape to kill and to make the victims wish they were dead. It is rape as an instrument of forced exile, rape to make you leave your home and never want to go back. It is rape to be seen and heard and watched and told to others: rape as spectacle. It is rape to drive a wedge through a community, to shatter a society, to destroy a people. It is rape as genocide.”

Conclusion

The English settlers and their descendants engaged in violent crimes against humanity by using the social organization and capitalist technology. They preferred their cruel law and justice systems against the Indigenous Australians and provided benefits to the white community. They enjoyed all the political and economic benefits that resulted in the destruction and exploitation of the Indigenous communities. The effects of that colonization are still there in the Australian society and the Europeans do not accept any economic, moral, or political responsibility of the crimes that were committed against humanity in Australia and made the Aboriginals suffer a lot ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"GzbfDBSV","properties":{"formattedCitation":"(Cox et al., 2009)","plainCitation":"(Cox et al., 2009)","noteIndex":0},"citationItems":[{"id":393,"uris":["http://zotero.org/users/local/zQiT8c1c/items/LV8WRDMF"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/LV8WRDMF"],"itemData":{"id":393,"type":"article-journal","title":"No Justice Without Healing: Australian Aboriginal People and Family Violence","container-title":"Australian Feminist Law Journal","page":"151-161","volume":"30","issue":"1","source":"Taylor and Francis+NEJM","DOI":"10.1080/13200968.2009.10854421","ISSN":"1320-0968","shortTitle":"No Justice Without Healing","author":[{"family":"Cox","given":"Dorinda"},{"family":"Young","given":"Mandy"},{"family":"Bairnsfather-Scott","given":"Alison"}],"issued":{"date-parts":[["2009",6,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cox et al., 2009). Bruce Elder in 1988 said. “The blood of tens of thousands of Aborigines killed since 1788, and the sense of despair and hopelessness which informs so much modern-today Aborigine society, is a moral responsibility all white Australians share. Our wealth and lifestyle are a direct consequence of Aboriginal dispossession. We should bow our heads in shame.” The colonization in Australia had many negative effects on the lives of the Indigenous Australians that have destroyed the lifestyle of Aboriginals in such a way that it still has an impact on the present generations ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"fOJSbps9","properties":{"formattedCitation":"(Cunneen, 2011)","plainCitation":"(Cunneen, 2011)","noteIndex":0},"citationItems":[{"id":391,"uris":["http://zotero.org/users/local/zQiT8c1c/items/8J3P5KCJ"],"uri":["http://zotero.org/users/local/zQiT8c1c/items/8J3P5KCJ"],"itemData":{"id":391,"type":"report","title":"State Crime, the Colonial Question and Indigenous Peoples","publisher":"Social Science Research Network","publisher-place":"Rochester, NY","genre":"SSRN Scholarly Paper","source":"papers.ssrn.com","event-place":"Rochester, NY","abstract":"The purpose of this chapter is to consider how our understanding of state crime needs to be mediated through an appreciation of colonial processes. The chapter explores a number of inter-related issues around the question of colonialism, state crime and Indigenous peoples. The historical relationship between Indigenous people and the development of modern nation states raises the problem of the extent to which contemporary liberal democracies like Australia, Canada or the US were founded on processes we would now regard as state crime, and indeed engaged in activities which at the time could have been regarded as unlawful. Further, while there has been considerable literature on transitional justice and processes for reparations in post-conflict societies, this body of scholarship has tended to ignore the extent to which liberal democracies themselves might be considered in need of ‘post-conflict’ reconciliation and restorative justice. This chapter explores these questions through a discussion of Australia, Canada and the US, although the primary focus is on Australia and its relationship with the continent’s Indigenous peoples.","URL":"https://papers.ssrn.com/abstract=1739348","number":"ID 1739348","language":"en","author":[{"family":"Cunneen","given":"Chris"}],"issued":{"date-parts":[["2011",1,6]]},"accessed":{"date-parts":[["2019",11,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cunneen, 2011).

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Alazab, M., Broadhurst, R., 2015. Spam and Criminal Activity (SSRN Scholarly Paper No. ID 2467423). Social Science Research Network, Rochester, NY.

Behrendt, L., 2005. Law Stories and Life Stories: Aboriginal Women, the Law and Australian Society. Aust. Fem. Stud. 20, 245–254. https://doi.org/10.1080/08164640500090434

Broadhurst, R., 2017. Cybercrime in Australia, in: Deckert, A., Sarre, R. (Eds.), The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice. Springer International Publishing, Cham, pp. 221–235. https://doi.org/10.1007/978-3-319-55747-2_15

Cox, D., Young, M., Bairnsfather-Scott, A., 2009. No Justice Without Healing: Australian Aboriginal People and Family Violence. Aust. Fem. Law J. 30, 151–161. https://doi.org/10.1080/13200968.2009.10854421

Crook, M., Short, D., South, N., 2018. Ecocide, genocide, capitalism and colonialism: Consequences for indigenous peoples and glocal ecosystems environments. Theor. Criminol. 22, 298–317. https://doi.org/10.1177/1362480618787176

Cross, C., 2018. (Mis)Understanding the Impact of Online Fraud: Implications for Victim Assistance Schemes. Vict. Offenders 13, 757–776. https://doi.org/10.1080/15564886.2018.1474154

Cross, C., 2016. Using financial intelligence to target online fraud victimisation: applying a tertiary prevention perspective. Crim. Justice Stud. 29, 125–142. https://doi.org/10.1080/1478601X.2016.1170278

Cross, C., Smith, R.G., Richards, K., 2014. Challenges of responding to online fraud victimisation in Australia. Trends Issues Crime Crim. Justice 474.

Cunneen, C., 2015. The Place of Indigenous People: Locating Crime and Criminal Justice in a Colonising World (SSRN Scholarly Paper No. ID 2655433). Social Science Research Network, Rochester, NY.

Cunneen, C., 2011. State Crime, the Colonial Question and Indigenous Peoples (SSRN Scholarly Paper No. ID 1739348). Social Science Research Network, Rochester, NY.

Cunneen, C., 2005. Colonialism and Historical Injustice: Reparations for Indigenous Peoples. Soc. Semiot. 15, 59–80. https://doi.org/10.1080/10350330500059130

Cunneen, C., Porter, A., 2017. Indigenous Peoples and Criminal Justice in Australia, in: Deckert, A., Sarre, R. (Eds.), The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice. Springer International Publishing, Cham, pp. 667–682. https://doi.org/10.1007/978-3-319-55747-2_44

Cunneen, C., Rowe, S., 2015. Decolonising Indigenous Victimisation, in: Wilson, D., Ross, S. (Eds.), Crime, Victims and Policy: International Contexts, Local Experiences, Palgrave Studies in Victims and Victimology. Palgrave Macmillan UK, London, pp. 10–32. https://doi.org/10.1057/9781137383938_2

Cunneen, C., Russell, S., 2017. Social Media, Vigilantism and Indigenous People in Australia (SSRN Scholarly Paper No. ID 3094091). Social Science Research Network, Rochester, NY.

Cunneen, C., Tauri, J.M., 2019. Indigenous Peoples, Criminology, and Criminal Justice. Annu. Rev. Criminol. 2, 359–381. https://doi.org/10.1146/annurev-criminol-011518-024630

Davis, B., n.d. The inappropriateness of the criminal justice system - Indigenous Australian criminological perspective 17.

