‘The Legal System Focuses on Punishing Offenders rather than Preventing
Crime.’
Assess this Statement in Reference to Achieving Justice Through Criminal
Processes and Institutions.
Criminal processes and institutions achieve justice to a moderate extent as it focuses on the
punishment of criminals over the rehabilitation of individuals into society.1 Processes, such
as the criminal trial process, and institutions, such as prisons, contribute to achieving justice
within the legal system through punishment of offenders, and the rehabilitation of them.
2
These criminal processes and institutions are vital in ensuring a balanced criminal justice
system in order to achieve justice for all stakeholders; society, victims and the accused.3
The Australian prison system is regarded as having a reputation for solely focusing
on the punishment of individuals. An ABC news article titled, ‘Australia can Fix its Broken
Prison System’, focuses on the Australian prison system and how they fail the individuals
within them. This limits the justice that is achieved for the accused, but it provides society
with an increased feeling of justice. When jails don’t prepare criminals for life after their
release, their rate of reoffending greatly increases, “Critically, huge numbers of people
leaving prison are committing more, not fewer crimes…the proportion of people in prison
with a prior conviction — 56 per cent — climbed by 52 per cent between 2012 and 2022.”
Institutions within Australia and the programs that are run increase their likelihood of
reoffending, following through with the stigma that once you become a criminal, you’ll stay a
criminal. This is, in turn, lowering the justice achieved for society4. The streets aren’t as safe
as they would be if prisoners were justly treated and prepared for reintegration, “I've heard
too from…social workers who despair at the punitive nature of the jails… rather than the
deprivation of liberty being the punishment”. The perspective of officers and workers that
have worked within jails showcase the lack of justice being served.5 This is supported
through first hand experiences and witnesses of the ‘deprivation of liberty’, the lack of
support on how to live after release. When the accused are released in a higher state of
likelihood to reoffend, it infringes on society's right to safety and security,6 and it infringes on
the accused’s right to equality and fair treatment. However, imprisonment and punishment
are vital in order to properly provide justice for the victims and society. The Judicial
Commision of NSW states that, “the purposes of criminal punishment (imprisonment) are
various: protection of society, deterrence of the offender…retribution and reform.” If criminal
institutions don’t provide reasonable punishment, such as imprisonment, crime rates would
continue to drastically rise as punishment would lead to an unbalanced system, limiting
justice achieved for all stakeholders in the criminal justice system.7 This proves that criminal
1
Clear answer to the question with a brief thesis. It sets up the structure of your essay and tells the
reader exactly what your point of view is
2
Directly relates to the question. Clearly states a process and an institution that will be outlined further
in the essay
3
Strong wording. Links directly to the syllabus, connecting to the balance of the CJS between all the
stakeholders in the CJS
4
Once again, very clear and strong language, reinforcing the thesis that was mentioned in the
introduction. Links very clearly with the chosen quotes, which were well integrated into the paragraph
5
Directly linking the essay point to the syllabus. Explicitly mentioning different perspectives of the CJS
6
Very clear and confident language. Showcases an informed judgement on the effectiveness on
institutions in Australia and demonstrates a well rounded understanding of the content studied
7
Very cohesive, well integrated evidence that was relevant to the point being made. Showcases an
informed judgement due to the understanding of all perspectives in the CJS
Crime.’
Assess this Statement in Reference to Achieving Justice Through Criminal
Processes and Institutions.
Criminal processes and institutions achieve justice to a moderate extent as it focuses on the
punishment of criminals over the rehabilitation of individuals into society.1 Processes, such
as the criminal trial process, and institutions, such as prisons, contribute to achieving justice
within the legal system through punishment of offenders, and the rehabilitation of them.
2
These criminal processes and institutions are vital in ensuring a balanced criminal justice
system in order to achieve justice for all stakeholders; society, victims and the accused.3
The Australian prison system is regarded as having a reputation for solely focusing
on the punishment of individuals. An ABC news article titled, ‘Australia can Fix its Broken
Prison System’, focuses on the Australian prison system and how they fail the individuals
within them. This limits the justice that is achieved for the accused, but it provides society
with an increased feeling of justice. When jails don’t prepare criminals for life after their
release, their rate of reoffending greatly increases, “Critically, huge numbers of people
leaving prison are committing more, not fewer crimes…the proportion of people in prison
with a prior conviction — 56 per cent — climbed by 52 per cent between 2012 and 2022.”
Institutions within Australia and the programs that are run increase their likelihood of
reoffending, following through with the stigma that once you become a criminal, you’ll stay a
criminal. This is, in turn, lowering the justice achieved for society4. The streets aren’t as safe
as they would be if prisoners were justly treated and prepared for reintegration, “I've heard
too from…social workers who despair at the punitive nature of the jails… rather than the
deprivation of liberty being the punishment”. The perspective of officers and workers that
have worked within jails showcase the lack of justice being served.5 This is supported
through first hand experiences and witnesses of the ‘deprivation of liberty’, the lack of
support on how to live after release. When the accused are released in a higher state of
likelihood to reoffend, it infringes on society's right to safety and security,6 and it infringes on
the accused’s right to equality and fair treatment. However, imprisonment and punishment
are vital in order to properly provide justice for the victims and society. The Judicial
Commision of NSW states that, “the purposes of criminal punishment (imprisonment) are
various: protection of society, deterrence of the offender…retribution and reform.” If criminal
institutions don’t provide reasonable punishment, such as imprisonment, crime rates would
continue to drastically rise as punishment would lead to an unbalanced system, limiting
justice achieved for all stakeholders in the criminal justice system.7 This proves that criminal
1
Clear answer to the question with a brief thesis. It sets up the structure of your essay and tells the
reader exactly what your point of view is
2
Directly relates to the question. Clearly states a process and an institution that will be outlined further
in the essay
3
Strong wording. Links directly to the syllabus, connecting to the balance of the CJS between all the
stakeholders in the CJS
4
Once again, very clear and strong language, reinforcing the thesis that was mentioned in the
introduction. Links very clearly with the chosen quotes, which were well integrated into the paragraph
5
Directly linking the essay point to the syllabus. Explicitly mentioning different perspectives of the CJS
6
Very clear and confident language. Showcases an informed judgement on the effectiveness on
institutions in Australia and demonstrates a well rounded understanding of the content studied
7
Very cohesive, well integrated evidence that was relevant to the point being made. Showcases an
informed judgement due to the understanding of all perspectives in the CJS
