EXAM Flashcards
what are the principles of justice
fairness, equality, access
what is fairness? what are some synonyms?
all people can participate in the justice system and its processes are impartial and open - impartial= non bias and open= scrutiny and transparency
what is equality? what are some synonyms?
everyone is treated the same and if disadvantaged adequate measures are used- same treatment is formal equality different treatment is sustentative equality
what is access? give some examples
everyone can use the legal system on an informed basis e.g. physical barriers, language barriers, education, disability, money
what are the characteristics of a good law
reflects values, enforceable, known, clear and understandable, stable
reflects society’s values and example
a law should be in line with society’s values so members are inclined to follow e.g. gay marriage laws
enforceable and example
a law that is punishable in practise and theory. police should be able to catch the people in the act and charge them e.g. jay walking
known and example
the public is aware of the laws that impact their everyday lives. law makers job to make public aware of new laws e.g. wedding law
clear and understandable and example
by written so public can understand and the reason is made clear. if it does not make sense people are less likely to follow it e.g. queensland abortion laws
stable definition
laws must not be subject to frequent change it creates confusion as it is not consistent
what are the branches of parliment
the king, the house of reps, the senate
what are the branches of victorian parliament
kings rep, legislatove assembaly, legiaslative coucil
what is civil law
law that regulates disputed between individuals and groups to enforce rights and remedy harm
social cohesion
creates an environment where eveyone feels safe and prevents major crimes ( functioning and productive society where everyones rights are protected)
protecting individual
laws can slow down the rates of crime and criminal behaviour especially through the promise of punishment or consequence which leads to safer communities and individuals
the role of inividuals
it is expected that individuals understand the laws that impact them and they follow all laws. they are also expectedto help police in investigations
what is a crime
when someone commits an action that breaks an existing law, that is harmful to society and is punishable by law
what are thr puroses of criminal aw
protecting individuals, protecting property, protecting society, protecting justice
why do we have trict liability offences
regulatory and usually summary offences that are high in volume.
their purpose is to deter promoting comunity safety and reduce time for processing.
what are the elements of murder
committed act whic caused death, act was voluntary, intention to kill or seriously injure, knew death or injury was a probablility no lawful justification
what are elements of manslaughter
1- an unlawful act- committing another crime
2- dangerous act - acting dangerously/recklessly
3- caused death
what are the defenses
self defence, mental impairment, duress, emergency, automatism, accident, intoxication.
what is self defense
actions were necessary to protect and defend themselves,
actions were a reasonable response
what is mental imparment
is accused was suffering from menatl illness, little understanding of the nature and quality of actons- did not know conduct was wrong or could not reason or think about actions like and ordinary person
what is duress
had reasonable belief that
-a threat of harm existed
- a threat would have been carried out unless offence was committed
- only reasonable way to avoid threat
- conduct was a reasonable response to threat
what is sudden or extraordinary emergency
there was a sudden or extraordinary emergency
- reasonable way of dealing woth the situation
- reasonable respinse to situation
what is automatism
a total loss of control over bodily movement could not form mens rea
- sleeping/sleepwalking
-suffering concussion
- epileptic seizure
- side effect of proper use of medicine
what is an accident
prosecution must prove the accused’s actions were deliberate and intentional. if actions were involuntary, unintentional or unforseeable by an ordinary person the accused can raise accident
what is intoxication
if actions were involuntary due to intoxication due to drugs, alcohol, another substance. accused must however prove that intoxication was not self-induced - involuntary due to fraud, reasonable mistake, force or proper use of prescription
what is doli incapax
a child is considered incapable of comitting an action with criminal intent. - factors in childs age upbringing history what they said and did before and after and medical and psychological assessments to determine moral and intellectual capacity.
what are the strengths of the jury system
-independant and impartial
-community is involved
-can’t do their own investigation
-spreads responsibility
-reflects community valuyes
what are the weaknesses
- no reason for verdict
- complicated evidence that jurors may not understand
- delays as legal term may have to be explained and if jury is hung there may be a retrial
- unconscious biases
- not all community members can serve