Doerr, S.H., Santín, C., 2016. Global trends in wildfire and its impacts: perceptions versus realities in a changing world. Philos. Trans. R. Soc. B Biol. Sci. 371, 20150345. https://doi.org/10.1098/rstb.2015.0345

Drew, J.M., Farrell, L., 2018. Online victimization risk and self-protective strategies: developing police-led cyber fraud prevention programs. Police Pract. Res. 19, 537–549. https://doi.org/10.1080/15614263.2018.1507890

Hogden, K., 2017. From state to federal to global crime issues [WWW Document]. Aust. Crim. Intell. Comm. URL https://www.acic.gov.au/media-centre/speeches/state-federal-global-crime-issues (accessed 11.4.19).

Hunter, B., 2004. Social exclusion, social capital, and Indigenous Australians: measuring the social costs of unemployment.

Jalata, A., 2013. The Impacts of English Colonial Terrorism and Genocide on Indigenous/Black Australians. SAGE Open 3, 2158244013499143. https://doi.org/10.1177/2158244013499143

Kim-Kwang Raymond Choo, R.G.S., 2017. The future of technology-enabled crime in Australia [WWW Document]. Aust. Inst. Criminol. URL https://aic.gov.au/publications/tandi/tandi341 (accessed 11.4.19).

Marchetti, E., Ransley, J., 2014. Applying the Critical Lens to Judicial Officers and Legal Practitioners Involved in Sentencing Indigenous Offenders: Will Anyone or Anything Do. Univ. New South Wales Law J. 37, 1.

Monica, 1776 Main Street Santa, California 90401-3208, n.d. Internet Technology Could Aid Police, Courts and Prisons; Resolving Privacy Issues Key to Future Use [WWW Document]. URL https://www.rand.org/news/press/2015/08/17.html (accessed 11.4.19).

Paradies, Y., 2016. Colonisation, racism and indigenous health. J. Popul. Res. 33, 83–96. https://doi.org/10.1007/s12546-016-9159-y

Peter Grabosky, R.G.S., 2017. Crime and telecommunications [WWW Document]. Aust. Inst. Criminol. URL https://aic.gov.au/publications/tandi/tandi59 (accessed 11.4.19).

Rice, E.S., Haynes, E., Royce, P., Thompson, S.C., 2016. Social media and digital technology use among Indigenous young people in Australia: a literature review. Int. J. Equity Health 15. https://doi.org/10.1186/s12939-016-0366-0

Shi, L., Roche, S.P., McKenna, R.M., 2019. Media consumption and crime trend perceptions: a longitudinal analysis. Deviant Behav. 40, 1480–1492. https://doi.org/10.1080/01639625.2018.1519129

Stratton, G., Powell, A., Cameron, R., 2017. Crime and Justice in Digital Society: Towards a ‘Digital Criminology’? [WWW Document]. Int. J. Crime Justice Soc. Democr. https://doi.org/10.5204/ijcjsd.v6i2.355

Wahlquist, C., 2017. Indigenous incarceration: turning the tide on colonisation’s cruel third act. The Guardian.

Subject: Law and International Law

Pages: 17 Words: 5100

Assignment 2

BEA )bjbj 7 8 ,73hp8,d NBpp(.03@Lj3 ASSIGNMENT 2

Assignment 2

Name of the writer

Name of the institution

Assignment 2

Introduction

Crime is the factor that affects the well being of the people and families living in the society. In Australia, the crime rate is very high. The crime is most often associated with different factors like unemployment, poverty, family condition, drugs, and illiteracy, etc. Among all the factors poverty is considered as the mother of the crime ADDIN ZOTERO_ITEM CSL_CITATION citationIDggJaKoDQ,propertiesformattedCitation(uc0u8220uc0u8216Poverty is the mother of crime,uc0u8217uc0u8221 n.d.),plainCitation(Poverty is the mother of crime, n.d.),noteIndex0,citationItemsid283,urishttp//zotero.org/users/local/rVaVAHaF/items/WIDMD4YV,urihttp//zotero.org/users/local/rVaVAHaF/items/WIDMD4YV,itemDataid283,typewebpage,titlePoverty is the mother of crime,container-titleProsper Australia,abstractWhat did Marcus Aurelius mean when he said Poverty is the mother of crime Surely he wasnt trying to justify crime The vast majority of poor people,URLhttps//www.prosper.org.au/2017/03/16/poverty-is-the-mother-of-crime/,accesseddate-parts2019,3,5,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Poverty is the mother of crime, n.d.). It develops the other negative factors in society. Not only the poverty but youth poverty is a serious factor causes crime

Discussion and Analysis

One of the big concern raised by the public of Australia is the state of violence and crime. Some of the reason can be justified, but crime due to youth poverty is a serious problem that needs to be solved ADDIN ZOTERO_ITEM CSL_CITATION citationIDWjmTKiUW,propertiesformattedCitation(Chappell, 2017),plainCitation(Chappell, 2017),noteIndex0,citationItemsid280,urishttp//zotero.org/users/local/rVaVAHaF/items/9NRUX5YB,urihttp//zotero.org/users/local/rVaVAHaF/items/9NRUX5YB,itemDataid280,typewebpage,titleViolence, crime and Australian society,container-titleAustralian Institute of Criminology,genreText,abstractA high level of public concern is being expressed in Australia about the state of violent crime. While acknowledging that much of this concern is justified, and that there is a troubling and deep seated problem of violence in Australian society, Chappell attempts to provide a balanced appraisal of the nature and scope of the problem. He also considers some of the strategies which might be used to minimise and reduce violence. This report is an abridged and updated version of the South Australian Justice Administration Foundation Oration presented at the South Australian Police Academy, Fort Largs on 13 July 1988.,URLhttps//aic.gov.au/publications/vt/vt01,languageen,authorfamilyChappell,givenDuncan,issueddate-parts2017,11,3,accesseddate-parts2019,3,5,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Chappell, 2017). Youth with a lack of necessities promotes crime or violence to maximize their satisfaction. No money means no destiny in the present world.

Statistics show that youth between 16 to 24 years old is too young to be able for high skilled labor, so they earn less or limited. The desires are higher in this age which cannot be fulfilled therefore results in crime. The earning of youth in 2013 is recorded as 60p/hour fall to 6.70. Youth Justice Board showed the statistics which indicate that youth of age up to twenty, they were sentenced approximately halved from ninety thousand to less than fifty thousands over a period of time ADDIN ZOTERO_ITEM CSL_CITATION citationIDRtSc1yu1,propertiesformattedCitation(Kerr, 2018),plainCitation(Kerr, 2018),noteIndex0,citationItemsid282,urishttp//zotero.org/users/local/rVaVAHaF/items/AEN2UYTR,urihttp//zotero.org/users/local/rVaVAHaF/items/AEN2UYTR,itemDataid282,typewebpage,titleWhat the figures reveal about poverty and domestic violence,container-titleABC News,genreText,abstractStatistics show a strong correlation between poverty and domestic violence, but experts say they dont tell the whole story.,URLhttps//www.abc.net.au/news/2018-09-19/domestic-violence-and-poverty-statistics/10108140,languageen-AU,authorfamilyKerr,givenJack,issueddate-parts2018,9,19,accesseddate-parts2019,3,5,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Kerr, 2018).

