Law and Police Powers

Paper Summary:

This paper discusses the role of the Australian police force and its power to operate within the law. The paper reports that Police officers, under the 'Police Powers and Responsibilities Act 2000', have become public officials. The paper further reports a rise in the number of people seeking assistance with public nuisance offenses, which are mostly are based on trivial factual scenarios. The paper goes on to explain that these offenses are arising not because of complaints from other citizens, but because the person's conduct is being interpreted by police as 'likely to interfere' with other people's enjoyment of a public space.

Outline:
Police Control and Power as a Subject of Controversy
Other Nations Struggle with the Problem of Broadened Police Power
How are the Laws Enforced?
Conclusion

From the Paper:

"In other lands, the controversy over police powers has come up from time to time. Sometimes the public is quick to set matters straight and put only reasonable powers into the hands of the police. In most nations, police powers include licensing, inspection, zoning, safety regulations (which cover a lot of territory), quarantines, and working conditions as well as law enforcement under the realm of police enforcement. In short, police powers are the basis of a host of state regulatory statutes. "
"In the United States, citizens take a dim view of unbridled police powers. They were quite condemnatory of Samuel A. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in many cases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according to 400 pages of documents released in November of 2005 by the U.S. Justice Department. For instance, while working in the Office of Legal Counsel from 1985 to 1987, Alito wrote an opinion allowing the Internal Revenue Service to secretly record conversations with taxpayers who were under investigation. "

Sample of Sources Used:

• Elisa Arcioni. "Before the High Court." The Sydney Law Review 379. 2003.
• Nick Christie, "Queensland police 'move-on' powers are over the top." On-Line Opinion: Australia's e-journal of social and political debate. 1 Nov 2006. <http://www.onlineopinion.com.au/view.asp?article=5051>.
• Mark Clark. "Organised crime: redefined for social policy." Journal of Police Science & Management Vol 7, No. 2.
• Sandra Egger "Review Essay: Criminal justice policy in late modernity: The significance of local experiences in global trends. Melbourne University Law Review., Dec., 2004.
• Jason Gregory, "Courts 'soft on drug users." The Courier Mail. February 26, 2007.

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