Glossary Terms

Question 1

Social cohesion

Answer 1

the willingness of the members of a society to collaborate to ensure the safety and wellbeing of others. Social cohesion recognizes that all people have rights and responsibilities and that guidelines must be established to regulate behavior in order to uphold the fundamental principles of justice: fairness, equality and access.

Question 2

Principles of justice

Answer 2

fairness, equality and access. These principles form the basis for assessing whether justice has been achieved in the legal system. The Victorian justice system is composed of a range of legal principles, mechanisms and processes to attempt to uphold these principles.

Question 3

Fairness

Answer 3

Fairness in the legal system centers around the idea that individuals have the right to a fair trial, and all parties receive a fair hearing from a third party. All people can participate in the justice system and its processes should be impartial and open

Question 4

Equality

Answer 4

Equality is the state of being equal, especially in status, rights and/or opportunities, and there is no discrimination based on race, gender or religion. Regarding legal system- idea that all people are treated same before the law, with equal opportunity to present their case.

Question 5

Access

Answer 5

The ability to approach or make use of something
Access to the legal system is an individual’s understanding of their legal rights and ability to pursue their case

Question 6

Parliament

Answer 6

Parliament is a legislative body, comprised of elected representatives, that is primarily concerned with creating the laws of the society it represents. Parliament is the supreme law-making body in the Australian legal system, and courts have the responsibility of interpreting and upholding the laws made by Parliament.

Question 7

courts

Answer 7

Courts are legal institutions concerned with the interpretation and application of laws, in order to make legal decisions involving crimes or legal disputes. The main role of courts is to uphold social cohesion by determining criminal cases and civil disputes between parties.

Question 8

common law

Answer 8

Common law is the body of law that is derived from judicial reasoning and decisions in past cases. Common law is created where a legal issue arises and there is no existing law, and the facts of the case are different to any previous cases. In these cases, the court creates a new principle of law (common law) to resolve the issue, which will then be followed in future cases of a similar nature.

Question 9

Statute law

Answer 9

Statute law is the body of law that comprises laws made by parliament also known as legislation. In order for a proposed law to come into effect, it must receive approval from a majority of the members in both Houses of Parliament and then receive final approval from the King’s representative (known as the Governor at State level, and the Governor-General at Commonwealth level).

Question 10

court hierarchy

Answer 10

Court hierarchy is the arrangement of courts in order of superiority. The High Court of Australia is the most superior court in Australia that hears matters of federal significance and appeals from federal, state and territory courts.

Question 11

Criminal law

Answer 11

Criminal law is an area of law that aims to protect society from harm by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct. Most crimes in Victoria are set out in the Crimes Act 1958 (Vic) and include acts such as assault and murder.

Question 12

civil law

Answer 12

Civil law governs disputes relating to the rights of two parties (which can be individuals, or organisations), and aims to restore parties to the position they were in before their rights were infringed and they suffered injury or loss. Claims in civil law can include negligence and defamation and enable the party whose rights have been infringed to seek compensation for their loss or injury.

Question 13

Indictable offences

Answer 13

Indictable offences are criminal offences that are serious in nature and are generally heard by a judge and jury in the County or Supreme Court. Indictable offences are normally heard by a judge and jury in the County or Supreme Court, although judge-only trials can occur. Examples of indictable offences include rape, murder and theft.

Question 14

Police

Answer 14

Police is the institution that has a duty to protect the community in order to promote a safe, secure and orderly society by preventing, investigating and prosecuting crimes. If an individual or group has committed a crime it is the police that enforce the law by ensuring offenders are held accountable for their actions.

Question 15

Delegated bodies

Answer 15

Delegated bodies are specialised government agencies that have been given authority from Parliament to make and enforce laws within their area of specialisation. An example of a delegated body is VicRoads which ensure compliance with certain road and traffic rules by prosecuting traffic related offences.

Question 16

Institutional powers

Answer 16

Institutional powers are the scope that institutions that enforce criminal law such as Victoria Police have to detect and investigate individuals suspected of committing crimes. For example, the police have the power to enter and search any area where they believe on reasonable grounds a person has committed a serious indictable offence, such as murder.

Question 17

Individual rights

Answer 17

Individual rights people have various entitlements that balance and protect them against institutional powers. These rights are essential in preventing possible injustice and corruption that may occur if institutions such as Victoria Police have a disproportionate amount of power.