The reason for the increase in youth crime can be understood through the data that about seventy-two percent of youth age between 18 to 21, earn below the living wage. The other reason for this increase the underestimation of the count related to unemployment and poverty ADDIN ZOTERO_ITEM CSL_CITATION citationIDOy0qU8kP,propertiesformattedCitation(Statistics, 2010),plainCitation(Statistics, 2010),noteIndex0,citationItemsid279,urishttp//zotero.org/users/local/rVaVAHaF/items/YXJK9QNB,urihttp//zotero.org/users/local/rVaVAHaF/items/YXJK9QNB,itemDataid279,typewebpage,titleChapter - Crime in Australia (4.4.5),abstractThis is a summary from publication Crime in Australia (4.4.5) which contains key figures, key points and notes from the publication.,URLhttp//www.abs.gov.au/ausstats/abs@.nsf/Lookup/by20Subject/1370.02010ChapterCrime20in20Australia20(4.4.5),languageen,authorfamilyStatistics,givencAU oCommonwealth of Australia ouAustralian Bureau,dropping-particleof,issueddate-parts2010,9,15,accesseddate-parts2019,3,5,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Statistics, 2010).

Conclusion

Crime and violence is a serious problem in Australia. People over there are well aware of the issue and raise concern to solve it. Youth poverty is one of the crucial factors of crime ADDIN ZOTERO_ITEM CSL_CITATION citationID55D2bT9t,propertiesformattedCitation(Fergusson, n.d.),plainCitation(Fergusson, n.d.),noteIndex0,citationItemsid284,urishttp//zotero.org/users/local/rVaVAHaF/items/TTFF2QNP,urihttp//zotero.org/users/local/rVaVAHaF/items/TTFF2QNP,itemDataid284,typewebpage,titleIs there a link between youth poverty and crime The answers may surprise you,container-titleThe Conversation,abstractDespite economic hardships, young people havent been pushed into crime. But can we trust the data,URLhttp//theconversation.com/is-there-a-link-between-youth-poverty-and-crime-the-answers-may-surprise-you-50097,shortTitleIs there a link between youth poverty and crime,languageen,authorfamilyFergusson,givenRoss,accesseddate-parts2019,3,5,schemahttps//github.com/citation-style-language/schema/raw/master/csl-citation.json (Fergusson, n.d.). This is because the youth of age between 16 to 20 earn very low which force them to commit crime and violence. Government and authorities should not underestimate the factor and should formulate a policy.

References

ADDIN ZOTERO_BIBL uncited,omitted,custom CSL_BIBLIOGRAPHY Chappell, D., 2017. Violence, crime and Australian society WWW Document. Aust. Inst. Criminol. URL https//aic.gov.au/publications/vt/vt01 (accessed 3.5.19).

Fergusson, R., n.d. Is there a link between youth poverty and crime The answers may surprise you WWW Document. The Conversation. URL http//theconversation.com/is-there-a-link-between-youth-poverty-and-crime-the-answers-may-surprise-you-50097 (accessed 3.5.19).

Kerr, J., 2018. What the figures reveal about poverty and domestic violence WWW Document. ABC News. URL https//www.abc.net.au/news/2018-09-19/domestic-violence-and-poverty-statistics/10108140 (accessed 3.5.19).

Poverty is the mother of crime WWW Document, n.d. . Prosper Aust. URL https//www.prosper.org.au/2017/03/16/poverty-is-the-mother-of-crime/ (accessed 3.5.19).

Statistics, cAU oCommonwealth of A. ouAustralian B. of, 2010. Chapter - Crime in Australia (4.4.5) WWW Document. URL http//www.abs.gov.au/ausstats/abs@.nsf/Lookup/by20Subject/1370.02010ChapterCrime20in20Australia20(4.4.5) (accessed 3.5.19).

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Subject: Law and International Law

Pages: 1 Words: 300

Assignment 2

An Act That Should Be Criminalized

According to my opinion the historic rituals of “Female genital mutilation (FGM), also known as female genital cutting and female circumcision” should be officially declared a criminal offense. The mere act can be defined as “the ritual cutting or removal of some or all of the external female genitalia” which entirely goes against basic human rights and results in countless deaths of women owing to it. The idea behind it comes from male dominated societies in which women don't count as human beings. The notion of such a fact lies in deeply rooted societal patriarchy and gender discrimination where women are only ought to have domesticated roles like bearing children and doing the cooking. It is done for conformity, and to preserve a woman's virginity for her husband on their wedding night. People in those cultures may also believe it to be cleaner and healthier, despite the fact that it has real and serious health risks.

FGM is supported and promoted by both men and women in those cultures, who consider it to be normal and something that is "just done." Female genital mutilation is all the more inhuman since it often leads to infections which can be very dangerous and mortal in many cases. Unfortunately, the practice is carried out in name of religion, tradition, honor, chastity and a social obligation on part of women and is still not regarded as something to be strictly condemned.

According to the social definition of crime “any action or inaction which is socially injurious” FGM can be regarded as a major crime which is continually causing immense damage to the health, life expectancy all the while leading to negative impacts on individual sexual as well as psychological wellbeing. FGM can also be declared as a crime under the “human rights approach” stating “Crime occurs whenever a human right is violated” since basic human rights if women are continually disregarded under this practice under the wrongful social and culturally held beliefs.

References

Bunch, C., 1990. Women's rights as human rights: Toward a re-vision of human rights. Hum. Rts. Q., 12, p.486.

Cook, R.J., Dickens, B.M. and Fathalla, M.F., 2002. Female genital cutting (mutilation/circumcision): ethical and legal dimensions. International Journal of Gynecology & Obstetrics, 79(3), pp.281-287.

Glaeser, E.L., Sacerdote, B. and Scheinkman, J.A., 1996. Crime and social interactions. The Quarterly Journal of Economics, 111(2), pp.507-548.

Rahman, A. and Toubia, N. eds., 2000. Female genital mutilation: A practical guide to worldwide laws & policies. Zed Books.

Subject: Law and International Law

Pages: 1 Words: 300

Assignment 2b

RUNNING HEAD: LAW AND INTERNATIONAL LAW

Rational crime theory

Enter Name here

[Name of the Institution]

Rational crime theory

Introduction

This essay will analyze the reason as to why people find committing a crime as a last resort. In researching about this perspective, the positivist school of criminology and some sociological perspectives about the crime will be considered. This essay will conclude on the notion that rational behaviour is just one of many constructs use for studying criminal behavio ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"S7YYyejg","properties":{"formattedCitation":"(Cornish and Clarke, 1987)","plainCitation":"(Cornish and Clarke, 1987)","noteIndex":0},"citationItems":[{"id":803,"uris":["http://zotero.org/users/local/s8f0QVnP/items/JTFJZTJI"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/JTFJZTJI"],"itemData":{"id":803,"type":"article-journal","title":"Understanding crime displacement: An application of rational choice theory","container-title":"Criminology","page":"933–948","volume":"25","issue":"4","source":"Google Scholar","title-short":"Understanding crime displacement","author":[{"family":"Cornish","given":"Derek B."},{"family":"Clarke","given":"Ronald V."}],"issued":{"date-parts":[["1987"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} ur (Cornish and Clarke, 1987). This is from the classical school of criminology that criminals choose to commit a crime on the reason they choose freely. Jeremey Bentham and Beccaria from the classic school of criminology have worked extensively on the reasons as to why people tend to adopt crime as the last option ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"WShDRHRD","properties":{"formattedCitation":"(Cornish and Clarke, 2014)","plainCitation":"(Cornish and Clarke, 2014)","noteIndex":0},"citationItems":[{"id":802,"uris":["http://zotero.org/users/local/s8f0QVnP/items/SG85QAYN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/SG85QAYN"],"itemData":{"id":802,"type":"book","title":"The reasoning criminal: Rational choice perspectives on offending","publisher":"Transaction Publishers","source":"Google Scholar","title-short":"The reasoning criminal","author":[{"family":"Cornish","given":"Derek B."},{"family":"Clarke","given":"Ronald V."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cornish and Clarke, 2014). They have also searched that in doing so what they achieve? They have theorized this perspective under the title of Rational Crime theory.

