Glossary Terms Unit 1

Question 1

Social Cohesion

Answer 1

The willingness of the members of a society to collaborate to ensure the safety and well-being of others.

Question 2

Principles of justice

Answer 2

Fairness, equality and access

Question 3

Fairness

Answer 3

The principle that all people can participate in the justice system and its processes should be impartial and open.

Question 4

Equality

Answer 4

The principle that all people engaging with the justice system and its processes should be treated in the same way.

Question 5

Access

Answer 5

Defined by an individual’s understanding of their legal rights and ability to pursue their case.

Question 6

Parliament

Answer 6

A legislative body, comprised of elected representatives, that is primarily concerned with creating the laws of society it represents.

Question 7

Courts

Answer 7

Legal institutions concerned with the interpretation and application of laws, in order to make legal decisions involving crimes or legal disputes.

Question 8

Common law

Answer 8

The body of law that is derived from judicial reasoning and decisions in past cases.

Question 9

Statute law

Answer 9

The body of law that comprises laws made by parliament also known as legislation.

Question 10

Court Hierarchy

Answer 10

The arrangement of courts in order of superiority.

Question 11

Criminal law

Answer 11

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.

Question 12

Civil law

Answer 12

Governs disputes relating to the rights of two parties, and aims to restore parties to the position they were in before their rights were infringed and they suffered injury or loss.

Question 13

Indictable offences

Answer 13

Criminal offences that are serious in nature and are generally heard by a judge and jury in the County or Supreme Court.

Question 14

Police

Answer 14

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.

Question 15

Delegated bodies

Answer 15

Specialised government agencies that have been given authority from Parliament to make and enforce laws within their area of specialisation.

Question 16

Institutional powers

Answer 16

The scope that institutions that enforce criminal law such as Victoria Police have to detect and investigate individuals suspected of committing crimes.

Question 17

Individual rights

Answer 17

People have various entitlements that balance and protect them against institutional powers.

Question 18

Criminal jurisdictions

Answer 18

The powers the individual courts have to hear different types of cases.

Question 19

Jury

Answer 19

A group of randomly selected people who are required to deliver a verdict in a trial based on the evidence presented to them in court.

Question 20

Criminal trial

Answer 20

The government’s opportunity to prosecute and argue its case against an accused and obtain a guilty verdict and the defendant’s conviction.

Question 21

Punishment

Answer 21

The infliction of pain or loss to ensure an offender is adequately penalised and held accountable for their crimes and their impact on victim and society as a whole.

Question 22

Deterrence

Answer 22

The action of discouraging an offender, or other individuals, from reoffending or committing similar crimes, through the imposition of a criminal sanction.

Question 23

Denunciation

Answer 23

The act of publicly condemning an offender’s criminal behaviour.

Question 24

Protection

Answer 24

The act of ensuring offenders do not pose a significant risk to the welfare and safety of their victims and broader society.

Question 25

Rehabilitation

Answer 25

The act of restoring an offender to normal life as a law-abiding member of the community after they have engaged in criminal activity.

Question 26

Fines

Answer 26

A sanction that requires an offender to make a monetary payment as a penalty for a criminal offence.

Question 27

Community Correction Order

Answer 27

A non-custodial sanction that is served by the offender in the community with certain conditions attached.

Question 28

Imprisonment

Answer 28

The deprivation of a person’s liberty by removing the offender from society.

Question 29

Sentencing

Answer 29

The declaration of a punishment decided for the offender.

Question 30

Drug Court

Answer 30

A specialised division of the Magistrates Court established to treat and rehabilitate offenders with a substance dependency through imposing a drug and alcohol treatment order.

Question 31

Koori Courts

Answer 31

An alternative sentencing court for First Nations 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.

Question 32

Diversion programs

Answer 32

An alternative to the court system that allow low-level offenders to avoid a criminal record, provided they make amends for their wrongdoing.

Question 33

Presumption of innocence

Answer 33

The right for all accused persons to be presumed innocent until it is proven otherwise beyond reasonable doubt.

Question 34

Actus Reus

Answer 34

Refers to the physical elements of the crime that must be satisfied in order for an accused person to be found guilty.

Question 35

Mens Rea

Answer 35

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.

Question 36

Strict Liability

Answer 36

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.

Question 37

Age of criminal responsibility

Answer 37

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.

Question 38

Burden of proof

Answer 38

The responsibility of a party to prove the facts of a case.

Question 39

Standard of proof

Answer 39

The degree to which the facts of a case must be proven in court.

Question 40

Crimes against the person

Answer 40

Criminal offences where a person is harmed or harm is threatened.

Question 41

Crimes against property

Answer 41

Criminal offences that involve using force or deception to obtain, damage or destroy property.

Question 42

Summary offences

Answer 42

Minor criminal offences usually heard in the Magistrates Court where there is no option for trial by jury.

Question 43

Principal offenders

Answer 43

Individuals who actually commit the offence and/or are directly linked to the enactment of the crime.

Question 44

Accessories

Answer 44

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.

Question 45

Elements of an offence

Answer 45

What the prosecution needs to prove occurred beyond reasonable doubt in order to establish the guilt of an accused.

Question 46

Defences

Answer 46

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.

Question 47

Sanctions

Answer 47

Penalties imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime.

Question 48

Criminal offence

Answer 48

When a law is broken, and it is regarded as a crime against the State, a crime has occurred.