Criminal Justice History Flashcards
Identify the role of law enforcement in the criminal justice system.
law enforcement role is perhaps the most distinguishing feature of police work. While theoretically all citizens can enforce the law, in reality, police are the ones given special powers by society to be full time law enforcers. When police utilise their law enforcement powers they initiate a process which can result in an individual progressing through the entire criminal justice system.
What year did the English arrive and establish a legal system in Australia?
- They brought Common and Statute Law.
How did English society conduct the law prior to 1066?
It had more of a clustered and scattered understanding of law, due to the different villages that were scattered throughout. Justice was administered on a local level according to ‘Customary law’. Each village would conduct trials, creating different jurisdictions of local customs and traditions.
what was the context of English criminal law when Australia was colonised in 1788?
1700s were a period of social and economic upheaval, largely due to the industrial revolution and the resulting transition from the agrarian-based economy to an industrial-based economy.
Describe Australian Law prior to 1788 and what system was in place?
Aboriginal and Torres Strait Islander customary law. This law was based on tradition, ritual and an accepted mode of conduct.
Describe the Australian Courts Act and what year did it pass?
In 1828, the Australian Courts Act was passed which provided that all laws and statutes in force in England (so far as they were applicable) should be applied to the courts of NSW.
What law gave colonies legislative independence and the year is came to pass?
1865 with the passing of the Colonial Laws Validity Act which gave the colonial parliaments power to override English statutes.
Describe the Federation Legal System and what date did it come to pass?
1st January, 1901. The Commonwealth of Australia Constitution Act 1900 (UK) was passed by the British parliament, creating the Commonwealth of Australia. The Constitution also created a federal parliament – effectively a new law-making body – and allowed for the establishment of federal courts. Consequently, Federation redefined the structure of Australia’s legal system and government.