There is a wide believe among many criminologists that the classical theorists normally tend to reason the happening of crime on a natural basis. Sometimes they are right in justifying the happening of that criminal act, but sometimes they wrongly interpret the nature of the crime ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"g7GVpYUL","properties":{"formattedCitation":"(Nettler, 1978)","plainCitation":"(Nettler, 1978)","noteIndex":0},"citationItems":[{"id":804,"uris":["http://zotero.org/users/local/s8f0QVnP/items/456YRB4K"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/456YRB4K"],"itemData":{"id":804,"type":"book","title":"EXPLAINING CRIME, 2D ED.","publisher":"McGraw-Hill","source":"Google Scholar","author":[{"family":"Nettler","given":"G."}],"issued":{"date-parts":[["1978"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Nettler, 1978). This is where they come in conflict with many other people studying crimes. There is also another reason as to why the classical theorists see crime as the result of a natural act which is the socioeconomic reasons. The social disparities in a society which negatively effects the economy of living beings attract classical theorist. In justifying these social disparities, the classical theorists held the natural consciousness of humanity as the driving reason for crimes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"nspwASC6","properties":{"formattedCitation":"(Cornish and Clarke, 2014)","plainCitation":"(Cornish and Clarke, 2014)","noteIndex":0},"citationItems":[{"id":802,"uris":["http://zotero.org/users/local/s8f0QVnP/items/SG85QAYN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/SG85QAYN"],"itemData":{"id":802,"type":"book","title":"The reasoning criminal: Rational choice perspectives on offending","publisher":"Transaction Publishers","source":"Google Scholar","title-short":"The reasoning criminal","author":[{"family":"Cornish","given":"Derek B."},{"family":"Clarke","given":"Ronald V."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cornish and Clarke, 2014). The critiques of the rational crime theory argue that analysis of the criminal behaviour was never the agenda of classical theorists, rather they based their work on sociological perspectives. There are also some attempts by the upcoming rational crime theorists of expanding this debate, but they also remained failed in expanding this debate from the sociological perspective ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"M57yJwzQ","properties":{"formattedCitation":"(Cornish and Clarke, 2014)","plainCitation":"(Cornish and Clarke, 2014)","noteIndex":0},"citationItems":[{"id":802,"uris":["http://zotero.org/users/local/s8f0QVnP/items/SG85QAYN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/SG85QAYN"],"itemData":{"id":802,"type":"book","title":"The reasoning criminal: Rational choice perspectives on offending","publisher":"Transaction Publishers","source":"Google Scholar","title-short":"The reasoning criminal","author":[{"family":"Cornish","given":"Derek B."},{"family":"Clarke","given":"Ronald V."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cornish and Clarke, 2014). In doing so, these all classical theorists motivated the debate about an offender as committing a crime.

Supporting theory

In order to understand the notion presented by the classical theorists in criminology, it is pertinent to look into the perspectives of utilitarianism and social contracts. Theories presented by Thomas Hobbes, John Locke and Rousseau supports the stance of rational crime theory. For example, Locke's theories about the unwritten contracts among the state institutions (monarchies) and masses have created space for the actions of the individuals ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"1rUGjkkF","properties":{"formattedCitation":"(Locke, 1968)","plainCitation":"(Locke, 1968)","noteIndex":0},"citationItems":[{"id":812,"uris":["http://zotero.org/users/local/s8f0QVnP/items/638DRZTX"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/638DRZTX"],"itemData":{"id":812,"type":"book","title":"The educational writings of John Locke","publisher":"CUP Archive","source":"Google Scholar","author":[{"family":"Locke","given":"John"}],"issued":{"date-parts":[["1968"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Locke, 1968). Similarly, Locke argues that since the masses are part of the system that protects monarchs from committing a crime, therefore they cannot be subjected to criminal offences ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"qxJxnHX7","properties":{"formattedCitation":"(Locke and De Beer, 1976)","plainCitation":"(Locke and De Beer, 1976)","noteIndex":0},"citationItems":[{"id":811,"uris":["http://zotero.org/users/local/s8f0QVnP/items/76SQBIKN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/76SQBIKN"],"itemData":{"id":811,"type":"book","title":"The Correspondence of John Locke","publisher":"Clarendon Press Oxford","volume":"8","source":"Google Scholar","author":[{"family":"Locke","given":"John"},{"family":"De Beer","given":"Esmond Samuel"}],"issued":{"date-parts":[["1976"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Locke and De Beer, 1976). Similarly then Rousseau argues that humans are the basic tenets in constriction of society if they are not been subjected to their free will, why they will then be interested in being part of the system (the system which cares for the interest of some people) ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"CpwHToOv","properties":{"formattedCitation":"(Rousseau, 2012)","plainCitation":"(Rousseau, 2012)","noteIndex":0},"citationItems":[{"id":815,"uris":["http://zotero.org/users/local/s8f0QVnP/items/7HC4KYWX"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/7HC4KYWX"],"itemData":{"id":815,"type":"book","title":"Rousseau: The Basic Political Writings: Discourse on the Sciences and the Arts, Discourse on the Origin of Inequality, Discourse on Political Economy, On the Social Contract, The State of War","publisher":"Hackett Publishing","source":"Google Scholar","title-short":"Rousseau","author":[{"family":"Rousseau","given":"Jean-Jacques"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rousseau, 2012).

Rousseau goes on to mention in his socialists and conservative theories that since humans are capable of keeping their self-interest and are also born free, therefore committing a crime is just an example of practising their free will ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ABMG9TBT","properties":{"formattedCitation":"(Rousseau, 2018)","plainCitation":"(Rousseau, 2018)","noteIndex":0},"citationItems":[{"id":813,"uris":["http://zotero.org/users/local/s8f0QVnP/items/CK6N7XAU"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/CK6N7XAU"],"itemData":{"id":813,"type":"book","title":"Rousseau: The Social Contract and other later political writings","publisher":"Cambridge University Press","source":"Google Scholar","title-short":"Rousseau","author":[{"family":"Rousseau","given":"Jean-Jacques"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rousseau, 2018). Finally, Thomas Hobbes writes in his book Leviathan that the rights of every citizen are derived from their consent, which could not be governed. Since the individual who has come forward to making a society have already partially submitted their free movements and thoughts ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"9qDJnGFe","properties":{"formattedCitation":"(Hobbes, 1889)","plainCitation":"(Hobbes, 1889)","noteIndex":0},"citationItems":[{"id":809,"uris":["http://zotero.org/users/local/s8f0QVnP/items/Q56F4FBC"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/Q56F4FBC"],"itemData":{"id":809,"type":"book","title":"The Elements of Law, Natural and Politic: To which are Subjoined Selected Extracts from Unprinted Mss. of Thomas Hobbes","publisher":"Simpkin, Marshall and Company","source":"Google Scholar","title-short":"The Elements of Law, Natural and Politic","author":[{"family":"Hobbes","given":"Thomas"}],"issued":{"date-parts":[["1889"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hobbes, 1889). He argues that since they have partially submitted their will, therefore they should be allowed to practice whatever they find themselves comfortable in. But a little different to Locke and Rousseau, Hobbes has partially agreed over punishing those who steal the natural rights of others ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"onjmmI4N","properties":{"formattedCitation":"(Hobbes, 1998)","plainCitation":"(Hobbes, 1998)","noteIndex":0},"citationItems":[{"id":808,"uris":["http://zotero.org/users/local/s8f0QVnP/items/J6NTT8RV"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/J6NTT8RV"],"itemData":{"id":808,"type":"book","title":"Hobbes: On the citizen","publisher":"Cambridge University Press","source":"Google Scholar","title-short":"Hobbes","author":[{"family":"Hobbes","given":"Thomas"}],"issued":{"date-parts":[["1998"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hobbes, 1998). He argues that they must be punished in the ways possible. The theories put forward by these theorist supports the context of the rational crime theory. The reason why Beccaria was inclined toward the theories of the above-mentioned theorists, was Beccaria's' inclination toward social works. He was characterized as one of the leading social workers of his times.

