EXAM Flashcards
Whats a delegated body
its an authority or agency given power by parliment to enforce laws
Examples of delegated bodies
Vic Roads
Work cover authority
Consumer Affairs victoria
Give an example of a commonwealth delegated body
- australian tax office (ATO)
- australian competition and consumer commission
What does distinguish mean
to explain how concept’s are different, use words such as”compared to, whereas, however, on the other hand”
Distinguish between institutional rights and individual rights in arrest
institutions are able to arrest someone without a warrant , and ensure the safety of the offender whereas the individual has the right to a trial without reasonable delay and the right to remain silent
What are the rights of inividuals in questioning
the individual has the right to silence, the individual must be informed of their ability to contact a friend family or lawyer
What are the rights of institutions in court proceedings
police are able to prosecute minor offences, the police are able to provide the prosecution with information and evidence for indictable offences
What is the purpose of sanctions?
to punish, protect, deter, denounce and rehabilitate the offender
What are the purposes of a court heirarchy?
precedent, administrative convienience, appeal and expertise
Role of a jury
- to deliver a guilty or not guilty verdict,
- to be objective and decide on guilt based on the facts, - listen to evidence in the case,
- listen to directions from the judge
What are the weaknesses of a jury
some cases are considered hard for a normal person to understand. jury members might contain unconscios bias towards a topic, mot al members of society ar able to participate
What are the strengths of a jury
independent and impartial, it allows for community involvement and reflection of community values, ensures fairness by requiring members to base verdict on evidence and facts
Who is non eligible for jury duty
people who have worked for the police in the last ten years, physically disabled people, people who are unable to understand and communicate in english
Describe a mitgating factor
a factor about the offender which might lead the judge into giving a lower sentence
Describe an aggravating factor
a factor about the offender which might lead the judge into giving them an increased sentence
Describe the types of sanctions
sanctions can range from monetary fines, where a person is charged a set sum of money to repay the costs, a CCO where the person is required to do check in and cant leave the state without permission and imprisonment in a confined faciliyt, where movement of the offender is limited
What is the purpose of the koori court
the koori court aims to be informal, reprsent first nations peoples and increase first nation peoples participation
Who is eligible to go to the koori courts
offenders who have plead guilty, first nations peoples, the offence must be within the jurisdiction of the Koori court, the offence can not be a sexual or murder offence.
When asked to describe the facts of a case, what do you include
the victims, the dates of the offence and trial, and the final verdict and sentence
What is the jurisdiction of a court
jurisdiction of the courts is the legal territory of which they can hear the trial for
Whats the benefit of the Koori courts
It allows for an engaging, inclusive and less formal justice process
What is meant when asked “discuss the extent of”
To describe the degree or level to which a statement, opinion or contention is correct or valid. To discuss the way it does achieve something, and the way it doesn’t achieve something.
What are the roles of a jury (4)
to deliver a final verdict, to listen to evidence provided, to listen to orders made by the judges, to be impartial and unbiased in their verdict
What are some Australian delegated bodies
Vic Roads, Vic WorkCover authority, environment protection authority
What are the elements of murder
The victim is killed, the accused caused the death of the victim, the accused acted voluntarily, the killing was unlawful
Reasons for the court hierarchy
for expertise, it allows administrative convenience, it allows for appeal and precedent
Describe imprisonment
a sanction that involves
removing the offender
from society for a stated
period of time and
placing them in confined facility with limited movement and free will
Types of sanctions
monetary/fines, CCO, and imprisonment
Whats the definition of a crime
An act or omission that is against an existing law, harmful to an individual or society and is punishable by law
How is the presumption of innocence upheld?