Question 18

Criminal jurisdictions

Answer 18

Criminal jurisdictions means the powers the individual courts have to hear different types of cases. Criminal courts in Victoria have original jurisdiction which means the authority to hear a case when it is tried for the first time, and appellate jurisdiction which is the court’s ability to hear a case on appeal where one or both parties is seeking to review a previous decision.

Question 19

Define jury

Answer 19

A jury is a panel of 12 randomly selected citizens that are compulsory in the Country and Supreme Court when an accused pleads ‘not guilty’ to an indictable offence. A jury listens to facts and evidence of a case and decides the guilt or innocence of the accused beyond reasonable doubt. They provide an impartial decision-making body and ensure offenders are tried in accordance with community values.

Question 20

Criminal trial

Answer 20

Criminal trial is the government’s opportunity to prosecute and argue its case against an accused and obtain a guilty verdict and the defendant’s conviction. A criminal trial is conducted according to strict rules of evidence and procedure designed to uphold the principles of justice for the parties.

Question 21

Punishment

Answer 21

Punishment the infliction of pain or loss to ensure an offender is adequately penalised and held accountable for their crimes and their impact on victims and society as a whole. As the courts aim to punish offenders appropriately, victims and their families are discouraged from enacting revenge themselves against an offender (taking matters into their own hands).

Question 22

Deterrence

Answer 22

Deterrence is the action of discouraging an offender, or other individuals, from reoffending or committing similar crimes, through the imposition of a criminal sanction. Specific deterrence is where the offender themselves is discouraged from committing offences of the same or similar nature through the imposition of a sanction. General deterrence is whether the broader community are discouraged from committing offences of the same or similar nature to avoid receiving the same sanction as convicted offenders.

Question 23

Denunciation

Answer 23

Denunciation is the act of publicly condemning an offender’s criminal behaviour. Denunciation occurs in a judge’s statement at the end of the hearing or trial, or more specifically during the sentencing hearing.

Question 24

Protection

Answer 24

Protection is the act of ensuring offenders do not pose a significant risk to the welfare and safety of their victims and broader society. The level of protection provided to society should be proportionate to the degree of risk posed by an individual offender, so a court aiming to reinforce protection would impose a period of imprisonment, which removes an offender from society, as opposed to a CCO, where an offender can remain in society.

Question 25

Rehabilitation

Answer 25

Rehabilitation is the act of restoring an offender to normal life as a law-abiding member of the community after they have engaged in criminal activity. Rehabilitation can be achieved by sanctions that seek to break the cycle of offending in order to reduce the rate of recidivism, such as a drug treatment order.

Question 26

Fines

Answer 26

Fines are a sanction that require an offender to make a monetary payment as a penalty for a criminal offence. Fines for offences are expressed in penalty units and one penalty unit is currently equivalent to $192.31.

Question 27

Community Correction Orders

Answer 27

Community Correction Orders are a non-custodial sanction that is served by the offender in the community with certain conditions attached. There are standard conditions such as the fact the offender must not leave Victoria without permission, and optional conditions such as the offender must abide by a curfew.

Question 28

Imprisonment

Answer 28

Imprisonment is a sanction that removes an offender from the community and places them in prison for a given period of time, thus depriving them of their liberty. Specifically there are nine levels of imprisonment ranging from six months at level nine, to life imprisonment at level one.

Question 29

Sentencing

Answer 29

Sentencing is the declaration of a punishment decided for the offender. Judges in Victoria must follow the principles outlined in the Sentencing Act 1991 (Vic) when handing down a sentence in a criminal case, including imposing a sanction in line with the purposes of criminal sanctions stated in the Sentencing Act.

Question 30

Drug Court

Answer 30

Drug Court is a specialised court established to treat and rehabilitate offenders with a substance dependency through imposing a drug and alcohol treatment order. Drug Treatment Orders aim to address the root cause of the offender’s criminal behaviour by treating their substance abuse issues, however, not all offenders will be eligible to have their matter heard in the Drug Court and receive a DTO as a sanction, there are certain criteria that must be met.

Question 31

Koori Courts

Answer 31

Koori Courts are an alternative sentencing court for First Nation offenders who have pleaded guilty to their criminal offence, and were developed to take into account the different cultural values of Aboriginal and Torres Strait Islander peoples. The approach taken by the Koori Court is much less formal than traditional court proceedings and involves Aboriginal and Torres Strait Islander Elders and Respected Persons.