Refuting theory

There are many reasons which have been highlighted by different criminologists from time to time that the rational crime theory is outdated. Some of them base their opinion on the notion that the world has transformed too much extent, therefore the ideals of peace and security are transformed for this reason too. In addition to this, there are many other reasons on the basis of which the rational crime theory could be refuted or proved wrong. For example, Geis suggest that the rational crime theory was a failure. He argues that criminals and the law abiding citizens could never be treated equally. If one puts the effort in treating these all similarly, this would be an injustice toward the societal structure generally and with the masses particularly. There is some reason why this theory appears outdated. For example, there appear some very important weaknesses in Bentham's utilitarianism. It appears hollow in the following context ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"adkseGeB","properties":{"formattedCitation":"(Eck and Weisburd, 2015)","plainCitation":"(Eck and Weisburd, 2015)","noteIndex":0},"citationItems":[{"id":821,"uris":["http://zotero.org/users/local/s8f0QVnP/items/MUJXPTK4"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/MUJXPTK4"],"itemData":{"id":821,"type":"article-journal","title":"Crime places in crime theory","container-title":"Crime and place: Crime prevention studies","volume":"4","source":"Google Scholar","author":[{"family":"Eck","given":"John"},{"family":"Weisburd","given":"David L."}],"issued":{"date-parts":[["2015"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Eck and Weisburd, 2015)

How deterrence could be successful if the offender is treated equally as like other citizens?

Why these theorists have not taken into account the unsophisticated manners and in some cases the individual circumstances?

Since crime is spontaneous and results abruptly since then it cannot be justified. How come then it could be justified if it is taking place in the presence of all senses? If one also assumes that since the bigger crime results in bigger gains for the criminal, than how this all could be unrealistic ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"iijfrno2","properties":{"formattedCitation":"(Nettler, 1978)","plainCitation":"(Nettler, 1978)","noteIndex":0},"citationItems":[{"id":804,"uris":["http://zotero.org/users/local/s8f0QVnP/items/456YRB4K"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/456YRB4K"],"itemData":{"id":804,"type":"book","title":"EXPLAINING CRIME, 2D ED.","publisher":"McGraw-Hill","source":"Google Scholar","author":[{"family":"Nettler","given":"G."}],"issued":{"date-parts":[["1978"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Nettler, 1978). For these al reasons described above it could be argued that the rational crime theory is refuted and stands false in each sense as it is provided by its perpetrators.

Conclusion

Criminology is now been widely studied in parallel to the discipline of international law. There are areas which are common to both these perspectives. Although these classical theorists have worked in presenting a logical form of arguments, they are now widely outdated. Since the present world is based on scientific reasoning and facts, therefore there remains no reason to argue any criminal case on the basis of mere theories. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"whYkiNph","properties":{"formattedCitation":"(Akers, 1990)","plainCitation":"(Akers, 1990)","noteIndex":0},"citationItems":[{"id":826,"uris":["http://zotero.org/users/local/s8f0QVnP/items/JPL3RPIS"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/JPL3RPIS"],"itemData":{"id":826,"type":"article-journal","title":"Rational choice, deterrence, and social learning theory in criminology: The path not taken","container-title":"J. Crim. L. & Criminology","page":"653","volume":"81","source":"Google Scholar","title-short":"Rational choice, deterrence, and social learning theory in criminology","author":[{"family":"Akers","given":"Ronald L."}],"issued":{"date-parts":[["1990"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Akers, 1990) As since the theory debated above have also invited wide criticism therefore, there appears no space for such school of thoughts in the present day criminology ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"BRu6TjhE","properties":{"formattedCitation":"(Cornish and Clarke, 1987)","plainCitation":"(Cornish and Clarke, 1987)","noteIndex":0},"citationItems":[{"id":803,"uris":["http://zotero.org/users/local/s8f0QVnP/items/JTFJZTJI"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/JTFJZTJI"],"itemData":{"id":803,"type":"article-journal","title":"Understanding crime displacement: An application of rational choice theory","container-title":"Criminology","page":"933–948","volume":"25","issue":"4","source":"Google Scholar","title-short":"Understanding crime displacement","author":[{"family":"Cornish","given":"Derek B."},{"family":"Clarke","given":"Ronald V."}],"issued":{"date-parts":[["1987"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cornish and Clarke, 1987). Bentham and other classical theorist have somehow presented very rational arguments to prove their stances, but these all are null and wide in present-day criminology perspective. Since these arguments were presented on a philosophical basis and not on a scientific basis, therefore, they have considerably lost their weight in present-day literature. Some present criminologist categorizes these classical theorists as philosophers and not a scientist who could study any activity in a more specific sense. As they were the writers in the times of enlightenment, therefore they thought about everything in a much-idealized way. Their contributions are therefore more specific to the philosophical literature and not that for criminology.

Bibliography:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Akers, R.L., 1990. Rational choice, deterrence, and social learning theory in criminology: The path not taken. J. Crim. L. & Criminology 81, 653.

Cornish, D.B., Clarke, R.V., 2014. The reasoning criminal: Rational choice perspectives on offending. Transaction Publishers.

Cornish, D.B., Clarke, R.V., 1987. Understanding crime displacement: An application of rational choice theory. Criminology 25, 933–948.

Eck, J., Weisburd, D.L., 2015. Crime places in crime theory. Crime and place: Crime prevention studies 4.

Hobbes, T., 1998. Hobbes: On the citizen. Cambridge University Press.

Hobbes, T., 1889. The Elements of Law, Natural and Politic: To which are Subjoined Selected Extracts from Unprinted Mss. of Thomas Hobbes. Simpkin, Marshall and Company.

Locke, J., 1968. The educational writings of John Locke. CUP Archive.

Locke, J., De Beer, E.S., 1976. The Correspondence of John Locke. Clarendon Press Oxford.

Nettler, G., 1978. EXPLAINING CRIME, 2D ED. McGraw-Hill.

Rousseau, J.-J., 2018. Rousseau: The Social Contract and other later political writings. Cambridge University Press.

Rousseau, J.-J., 2012. Rousseau: The Basic Political Writings: Discourse on the Sciences and the Arts, Discourse on the Origin of Inequality, Discourse on Political Economy, On the Social Contract, The State of War. Hackett Publishing.

Subject: Law and International Law

Pages: 3 Words: 900

Assignment 3

Running Head: CRIMINAL JUSTICE SYSTEM

Feminist Criminology

[Name of the Writer]

[Name of the Institution]

Feminist Criminology

Introduction

The feminist criminology is a school of thought that has developed in criminology that talks about the fact that how most of the criminology related studies and issues are discussed in the context of the male thought process only (Britton, 2016, p.57). This theory talks about the fact that how there has been general sense of discrimination in a way criminal theory has been talked about and discussed at the moment and why there is a need to make sure that the theories and the research is needed to be done in the manner that allows much more inclusion at this level (Britton, 2016, p.57). One of the things that has been noted in this theory is that how the whole field of the criminology has been dominated by men all this time and the male experience is one of the things that has been focused upon in this regard. As a matter of fact, this theory propagates that how the criminal justice system is also partially loaded in discussion about how men think and perceive crime (Britton, 2016, p.57).

