EXAM

Question 2

what are the principles of justice

Answer 2

fairness, equality, access

Question 3

what is fairness? what are some synonyms?

Answer 3

all people can participate in the justice system and its processes are impartial and open - impartial= non bias and open= scrutiny and transparency

Question 4

what is equality? what are some synonyms?

Answer 4

everyone is treated the same and if disadvantaged adequate measures are used- same treatment is formal equality different treatment is sustentative equality

Question 5

what is access? give some examples

Answer 5

everyone can use the legal system on an informed basis e.g. physical barriers, language barriers, education, disability, money

Question 6

what are the characteristics of a good law

Answer 6

reflects values, enforceable, known, clear and understandable, stable

Question 7

reflects society’s values and example

Answer 7

a law should be in line with society’s values so members are inclined to follow e.g. gay marriage laws

Question 8

enforceable and example

Answer 8

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

Question 9

known and example

Answer 9

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

Question 10

clear and understandable and example

Answer 10

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

Question 11

stable definition

Answer 11

laws must not be subject to frequent change it creates confusion as it is not consistent

Question 12

what are the branches of parliment

Answer 12

the king, the house of reps, the senate

Question 13

what are the branches of victorian parliament

Answer 13

kings rep, legislatove assembaly, legiaslative coucil

Question 14

what is civil law

Answer 14

law that regulates disputed between individuals and groups to enforce rights and remedy harm

Question 15

social cohesion

Answer 15

creates an environment where eveyone feels safe and prevents major crimes ( functioning and productive society where everyones rights are protected)

Question 16

protecting individual

Answer 16

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

Question 17

the role of inividuals

Answer 17

it is expected that individuals understand the laws that impact them and they follow all laws. they are also expectedto help police in investigations

Question 18

what is a crime

Answer 18

when someone commits an action that breaks an existing law, that is harmful to society and is punishable by law

Question 19

what are thr puroses of criminal aw

Answer 19

protecting individuals, protecting property, protecting society, protecting justice

Question 20

why do we have trict liability offences

Answer 20

regulatory and usually summary offences that are high in volume.
their purpose is to deter promoting comunity safety and reduce time for processing.

Question 21

what are the elements of murder

Answer 21

committed act whic caused death, act was voluntary, intention to kill or seriously injure, knew death or injury was a probablility no lawful justification

Question 22

what are elements of manslaughter

Answer 22

1- an unlawful act- committing another crime
2- dangerous act - acting dangerously/recklessly
3- caused death

Question 23

what are the defenses

Answer 23

self defence, mental impairment, duress, emergency, automatism, accident, intoxication.

Question 24

what is self defense

Answer 24

actions were necessary to protect and defend themselves,
actions were a reasonable response

Question 25

what is mental imparment

Answer 25

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

Question 26

what is duress

Answer 26

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

Question 27

what is sudden or extraordinary emergency

Answer 27

there was a sudden or extraordinary emergency - reasonable way of dealing woth the situation - reasonable respinse to situation

Question 28

what is automatism

Answer 28

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

Question 29

what is an accident

Answer 29

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

Question 30

what is intoxication

Answer 30

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

Question 31

what is doli incapax

Answer 31

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.

Question 32

what are the strengths of the jury system

Answer 32

-independant and impartial -community is involved -can't do their own investigation -spreads responsibility -reflects community valuyes

Question 33

what are the weaknesses

Answer 33

- 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