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JSB284 Lecture Notes - Week 12.docx

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Queensland University of Technology

JSB284 Lecture Week Twelve Notes Transnational Crime and Terrorism Overview  Define transnational organised crime.  Examine current policing approaches to transnational organised crime.  Details Australian responses.  Details international responses.  Examines challenges involved in policing this type of crime.  Puts forwards the key factors for success. Traditional Police Responses  Current police responses are based on several core foundations:  Legislation.  Geography.  Jurisdiction.  Organised crime challenged these notions.  It is evolving faster than legislation.  May crimes are committed in cyberspace.  Multiple jurisdictions may be involved. Criminals have the advantage…  There is a use of up-to-date sophisticated technology.  Exploitation of geographical and jurisdictional restrictions on law enforcement.  Adaptive and flexible to required change.  Not restricted by policy and procedures.  Enforcement is not impossible but there are definitely major challenges. What is transnational crime?  Criminal activity which takes place across international borders, which may include: organised crime, white- collar crime, offences involving works of art or other cultural property, drug trafficking, violent crime, fraud, terrorism, arms smuggling and/or illegal migration.  Transnational crimes have a global dimension to them, meaning that individuals who commit the crimes operate across borders in one or more countries (Davies, 2009, 176) . Legislative Basis  Australian Crime Commission Act 2002 (Cth) s4: Serious and organised crime means an offence  Involves two or more offenders and substantial planning and organisation.  Involves sophisticated methods and techniques.  Is usually committed with offences of a like kind.  Involves theft, fraud, tax evasion, money laundering, currency violations, illegal drug dealings, illegal gambling, obtaining financial benefit by vice engaged in by others, extortion, violence, bribery or corruption, perverting the course of justice, bankruptcy and company violations, harbouring of criminals, forging of passports, firearms, armament dealings, illegal importation or exportation of fauna into or out of Australia, cybercrime or matters of the same general nature as one of more of the matters listed above. Characteristics of Transnational Crime Groups  Are based in one state.  Commit their crimes in one but usually several host countries, whose market conditions are favorable.  Conduct illicit activities affording low risk of apprehension (Shelley in Broome, 2000). Australian Reponses  State responses.  Counter terrorism units in police agencies.  Federal responses.  Australian Federal Police (AFP).  Australian Crime Commission (ex National Crime Authority) .  Australian High Tech Crime Centre.  Australian Security Intelligence Organisation (ASIO).  Australian Transaction Reports and Analysis Centre (AUSTRAC).  CrimTrac.  Australian Customs. International Reponses  National responses to transnational organized crime and terrorism are inadequate - these are global issues.  “Global governance has failed to keep pace with economic globalization” (United Nations).  Variation in how each country tackles transnational organized crime and terrorism.  Best chance is for cooperation and closing of loopholes. Current International Reponses  Formal and informal responses.  Informal responses  Cooperation within broader frameworks.  Liaison networks (e.g. AFP).  Formal responses  International bodies.  Conventions and other international instruments. International Instruments  Also known as ‘Conventions’, ‘Treaties’, and ‘Protocols’.  Formally signed and ratified international agreements.  May deal with issues of substance or procedure.  May be bilateral or multi-lateral. Early International Reponses  Traditionally, crime was regarded as a local or national issue.  International law has always guarded State sovereignty jealously.  One State does not have the right to interfere in another State’s territory or affairs.  Informal cooperation in law enforcement began in the 17th/18th century.  Early international concerns: piracy, the slave trade, smuggling, cross-border bandit activities.  Extradition is an example of an early international response.  Extradition is the process whereby a person charged with an offence is returned to a jurisdiction for trial.  Initially dealt with on case-by-case basis.  Bilateral extradition treaties began to emerge in the 1880s.  First multilateral agreement in the 1930s. Lessons Learnt from History  National interests often supersede international issues.  States often constrained by political agendas.  Often the need to define crimes has impaired discussions.  Where cooperation has occurred, it is generally at the operational level, minimising political sensibilities.  Many issues are driven by current events & this dissipates over time.  E.g. anarchists in the early 20th century; airplane hijackings in the 1960s; Al Qaeda attacks of 11 Sept 2001. Current International Instruments  There are five main United Nations C
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