Theory’s View about the Causes of the Crime

One of the things that is discussed when criminology as a whole is discussed is the fact that how the male domination is witnessed in this regard. There is innate sexism that is built in the criminal theory and criminal research at the moment that does not take into account the fact that how women are also supposed to be facing the same trials and tribulations as compared to a male perpetuator (Britton, 2016, p.57). Then there is a fact that how the attribution of the madness is witnessed in this case where women are considered to be much more lawful as compared to the male citizens and thus making the criminal investigation against them carried out in a much lighter manner (Britton, 2016, p.57). What this theory talks about is that it is very important to understand the notion that acceptable behaviors are not supposed to be changed based on the gender of the person and effort is needed to be made to make sure that some sort of social control is maintained in a sense that allowing the free trial of the female victims is one of the thing that is needed to be roped in to the criminal justice system (Britton, 2016, p.57). The other thing that this whole theory talks about is the how society pumps up men as the more dominant of the more gender and due to that, the standard of the normality that is expected to be witnessed in each of the cases is not being looked after in an appropriate manner (Britton, 2016, p.57). The idea is to ensure that the societal balance is created, and the civil rights constraints are needed to be kept in mind when investigation is made (Britton, 2016, p.57). Not until there is sense of partiality is being eliminated from the criminal justice system, these issues are going to stay the same.

How Theory Affects the Current Australian Justice System

Now, there is lot of argument with regards to how the handling of the female victims is being made in the current criminal justice system (Chesney et al. 2013, p.304). At the moment, there are two contrasting ideologies that one gets to see as far as the functionality of the Australian Criminal Justice System, the first one is the fact that how the chivalry and the paternalism is being witnessed at all the levels when it comes to this system and how the perception of the female inmates as being victims of the system is being portrayed most of the times (Cain, 2016, p.18). There is a rationale that is being made here in context of the Australian Criminal Justice System is that how the female victims are supposedly treated at the much lighter vein as compared to the male victims (Chesney et al. 2013, p.304). There is an inherent desire among males to protect the weaker gender, and as the gender dynamics and the diversity of the Australian Criminal Justice System is such that the male participants are much more involved during the course of the whole system. What it means is that they are going to be much more lenient towards men. On the other hand, there are large number of people who tend to argue that specially in the case of the civil offences, the female perpetuators are treated much harshly (Humphries, 2016, p.45). The reason for this different treatment stems from the fact that how it emerges that when any offense is being made by the female victims, the general mentality is that how these women are bringing a bad repute to their whole gender (Humphries, 2016, p.45). What it implies one way or the another is that the gender role expectations are quite commonly witnessed in the Australian Criminal Justice System and it is one of the prime reasons that it has been seen that women are being treated at a much more different level as compared to the male victims just due to the perceived difference in the treatment at the particular point of time (Humphries, 2016, p.45). One interesting empirical evidence that has been witnessed in this regard is that how women are supposed to be receiving much less severe punishment, while on the other hand, the female offenders are the one that are much more likely to be the first-time offenders (Messerschmidt, 2018, p.4). There is difference in terms of the way treatment and sentences are being meted out to them. In the hindsight, it is a major issue and there is scope for discussion in this regard (Walsh, 2016, p.46).

Relevance of the Theory to the Australian Society and Criminal Justice System

Now this is something of an interesting debate. Australian Criminal Justice System has a long history in a sense that how the treatment of the cases or even the criminal cases against women are being carried out (Pepinsky and Quinney, 2017, p.23). There have been many cases in the past where women were being raped and murdered quite brutally. As a matter of fact, the whole crime was carried out in the manner that there was a malicious attempt at the part of the person to ensure that they get to torture the women and murder them with no empathy. One of the reasons that there are so many crimes against the women is due to the fact that the sentence system that is working in Australia at the moment is quite light specially if one talks about the cases pertaining to the domestic violence and sexual abuse (Policastro, 2015, p.89). It is one of the prime reasons that the criminal cases against women are rising and one of the ways through which it can be made sure that the level of control is achieved is to ensure that the Australian Criminal Justice System has to be amended that crimes against women are treated in a serious manner (Smart, 2017, p.7). So definitely it can be said that the issue and the theory have relevance as far as the Australian society is concerned. The other thing that must be taken into account is the fact that the Australian Criminal Justice System is not covering the broader range of possibilities of the female criminality (Renzetti, 2017, p.8).

References

Britton, D.M., 2016. Feminism in criminology: Engendering the outlaw. The annals of the American academy of political and social science, 571(1), pp.57-76.

Cain, M., 2016. Towards transgression: New directions in feminist criminology. International Journal of the Sociology of Law, 18(1), pp.1-18.

Chesney-Lind, M. and Morash, M., 2013. Transformative feminist criminology: A critical re-thinking of a discipline. Critical Criminology, 21(3), pp.287-304.

Humphries, D. ed., 2016. Women, violence, and the media: Readings in feminist criminology. Upne.

Messerschmidt, J.W., 2018. Capitalism, patriarchy, and crime: Toward a socialist feminist criminology. Totowa, NJ: Rowman & Littlefield.

Pepinsky, H.E. and Quinney, R. eds., 2017. Criminology as peacemaking. Bloomington: Indiana University Press.

Policastro, C., 2015. Feminist Theory. The Encyclopedia of Crime and Punishment, pp.1-5.

Renzetti, C.M., 2017. Feminist criminology. Routledge.

Smart, C., 2017. Women, Crime and Criminology (Routledge Revivals): A Feminist Critique. Routledge.

Walsh, A., 2016. Feminist criminology through a biosocial lens. Carolina Academic Press.

Subject: Law and International Law

Pages: 4 Words: 1200

Assignment 3

RUNNING HEAD: LAW AND INTERNATIONAL LAW

Assignment 3

[Name of the writer]

[Name of the institution]

Assignment 3

Introduction; Identification and Explanation of 3 Forms of Misconduct Identified by the Royal Commission

The misconduct by Australian banks was in highlights as citizens were played and ripped off by banks which cost them their life savings. Commissioner Kenneth provided his report to the Royal Commission on 1st February 2019. The report was discharged after the Commissioner finished more than a year of examination and enquiries into the acts of banks, retirement plans and other money-related administration foundations (Al-Saggaf, Burmeister and Weckert, 2015). The Royal Commission was propelled in December 2017 after cases of client misuse, poor administration and dishonest loaning rehearse embraced by banks. With all the investigation and news that has been circulating around, it became evident that the following 3 forms of misconduct were considered heinous.

Charging customers without providing any sort of financial advice. These banks and advisors were charging customers even after they have died.

Advisors were giving advice to the clients that only benefitted advisors and lacked skills and professionalism.

There was a conflict of interest and as a result, very poor advice was given to the clients.