by using a prosecutor, having the standard of proof, ability to apply for bail, the accused is given legal representation
When asked to discuss the extent
you describe how a factor does achieve something and how it doesn’t achieve something
What are the rights of individuals in questioning
The right to silence when being questioned
What’s the jurisdiction of the magistrates court
indictable offences heard summarily, summary offices such as, traffic, drink driving, property damage, small theft
What’s the jurisdiction of the county court
appeal and indictable offences except murder and treason, eg. culpable driving
What’s the jurisdiction of the supreme court trial division
they hear indictable offences such as murder
How is presumption of innocence upheld by using the standard of proof
the standard of proof in a criminal case must be beyond reasonable, which means the prosecutor has to have sufficient evidence to prosecute the accused. There is a high standard of proof to come to a guilty verdict
How is presumption of innocence upheld by using bail
a person is allowed bail, which indicates that they are still assumed innocent and are allowed to be in society
How is presumption of innocence upheld by using a legal representative
the accused is allowed a lawyer to fight against the prosecution and to allow for the accused to be proven innocent
How is presumption of innocence upheld by allowing the right to silence
the accused does not need to answer any questions, to prevent self incrimination, the accused doesn
How is presumption of innocence upheld by allowing for appeal
it allows for the accused to get a fair trial if they believe there was an error in the past verdict or sentencing
How is presumption of innocence upheld by being arrested by the police
the accused is only arrested after sufficient evidence is collected by the police. the police must have reasonable belief
What are the 4 elements of murder
- the killing was unlawful
- the accused acted voluntarily
- the accused commited acts that caused the death
- the accused had the intent to kill
what is the relationship between courts and parliment (4 features)
statutory interpretation, codification, abrogation, courts ability to influence parliament
Describe the feature of codification between courts and parliment
as the parlimanet has higher authority over courts, if the courst make a law, the parliament can write legislation confimring that law
Describe the feature of abrogation between courts and parliment
if the courts make a law which the parliament doesnt see fit, they have the authority to abolish or cancel that law.
Describe the feature of statutory interpretation between courts and parliament
the courts is able to define a law made by parliament, the judge uses a dictionary to look up words int he dictionary and give meaning to words.
Describe the feature of courts ability to influence parliament, between parliament and the courts
the courts are able to advise or present a law that should be created o the members of parliament for them to legislate. this is good as parliament is able to investigate when making new laws, which puts them in a better position when making laws
What is the main roles of courts
courts are used to decide innocence and provide a sentence.
What is the main roles of parliament
to create laws
Distinguish between common law and statute law
common law is a law that is made in the courts by a judge which can be written as Goldsworthy V Goldsworthy whereas a statute law is a parliament made law which looks like weapons act (2008).
Explain what is binding precedent
binding precedent is the obligation of the lower is precedent to follow rules made by
What is persuasive precedent
is a law that doesn’t have to be followed by the lower courts
What is the definition of social cohesion
the willingness of members of society to cooperate with eachother in order to survive and prosper
Distinguish between rules and laws
rules are made by individuals or groups which are applied to people of that group and is not enforced by the legal system in contrast to this laws are made by law making bodies such as courts and parliament where they apply to everyone and are enforced by the legal system
What are the roles of the legal system
- make the laws
- enforce the law
- put the laws into practise
Give some examples of summary offences
shop lifting, littering, driving offences
Give some examples of indictable offences
murder, arson, assault
List the court hierarchy from top to bottom
- high court
- supreme court appeal division
- supreme court trial division
- county court
- magistrates court
Who are the parties in criminal law
offender, accused, lawyers(also the prosecutuoion
Whats the definition of a crime
An act or omission that is harmful to an individual or society, which goes against an existing law and is enforced
How is a principle of fairness achieved give an example
the trial and final verdict is to be decided by an impartial and unbiased party.
How is a principle of access achieved give an example
- having the ability to research the different legal courts and about the legal system.
- giving the accused an interpreter to help with understanding the legal system
What are some chracterstics of an effective law (5)
The law is known, is enforced, is accepted by the society, is clear and is stable
What are the stages a bill has to pass before becoming an act of parliament
The bill has to be approved by lower and upper house before receiving royal assent
What are the reasons of a court hierarchy
appeal, specialisation, precedent, administrative connivence
What is strict liability
an accused does not need to be proven of a having mens rea thereofre
What is the age of criminal responsibility
the minimum age of which a person can be charged with committing a crime
What is doli incapax
the inability to commit evil
Distinguish between a charge and a conviction
Being charged with a crime is only an accusation imposed by the prosecution, and the accused is presumed innocent until proven guilty (without a trial yet), whereas a conviction is where the offender is found or has plead guilty after a trial.
what is the accessory offender in a crime
the accessory offender helps the principle offender avoid arrest, prosecution and conviction
what is a CCO sanction
Community corrections order where the offender gives back to the community by volunteer work which is unpaid, picking up litter and house arrest
what is social cohesion
the social cohesion of the society members, which allows society to prosper free of crime
what is recidivism
the tendency of a convicted offender to reoffend
what is a strength of parliament in making laws
they are able to research before making a law, they have the power to officiate common laws