Question 32

Diversion programs

Answer 32

Diversion programs are an alternative to the court system that allow low-level offenders to avoid a criminal record, provided they make amends for their wrongdoing. Some conditions a diversion plan may stipulate include an apology to the victim, rehabilitation through counselling and/or treatment services and undertaking volunteer work in the community.

Question 33

Presumption of innocence

Answer 33

Presumption of innocence is the right for all accused persons to be presumed innocent until it is proven otherwise beyond reasonable doubt. The presumption of innocence helps to uphold fairness as a principle of justice because it means the accused is not required to prove their innocence.

Question 34

Actus Reus

Answer 34

Actus Reus: refers to the physical elements of the crime that must be satisfied in order for an accused person to be found guilty. For example, in murder cases there are three physical actus reus elements: a voluntary act, causation and death.

Question 35

Mens Rea

Answer 35

Mens Rea: means ‘guilty mind’ and forms the mental element of a crime that refers to an offender’s awareness of their criminal behaviour and its potential consequences. For example, in murder cases the specific mens rea required to find someone guilty is malice aforethought.

Question 36

Strict liability

Answer 36

Strict Liability: a type of criminal responsibility that does not require the mens rea element of a crime to be proven for the offender to be found guilty. Strict liability offences are generally summary offences, which are less serious in nature and include not wearing a seatbelt and public transport fare evasion.

Question 37

Age of criminal responsibility

Answer 37

Age of criminal responsibility: the age at which the law considers a child capable of understanding their wrongful actions and therefore the age at which a child can face criminal charges. Children under the age of 10 cannot be arrested, charged, or found guilty of a crime because they are considered doli incapax meaning ‘incapable of evil’ because they are too young to understand the criminal nature of their actions such that the mens rea element of a crime cannot be satisfied.

Question 38

Burden of proof

Answer 38

Burden of proof: is the responsibility of a party to prove the facts of a case. In a criminal case, the prosecution has the burden of proving that the defendant is guilty of a crime to the criminal standard of proof, ‘beyond reasonable doubt’.

Question 39

Standard of proof

Answer 39

Standard of proof: is the degree to which the facts of a case must be proven in court. The standard of proof applicable in a criminal proceeding is ‘beyond reasonable doubt’ which requires the prosecution to prove there is no reasonable doubt that the accused is guilty of the crime they have been charged with.

Question 40

Crimes against the person

Answer 40

Crimes against the person: are criminal offences where a person is harmed or harm is threatened. Examples of crimes against the person include murder, assault and kidnapping.

Question 41

Crimes against property

Answer 41

Crimes against property: are criminal offences that involve using force or deception to obtain, damage, or destroy property. Examples of crimes against property include burglary, fraud, and arson.

Question 42

Summary offences

Answer 42

Summary offences: are minor criminal offences usually heard in the Magistrates Court where there is no option for trial by jury. The Summary Offences Act 1966 (Vic) includes most summary offences, such as driving offences and common assault.

Question 43

Principal offenders

Answer 43

Principal offenders: are individuals who actually commit the offence and/or are directly linked to the enactment of the crime. There may be more than one principal offender when a crime is committed, including those who assist or encourage a person to commit a crime.

Question 44

Accessories

Answer 44

Accessories: are people who know or believe that a person is guilty of a serious indictable offence and act to prevent the arrest, prosecution or punishment of that person. Examples of ways an individual can be an accessory to a crime include hiding a principal offender or driving a getaway car after a robbery.

Question 45

Elements of an offence

Answer 45

Elements of an offence: are what the prosecution needs to prove occurred beyond reasonable doubt in order to establish the guilt of an accused. For example, one element of murder is that the accused’s act must have been a ‘voluntary’ act meaning that it was directed by a conscious decision of the accused.

Question 46

Defences

Answer 46

Defences: are legally recognised arguments used by a party to justify their actions, so as to claim they are innocent of a crime, or not liable for a civil breach. If the accused is unable to successfully raise a defence, or cast doubt on the elements of a crime then they will most likely be found guilty and face a sanction.

Question 47

Sanctions

Answer 47

Sanctions: are penalties imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime. Life imprisonment is the harshest sanction that can be imposed for a criminal offence in Victoria.

Question 48

criminal offence

Answer 48

Criminal offence: when a law is broken, and it is regarded as a crime against the State, a crime has occurred. Examples of criminal offences/ crimes include murder, rape and theft.