These three forms of misconduct are the worst fears of any client. Having an interest in only benefitting themselves, advisors and financial institutions made bold moves in order to pursue their own interests (Al-Saggaf, Burmeister and Weckert, 2015). The level of professionalism is not present in these 3 scenarios where clients are being cheated and not given the desired results, they want and even the clients who have died are not left. They are being charged by these corrupt institutions and not caring how this will affect the families. Furthermore, these advisors and financial institutions were being rewarded for the type of work they were doing, and, in his report, Commissioner Haynes has protested against such conduct. The trustworthiness of capital markets has been essentially affected thus debilitating the dimension of trust and certainty customers have in the industry of finance and economy (Al-Saggaf, Burmeister and Weckert, 2015). Without a thorough and straightforward arrangement of a monetary council, the customer was presented to essentially higher dangers than it could ever be foreseen. This has prompted a significant loss of the customer's riches and livelihood. The advice that as given to the client was not up to the client's expectations and would force the client to purchase a product that will again cause him to lose a certain portion of his wealth. Based on these advises and selling products to the customers, advisors will gain commissions and will only see the benefit for themselves. Furthermore, financial advice and the financial product was rendered as a single product and in this way, clients had to pay double just to benefit the advisor (Conroy, Henle, Shore and Stelman, 2017). Additionally, the international and national standards were completely ignored by these financial institutions and as it became a tool for making a hefty amount of money, no one was being held responsible for these criminal acts and thus everyone in the business of finance were making money out of their clients and no one was being charged for these acts.

Explanation of the Main Reason the Commission gave for the Unethical Behaviour and Bad Corporate Culture

The Royal Commission has termed the misconduct of banks and financial institutions as unethical and it has been termed that the financial sector is on the verge of losing all hopes of trust from the nation as it is lacking a great sense of leadership, there is no such thing as accountability in the financial sector. The Royal Commission is of the view that banks and monetary institutions have for the sake of short-term benefits and not considering any sort of business ethics, conducted practices that have hurt clients and the whole nation. This consistent and endless journey for accomplishing one's very own advantages to the detriment of those of the customers was propelled by eagerness and narrow-mindedness (Coleman, 2016). The job of corporate culture expects basic significance in the Final Report. This is not astounding: The Provisional Statement distinguished culture as a reason for both offense and as a driver of reactions to it. Official Hayne remains exceedingly disparaging of corporate societies that esteem deals and benefit over consistency and thought of the client where the client is not given much importance and self-interest only pursue. Such kind of social qualities are frequently installed in compensation and motivator programs that deem benefit as the key proportion of accomplishment (Tomasic, 2018).

The Final Report inspects top to bottom the convenient connection between compensation and business culture. Any element's compensation game plans, especially factor compensation and motivator programs, tell staff what the element rewards and what it esteems the most. Such policies where compensation and rewards are given more importance than the wellbeing of the client and only falls under the domination of self-success are considered the driving forces in the final report that was represented to The Royal Commission (Coleman, 2016). Such methodologies tell workers that the component gives importance to revenue over the welfares of clients or more consistency with the law. The statement does not advocate a solitary 'best practice' for making or keeping up an alluring society. Corporate businesses are rather urged to look at fundamentally their current structures and keep on taking a shot at approaches to spur their workers to act to the greatest advantage of their customers. In the report, the commission states that organizations should follow certain paths to enhance their corporate culture and along with that discourage certain aspects as well (Conroy, Henle, Shore and Stelman, 2017). The ascent of the idea of culture inside law and guideline, and the Royal Commission's emphasis on it, is additionally an impression of the more extensive weight from buyers and different partners on enterprises to do what is 'correct' or 'moral', or what might be reliable with 'network gauges' so as to keep up a 'social permit to work'.

Elements outside of the monetary administration's industry may wish to proactively lead their very own appraisal of the hierarchical culture and distinguish and cure any issues. Business culture valuations can generate lawful threat and chances with a great opportunity for businesses (Trevino and Nelson, 2016). Although business culture valuations must be versatile, there is a part for authorized and compliance purposes to support and guarantee that the appraisal is forensically stable and precise, considers consistence structures, address components that the law and controllers center around while surveying the culture of corporates. The Royal Commission prescribes that APRA, in its sensible supervision of APRA-controlled substances, constructs a supervisory program that advances a culture which alleviates the danger of offense among APRA-controlled foundations (Coleman, 2016). The Final Report underscores the superior job of senior administration in driving the way of life of an association.

A culture that avoids wrongdoing and advances and rewards moral conduct should be given the most priority so the corporate can be led towards a positive direction. The Royal Commission was of the view that because of lack of leadership and accountability, there were certain aspects of corruption in the financial sector and because of this unethical approach were taken for self-interests (Conroy, Henle, Shore and Stelman, 2017). These self-interests were such greedy and unethical that the people who were dead were being charged for financial services. So, an overhaul of the financial sector is required with good leadership where corporate ethics and moral values are given importance and the client's well-being comes first. The final report also values the importance of information and communication. The quality of information and communication is necessary and not the quantity.

Role of Regulators

The prospect that the organization could bear any obligation regarding a person's offenses never enters their psyches. Morals, on one hand, are considered nothing in the eyes of management. But this is where it gets wrong. Morals and ethics are everything a corporate business and management is about (Henderson, Swann and Stanford, 2018). Without ethics and defined morals, a business cannot flourish and cannot have the trust of clients and the work environment is affected adversely (Davies, 2016). Managers who neglect to give legitimate initiative and are not able to find frameworks that encourage moral lead share obligation with the individuals who imagine, perform, and intentionally gain advantage from business offenses. Executives must recognize their job informing authoritative morals and catch this chance to make an atmosphere that can reinforce the connections and notorieties on which they can make their company a big success (Tomasic, 2018). Managers who are not leading their companies under the umbrella of ethics and morals can face many legal issues as with time the laws and regulations for running a business in the corporate world are getting tougher.

Additionally, along with their company, the lives of many workers are on the line and committing criminal offense can cause serious legal issues for the company and for the workers as well. The most imperative aspect of the corporate world is the term culture (Davies, 2016). Culture defines how a company works and what values it deems important. A company where the culture is of providing satisfactory results to the customer is foremost important and the well-being of the employs comes equally important then it can be said that such company is living up to its culture and working under the umbrella of ethics and morals. Having trustworthy connections are critical to moral culture. At the point when an individual is seen as reliable, this implies individuals believe in her capacity, generosity, and respectability. On the off chance that trust is pervasive in the association, individuals are bound to hold inspirational assumptions regarding each other's dependability, inspirations (Gilligan, 2019). To eradicate corruption from the corporate culture, the most important step is to eliminate the corrupt leader first and overhaul the culture of the corporate.

Corporate Culture should and could be Regulated

Corporate culture can be regulated as it can become evident with time that the working of the organization is based upon false and ill morals. It is important for an organization to be successful and provide adequate importance to the clients to ensure success. A survey was made by Carr in 1996 where it was made evident that 10% of the businesses became successful after changing their company culture and the survey made in 1994 by Troy also suggests the same as more than 32 percent of companies became successful after they changed their culture and moral ethos (Gilligan, 2019). Through a strong culture, the strategy is derived and through that strategy, a company can flourish. This has been made evident by many companies. Managing culture can be a difficult task at sometimes as only a leader with clear vision who is eager to move the company and its workers towards success can only change the culture of the company.

There have been many instances where such huge companies have failed to achieve success just because managers and leaders were not ready to accept changed and wanted to continue the same ethos for their company (Hargovan, 2018). Shockingly, in our experience, it is unmistakably increasingly normal for pioneers looking to construct high-performing associations to be frustrated by culture. Human Resource department now is responsible for handling the culture of the organization of the company and it is their duty to maintain a system of checks and balances in the company but that not the case in each company (Leaver and Reader, 2019). There are many aspects of favoritism where the HR department usually ignores the bad deeds committed by the senior managers but do force new and junior level employees to follow company laws and culture. This case of discrimination is very much present and common in all of the corporate worlds and it is yet to be acknowledged how this disease if discrimination can be forever dealt with. There are many companies who provide the best client support and experience but what they are lacking in is their ethos and culture (Hargovan, 2018). The work environment is affected by such issues and people work just because they do not want to get fired or listen to their angry managers. It is conceivable—truth be told, essential—to improve authoritative execution through ethos modification. First pioneers must wind up of the way of life that works in their association. Next, they can characterize an optimistic target ethos (Trevino and Nelson, 2016). At long last, they can ace the center change practices of explanation of the desire, administration arrangement, hierarchical discussion, and authoritative plan.

