Sunday, 4 January 2015

We Were A Penal Colony - Doesn't Mean We Have To Tolerate Crims

After reading the well written article from former New South Wales Police Detective Tim Priest, who worked the drug ridden, predominantly Asian, suburb of Cabramatta in Sydney - The Rise Of Middle Eastern Crime In Australia. In simple terms, it is a thought provoking and interesting reading from one of those working knee deep in the shit of the front-line.

This also come on the heels of the Martin Place siege, where a lone individual held 17 people hostage for the best part of a day, in which two people perished and the gunman got put down like the rabid dog he was known to be.

Australia has seen ever increasing levels of violence and crime perpetrated by either individuals, organised crime outfits, gangs and or those of non-Australian birth claiming citizenship, refugee or politically oppressed status. At the forefront of those committing the crimes, that concern us as a nation, are people of either Middle Eastern, Asian or Pacific Islander direct descent or heritage i.e. second generation and are over-powering law abiding citizens with shear numbers and the brutality of their attacks. To put it simply - people are scared or are living in fear - which includes law enforcement.

The rise of such crimes and the groups perpetrating such crimes has increased exponentially with the advent of such terms "robust multi-culturalism", "targeted immigration" and "skilled migration".

As the referenced article and most of the silent majority of Australian are fully aware in this "Politically Correct" new world we are struggling with, we are more worried about being branded 'racist' than meeting the challenges head on and nipping it in the bud when we can.

I for one do not want a Orwellian "Police State", nor do I like the "Nanny Country" we've become - but that is a different matter for discussion at another time, but give the authorities the tools to do their job, but more importantly, let them do their job without political or do-gooder interference.

What I propose is not the enacting of more laws (or stiffer sentencing, as that has little or no deterrent effect) that those trying to apply said laws have neither the means, resources, or time to enforce - rather lets use the laws we have now and heed a few lessons learnt by other nations like us who subscribe to the rule of law and established democracy. 

My proposal is one based on my experience living in the US and includes the use of exisiting Immigration laws of both Australia and the US. Yes, I know some people are firmly on the "bag the shit out of the USA" band wagon, but I have lived there and I feel that experience is the best teacher.

With relevance to this particualr discussion, during my 13 years in the US, I kept one distinct piece of Immigration information in the back of my head, but first let me give you a bit of background - 

One of the last things you want to do if you are in the United States on a visa or green card is commit a felony. Immigration officials may deport you or downgrade your status on the basis of a felony or even a non-felony conviction, depending on your current status, the type of offense, and the specific facts surrounding your case.
Moreover, convictions for crimes involving "moral turpitude" or those labeled "aggravated felonies" carry harsh consequences for non-citizens. A non-citizen who commits an aggravated felony or a crime involving moral turpitude is generally ineligible for relief from deportation and often will be barred from reentering the U.S. in the future.

Aggravated Felony

For immigration purposes, the term aggravated felony includes some offenses that are considered misdemeanors in state or federal courts, or in some cases conduct that is not even criminalized. In other words, it is a category unique to immigration law encompassing a wide variety of acts considered removable offenses by Congress.
Initially enacted in 1988, aggravated felony was limited to serious crimes such as murder, federal drug trafficking, and the illicit trafficking of firearms and incendiary devices. Since then, Congress had added a number of offenses to the list, including (but not limited to) the following:

  • murder
  • rape
  • sexual abuse of a minor (which can include statutory rape)
  • drug trafficking, manufacture or supply
  • trafficking in firearms or destructive devices
  • various other offenses concerning firearms or explosive materials
  • racketeering
  • money laundering of more than $10,000
  • fraud or tax evasion involving more than $10,000
  • theft or violent crime with a sentence order of at least one year
  • perjury with a sentence of at least one year
  • kidnapping
  • child pornography
  • trafficking in persons or running a prostitution business
  • spying, treason, or sabotage
  • commercial bribery, counterfeiting, forgery, or trafficking in vehicles
  • failure to appear in court on a felony charge for which a sentence of two years in prison may be imposed
  • alien smuggling, and
  • obstruction of justice, perjury, or bribery of a witness, if the term of imprisonment was at least one year.
  • Even if an offense was added to the list of aggravated felonies after a foreign national has been convicted, the individual immediately becomes deportable (unless Congress specifically states otherwise).
    Primarily the rule of thumb was that if convicted of a crime punishable by a prison sentence of over 12 months in State or Federal corrections facility, then that is also considered an "Aggravated Felony". Bear in mind, you can only be sentenced to a County jail for a term not exceeding 1 year in most jurisdictions.

    One of the easiest ways to be convicted of a "Aggravated Felony" is to drink drive - in a lot of jurisdictions, being twice the legal limit or refusing to provide a breath specimen is an automatic charge of Aggravated Felony DUI" - but I digress, back to my point.

    Australian Citizen ship or Visa entry has some similar expectations as those of the US in that we have the Australian Values Statement- which states the following:

     I understand:
    • Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good
    • Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background
    • the English language, as the national language, is an important unifying element of Australian society.
    I undertake to respect these values of Australian society during my stay in Australia and to obey the laws of Australia.

    I understand that, if I should seek to become an Australian citizen:
    • Australian citizenship is a shared identity, a common bond which unites all Australians while respecting their diversity
    • Australian citizenship involves reciprocal rights and responsibilities. The responsibilities of Australian Citizenship include obeying Australian laws, including those relating to voting at elections and serving on a jury.
    If I meet the legal qualifications for becoming an Australian citizen and my application is approved I understand that I would have to pledge my loyalty to Australia and its people.

    Now for me, the last bullet point that mentions "The responsibilities of Australian Citizenship include obeying Australian laws" is the one that our political, judicial and citizens should take notice of.

    If said citizen or aspiring citizen choose not (a) follow the rules and (b) get convicted of any crime punishable by a sentence exceeding 12 months in prison, then you have just earned yourself "a window seat", to use mining industry parlance - you're out of here, onya bike, thanks for shopping, game over. 

    As part of that, I would also like to see Australia stand up to those parties who have signed Extradition Treaties with our country and say unequivocally to them that after 12 months of Australian incarceration of your citizen, we reserve the right to ship them back for you to house in your correctional facilities, for the remainder of their prison sentence - rather than them being a burden on our taxation system. Similarly, we will seize and/or sell the convicted party's assets in order to pay for their Australian incarceration and deportation expenses incurred.

    As with any democratic nation, there will be an appeals process. But as said citizen or aspiring citizen's conviction shows that you may not be a "Fit & Proper Person" for Australian residence, you will have to apply from your original country of residence or where you are deported to, lest you be a burden on the Australian tax payer and it's generosity.

    In closing, the deterrent here is not the potential incarceration, as most of the shit heads don't give a fig about the law and openly flaunt the fact. More over it is the the very real possibility that we as a nation, will not put up with your shit and send you back to whence you came. You've told us that that is obviously more difficult place for you to live and by judging that you moved here ... then we wish you well in your return.

    As with all my posts, they are for public comment and in no way are to be used or to be seen as racist, sexist or inciting illegal activities.