Unit 1 Exam Flashcards
Legal Rules
Laws that apply to all individuals in society
Non Legal Rules
Laws that apply to a specific group or individuals
Criminal Law
An offence against the community and state, that is punishable by law
Burden of Proof
In criminal cases is with the prosecution and with the plaintiff in civil cases. It is who must prove the case
Standard Of Proof
In criminal beyond reasonable doubt and civil cases on the balance of probabilities
Original Jurisdiction
Cases a court can hear for the first time
Men rea
A guilty mind
Actus reus
A guilty act
Presumption of innocence
Innocent until proven guilty in a court of law
Age of Criminal Responsibilty
10, They need to know the difference between right and wrong. Mens Rea must be proven
Stages Of Royal Assent
Governor Or Governor general giving consent to a bill on behalf of the queen.
Bicameral
The 2 house system. The lower house and Upper house
2 Police Powers
Name and address
Random Breathe test
Stages Of Proclamation
The act will be entered or proclaimed into the government gazette
Structure Of Victorian Parliament
Lower House- Legislative Assembly
Upper House- legislative Council
Queens Representative- Governor
Cabinet
made up of senior government ministers and the Prime Minister or Premier and the law making policy of parliament.
Two Characteristic of an effective law
Enforcement – If a law is not enforced with appropriate sanctions it will fail to operate effectively
Public awareness – the public must be fully aware of laws that affect them. The public must also understand and accept the law.
Role of Lower house
Determine government
Controls Government spending
Makes law
Provide for representative and responsible government
Role of Upper House
Review legislation from the lower house
Gives equal representation to states/people within a state
Makes law
Provide for representative and responsible government
Crimes against a person
Is when one person or group of people inflict on another person or group
Murder
Manslaughter
Crimes against Property
Is Taking of property or denying another person of their property.
Theft
burglary
Summary offence
These offences are not as serious as indictable offences, those charged have no right to trial by judge or jury.
Heard in Magistrates court
Traffic offenders & Assaults
Indictable Offence Heard Summarily
Some indictable offences can be heard summarily in the magistrates court. Theft under 100,000 and minor assualts
Indictable Offences
Serious offences heard and determined by judge and jury in the county court or supreme court.
Murder & Rape
Appeal & 3 grounds for a criminal trial
An application by the party to a legal case to have a matter reheard in a higher court
All parties to a dispute have the right to appeal. Appeals must be based on
— Appeals against conviction
— Appeals against sentence – leniency or harshness
— On a point of law
Difference between Government Parliament
Parliament is all those elected and government is formed by the party that has a majority in the lower house.
2 Individual rights
Right to silence
Lawyer
3 Roles of A Jury
To listen to the evidence presented in a criminal case
To decide if the accused is guilty or not guilty
Acquit the accused if ordered by a judge
Manslaughter
Unlawful killing of another person without malice aforethought
Murder
The killing of another human being with malice aforethought
Jurisdiction of a Supreme court
Most serious indictable offences such as murder
a jury of 12 empanelled if the accused pleads not guilty
Self defense
When your life is in danger you can kill the other in self defence
Necessity
The act of killing or injuring another to save another life
Duress
The defense of committing a crime when under threat
Sanction
2 Examples
A punishment given by the magistrates or judge in a criminal case.
Protection of society
Rehabilitation
Remand
Detention of a person in a legal custody until their trial
Parole
Release of a prisoner under the supervision if a Parole officer with conditions attached.
4 Reason why A Court Hierarchy is required
Appeal
Specialisation of judge
Precedent
Administrative convenience
Role of The Jury
To listen to the evidence in a criminal case and find the accused guilty or not guilty based upon the evidence given.
3 Strengths Of a Jury
1: Juries decision reflects the views of the community as those on the jury are ordinary people.
2: Desicion making is spread across 12 people. The jury is made up of 12 members
3: Juries provide a trial that is free from political interference- politics don’t get involved.
3 weaknesses Of Jury
1: They’re expensive
2: Juries may make the wrong decison as they have no legal knowledge.
3: Jury doesn’t have to give their reason as they might be bias.
3 Strength Of Imprisonment
1: Keeps them away from society
2: Stops them from repetition of crime
3: Rehabilitates them
3 Weakness Of Imprisonment
1: Expensive
2: A chance a person is innocent and you’re taking their liberty away
3: They may not rehabilitate and therefore being released into the community without any rehab and may continue to re offend.
Pre-Trial procedure of a committal Hearing
During this procedure the crown must present evidence in relation to the case such as statements of witness and list of exhibits
The defendant must b given copies of the written evidence prior to the hearing.
At conclusion of the hearing the magistrates must decide if a prima facie case exists, that is, is there sufficient evidence to support a conviction by a jury at trial.