Royal Commission should Investigate, misconduct, unethical behaviour and bad corporate culture among Australian companies more widely

The Royal Commission must use its sphere of influence and other such powers to regulate and investigate more companies where there is misconduct and citizens are being cheated. The financial sector did its best to rip off citizens off their money and time and it was a good step by the Royal Commission to put up a system of checks and balances so that such horrific practices can be regulated and be charged with a criminal offence (Trevino and Nelson, 2016). People were misguided and used for such a long time and who knows how many companies at present are doing the same thing to millions of people all over the country. Such scams and plays are getting common in many developed and under-developed countries. There have been stances of such corruption just as the famous Panama Gate scandal where the powerful and rich were hiding their Billions of worth of wealth away from their countries in a safe haven. From this, it can be surely made a possible stance that such kind of corruption is happening at all times where precious time and money of people are being consumed by the greedy and powerful (Trevino and Nelson, 2016). The Royal Commission should make bold moves and investigate all such private companies especially in the corporate world where Billions of worth of money is being carried away and nobody seems to care at all about it. The final report of the Royal Commission should be a red signal for many such companies which are involved in misconduct and unethical executions. The Australian public should also sign petitions on the provided portals where they can ask the Royal Commission to pursue such type of investigations. Public sectors must be investigated as well, and a pure system of checks and balances must be upheld in this democratic country (Tomasic, 2017).

The basic results that the Royal Commission report produced were that the financial sector was involved in misconduct and unethical executions where advisors lacked professionalism and skills. In this era, we can find such corrupt and nonprofessional representatives at all types of sectors. Many public-sector institutions like water and electricity and the medical sector need to be regulated foremost as there have been many instances of corruption (Tomasic, 2017). The medical industry is looting patients and families all the times and the services provided to them is close to negligible. This is where the Royal Commission can make a huge break but at first, proper action needs to be taken first against the banks and financial institutes who have caused Australians to lose more than 800 Million$. The recommendations that were provided by Commissioner to the Royal Commission are more than enough and all is left is for the Royal Commission to take action against them and act against more such companies whether private or public.

Royal Commission to consider fundamental reform of the Australian corporate law and corporate governance models

From here, it should be and it is the responsibility of the state and citizens to pinpoint the corrupt and make sure that proper actions are taken against them so that they can be held responsible as this has put up a huge toll on Australian lives. As under the given scandal, there is a need to change the law for the corporate world and for corporate governance models (Henderson, Swann and Stanford, 2018). As there are many companies that are still working under the old day's laws and have known to get away with whatever they want. Generally speaking, the report recognizes that Australia's corporate administration model, including the partition of the board and the executives, is sound (McGrath, 2018). So, Hayne stresses that the essential duty regarding wrongdoing in the money related administrations industry lies with the substances concerned and with the individuals who oversee and control them: their sheets and senior administration.

Appropriately, Hayne prescribes that every single money related administration element should, as regularly as sensibly conceivable, find a way to survey the substance's way of life and its administration; distinguish any issues with that culture and administration; manage those issues; and decide if the progressions it has made have been compelling (Hayne, 2018). While this proposal is normally restricted to budgetary administrations elements, it would be opportune for chiefs all things considered – not only those in money related administrations – to think about how and where administration structures can be fortified. Hayne additionally makes various remarks on the nature and degree of executives' obligations. In connection to the prerequisite that executives practice their forces and release their obligations in compliance with common decency to the greatest advantage of the enterprise, and for a legitimate reason, he stresses that the organization is the focal point of their obligations - and that that requests thought of more than the budgetary returns that will be accessible to investors in a specific period. While budgetary come back to investors will dependably be a significant thought, it isn't the main issue to be considered (Hayne, 2018). Hayne additionally made various suggestions in connection to compensation including, pertinently, that every money-related administration element should survey at any rate yearly the structure and usage of their compensation frameworks for cutting edge staff to guarantee that the plan and execution of those frameworks center around on what staff do, yet in addition how they do it (Lumsden, 2019).

The last report additionally stresses a considerable lot of the key standards of good administration, particularly: the significance of board challenge of the board; and having the correct progression of data to the board with the end goal for executives to release their obligations. While maintaining a strategic distance from increasingly extreme proposition on compensation –, for example, restricting variable compensation which had been coasted then report - Hayne made various suggestions including approaching APRA to have more prominent oversight and the requirement for elements to put higher respect on non-budgetary measurements (Hayne, 2018). The Royal Commission has recognized various territories where APRA's prudential and supervisory system can and ought to be reinforced. APRA is assessing its authorization technique with the help of an Independent Expert Panel. This survey incorporates thought of when to consider people answerable. The suggestions will require APRA to build the expansiveness and profundity of its supervision and that assets will be expected. The Royal Commission features that APRA will assume a focal job in supporting better social principles and more grounded responsibility (Schaltegger and Burritt, 2017). By this suggestion, a lot of work can be done and things can be made more streamlined.

Bibliography

Al-Saggaf, Y., Burmeister, O. and Weckert, J., 2015. Reasons behind unethical behaviour in the Australian ICT workplace: An empirical investigation. Journal of Information, Communication, and Ethics in Society, 13(3/4), pp.235-255.

Coleman, W. ed., 2016. Only in Australia: The history, politics, and economics of Australian exceptionalism. Oxford University Press.

Conroy, S., Henle, C.A., Shore, L. and Stelman, S., 2017. Where there is light, there is dark: A review of the detrimental outcomes of high organizational identification. Journal of organizational behavior, 38(2), pp.184-203.

Davies, P.W., 2016. Current issues in business ethics. Routledge.

Gilligan, G., 2019. The Hayne Royal Commission–just another piece of official discourse?. Law and Financial Markets Review, pp.1-10.

Hargovan, A., 2018. Governance in practice: Hayne royal commission interim report: Unclogging the central artery. Governance Directions, 70(11), p.691.

Hayne, D.M., 2018. Submission in response to the Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

Henderson, T., Swann, T. and Stanford, J., 2018. Under The Employer’s Eye.

Leaver, M.P. and Reader, T.W., 2019. Safety culture in financial trading: an analysis of trading misconduct investigations. Journal of Business Ethics, 154(2), pp.461-481.

Lumsden, A., 2019. The Wider Implications of the Hayne Report for Corporate Australia. Available at SSRN 3342855.

McGrath, M., 2018. Safety education: culture, leadership and learning in the workplace: a critical discourse analysis(Doctoral dissertation).

Schaltegger, S. and Burritt, R., 2017. Contemporary environmental accounting: issues, concepts and practice. Routledge.

Tomasic, R., 2017. Exploring the Limits of Corporate Culture As a Regulatory Tool–The Case of Financial Institutions.

Tomasic, R., 2018. Corporate Crime and Corporate Culture in Financial Institutions: An Australian Perspective. In White Collar Crime and Risk (pp. 283-315). Palgrave Macmillan, London.

Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how to do it right. John Wiley & Sons.

Subject: Law and International Law

Pages: 10 Words: 3000

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