Colab._Response_Essay_(Legal)

Evaluate the effectiveness of legal and non-legal responses to OMCGs. REMEDY (REPONSE) EGS EVALUATION CRITERIA OF EFFECTIVENESS LINK TO QUESTION Group 1 The media is the primary and most influential non-legal response to OMCGs. The media has many mediums such as television, radio, newspapers and internet articles which are accessible through many devices and virtually for free; as a result the media is extremely accessible. The media aims to inform people about events that interest society, this is by reporting on stories on topics that people want to know more about.Matthew Is a computing God As a result of this the media meets society’s standards and is extremely effective. On the other hand, the media does not always protect the rights of individuals. An example of this is when a media circus is made of an event and an individual’s rights to privacy may be compromised. Overall the media is a significantly effective method of response to deal with OMCGs. Group 2 The effectiveness of legal and non-legal responses to OMCG’s is dependent on a criterion of various characteristics. For example, a non legal response would be a public demonstration. The first criteria point in question would be responsiveness. Since demonstrators are an immediate issue, responsiveness in regards to them would be quite quick in order to make sure an escalation of the protest doesn’t occur. Usually, a police clearance is required to stage a demonstration, but this is a fairly quick process provided it’s a peaceful occurrence, and therefore is moderately accessible. Not many resources are used in terms of a demonstration, so the efficiency of such is quite well since there’s not much to be done. In terms of the Parliament House in Adelaide petition against new legislation (Serious and Organised Crime [Control] Act 2008) – this resulted in meeting needs of bikies rather than the community itself, thus the application of the rule of law was ineffective, and expressed that the bikies and their needs were superior to those of the community. In conclusion, the protection of individual rights was protested through the petition of the bikies, and in general, the non-legal response of demonstration was moderately effective in general, though in terms of achieving change, quite ineffective. Group 3 A legal response to the threat of outlaw motorcycle gangs is the establishment of police and government taskforces. An example of the establishment of a task force is Strike Force Raptor, which was established in March 2009 by the New South Wales police. A task force is an authorized group that has powers of government and law enforcement agencies but is separate in the way that it does not require the use of warrants and other coercive powers. These powers include the power to summon a witness or document and telecommunication inception. This method of response is effective in the way that it targets groups specifically meaning that resources are used quite efficiently, it is extremely responsive as its focus is on one part of society meaning that all of its power can be used successively. The problem with task forces is that the rule of law is sometimes not used correctly or viably. This means that taskforces does not in some circumstances meet community standards as justice may not have been achieved. Taskforces are a moderately effective legal response as in many ways there quick responsiveness and focus on specific groups helps to achieve justice although the accessibility to warrants and telecommunication inceptions can in many ways violate people’s rights. Group 4 An example of a legal response which has been fundamental to combating issues in regards to OMCGs has been the criminalisation of these clubs. This has meant that a new approach has been taken where new laws have targeted OMCG rather than the individual crimes committed, and criminalises various forms of association with these clubs. However, this has allowed many questions to be posed in regards to determining and defining an organisation, the levels of criminal activity and involvement with such groups. An example of the application of the introduction of anti-bikie gang legislation is the NSW Crimes (Criminal Organisations Control) Act 2009, which implemented the issuing of control orders which were primarily used to keep affected members of a declared organisation separate and minimise contact between them. These laws have been deemed ineffective as it is classified as a breach of the rule of law and affects a fundamental freedom to associate by introducing laws of guilt by association. The laws also have received criticism in regards to procedural fairness as groups/ individuals no chance to respond to charge of criminal. On the other hand these laws are enforceable as they are supported by legal processes and institutions and through responding to societies needs have been able to meet community standards. In response to OMCGs these laws can be deemed somewhat effective however also contain a great amount of room for improvement. Group 5 Laws targeting specific crimes play a vital role as a legal response to OMCGs. These laws prosecute individuals and utilise existing laws which is seen through the NSW Crimes Act, 2009 which was updated after a bikie member was bashed to death at Sydney Airport by other rival gangs. This act thus prohibited members from recruiting other individual members to become members of the declared organisation. These laws however are only effective to an extent as they discourage the growth of bikie gangs and show that the rule of law has been applied with the enforceability of having a maximum 5 year penalty. Although they only deal with an individual once a specific case has come to trial and does not deal with the widespread of OMCGs, showing that the responsiveness is limited. This case by case approach is ineffective in terms of resource efficiency as well as the investigation requires time and may be prolonged. This leads to conviction of the individual having limited impact on the criminal activities of the group. This suggests that the usefulness of legislation needs to constantly be reformed and updated to meet the needs of society so that justice is served. Group 6 Another non legal response to OMCGs is the formation of political parties. A political party will adopt laws which they believe will voice the public’s opinion in order to gain votes and thus pass the law. An example of a political party is the development of the F.R.E.E Australia Party that was established in oppose to the Serious Organised Crime (Control) Act 2008. This non legal response meets society’s needs as it looks to expel the bikers from society. The application of the rule of law states that nobody is above the law, however, the bikie gangs believe they are not part of society and therefore exclude themselves from this law. Political parties are relatively ineffective as even if they get voted in they still have to pass the law through parliament. Red – Response (Remedies) Yellow – examples Green – judgement Blue – effectiveness criteria Pink – link to question