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Australian Politics and Policy - Senior, 2019a

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‘Law <strong>and</strong> order’ policy<br />

stories featuring horrific <strong>and</strong> extraordinary incidences of crime. Crime stories are<br />

designed to capture the public’s interest <strong>and</strong> intensify public discussion on the issue<br />

in question, often by eliciting feelings of fear <strong>and</strong> insecurity or creating moral panic<br />

within society. 2<br />

Hogg <strong>and</strong> Brown 3 thematically summarised the ‘common sense’ assumptions<br />

about crime that underpin the beliefs held by a significant proportion of the<br />

<strong>Australian</strong> population. These ‘common sense’ assumptions still ring true in modern<br />

society. Their essence is epitomised by the following commonly held views:<br />

• crime rates are at an all-time high – we currently live in a society characterised<br />

byunprecedentedlevelsofcrime<br />

• more police officers with more police powers <strong>and</strong> tougher penalties on<br />

offenders are needed to combat the crime problem.<br />

Popular misconceptions of the current ‘crime epidemic’ <strong>and</strong> need for harsh crime<br />

control <strong>and</strong> punishment have been largely disseminated in the public domain by<br />

news media, politicians <strong>and</strong> other influential figures. 4 A fearful public dem<strong>and</strong>s or<br />

requiresgovernmentstotakelaw<strong>and</strong>orderpolicyseriously–orsowearetold.<br />

What’s at stake?<br />

There is a lot at stake in the context of law <strong>and</strong> order policy making. Those who<br />

come into contact with the criminal justice system can lose their liberty (through<br />

imprisonment), their ability to move freely (through place restrictions <strong>and</strong><br />

conditions attached to various sanctions) <strong>and</strong> their ability to work in particular<br />

industries (e.g. an individual may not be allowed to work for a fire service if they<br />

have been convicted of arson), not to mention the impact on victims of crime. Some<br />

of the additional human <strong>and</strong> financial costs are considered here.<br />

Human costs<br />

Law <strong>and</strong> order policy has significant ramifications for those entangled in the<br />

criminal justice system. Below are some examples of the ways in which law <strong>and</strong><br />

order policy can impact lives:<br />

• exp<strong>and</strong>ed police powers <strong>and</strong> ‘zero tolerance policing’ result in greater numbers<br />

of people being searched, fined <strong>and</strong> charged, often for minor offences<br />

• the use of electronic monitoring <strong>and</strong> urinalysis in the supervision of<br />

community-based offenders means that people are being tracked <strong>and</strong> surveilled<br />

in increasingly intense ways<br />

2 Lee 2007.<br />

3 Hogg <strong>and</strong> Brown 1998.<br />

4 Hogg <strong>and</strong> Brown 1998.<br />

649

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