UNIT 1 EXAM LEGAL STUDIES Flashcards
Role of individuals:
aware of laws, obey, assisting police, maintain social cohesion.
Role of law:
Guidelines on what behaviour is acceptable. Establishes rights of people if infringed.
Principles of justice:
Fairness, equality, access.
Fairness:
all can participate in justice system, processes: impartial and open.
Equality:
all engaging with the justice system + processes: treated in the same way; if same treatment creates disparity, adequate measures should be implemented to allow equality.
Access:
engage with justice system + its processes on an informed basis.
Characteristics of effective law:
reflect society’s values, enforceable, known, understandable.
Parliament & roles:
large group made up of politicians. Debate, discuss and create laws. Introduce and pass bills, ensure equal representation.
Role of courts:
Resolve cases, determine guilt and verdicts.
Apply and interpret laws before them.
Relationship in law-making:
Statutory interpretation, Codification of common law, Abrogation of common law.
Common Law & Statue Law:
A series of legal foundations that come from precedent, (JUDGE MADE LAW).
Statute Law: (Law written in Acts of Parliament).
Criminal law & Civil law:
Establishes crime, protects community, creates sanctions for those who commit crimes.
Resolve disputes between two individuals, cases seek to enforce rights where harm has occurred.
Relationship between criminal + civil law:
- the aim of each area of law
- the consequences if a law is not followed.
Victorian court hierarchy:
HSCM
HIGH COURT: Only hears APPEALS for criminal cases.
SUPREME COURT: Court of Appeal, Trial Division
COUNTY COURT: indictable offences
MAGISTRATE’S COURT: summary offences
Purposes of criminal law:
Protect individuals, protect property, protect society, promotes justice.
Presumption of innocence:
Accused person is considered innocent until they are proven to be guilty in a court.
Concepts of criminal law:
Mens rea, actus rea, strict liability, age of criminal responsibility, burden of proof, standard of proof.
Types of crime:
Cyber-crime, Hate-crime, Organised-crime, Juvenile-crime, White-collar crime
Distinction between summary + indictable offences:
- The severity of the crime.
- Call the final hearing
- Who determines guilt
Principal offenders + accessories:
Principal offender: involved and commits an offence + carried out actus rea
Accessory: without lawful excuse, assists a principal offender after a crime has been committed.
Two criminal offences:
Culpable driving causing death, assault
Culpable driving causing death:
Reckless operation of a vehicle leading to the death of another person.
Elements of culpable driving causing death:
Accused was not driving the car. Driving was not culpable.
Defences to culpable driving:
Duress, sudden emergency, automatism.
Duress:
threatened to force someone to act against their will.
Automatism:
Loss of bodily movement. (unconscious)
Trends in culpable driving causing death:
increasing numbers, 18-34, majority males.
Impact on victim:
Loss of life, funeral costs, psychological issues, loss of trust in law.
Impact of community:
Increased need for police, damage to community property, trauma to society.
Impact on offenders:
guilt, shame, legal costs, financially impacted, social standing.
Assault:
Intentional use of direct or indirect force against another person without lawful excuse.
Elements of assault:
- threat of force was intentional or reckless
- no lawful justification or excuse
Defences for assault:
- Contact unintentional.
- Lawful justification for actions.
Trends for assault:
decreased:
2020 - 548086
2021 - 477789
2022 - 483441
Institutions that enforce criminal law:
Victoria Police:
- examining scenes
- forensic evidence
- arrest
AFP:
- investigate crimes with federal aspects
Delegated bodies:
- Consumer Affairs
Victoria - Environmental Protection Authority
- Local councils
- State Revenue Office
- VicRoads
- Victorian Work Cover
Authority (Worksafe):
Institutional powers and rights:
- given to those accused of a crime.
MUST BALANCE WITH THE RIGHTS OF INDIVIDUALS
Role of Victorian courts:
Determining guilt and impose sanctions.
Jurisdictions of the courts:
The lawful authority of a court to apply the law and hear cases.
Original: hears dispute for first time
Appellate: Appeal, heard before
Role of jury:
- Listen to evidence
presented in court. - Piece evidence together
- Decide if accused is
guilty/not guilty
Difficulties faced in different groups:
First Nations, Young people, Culturally & linguistically diverse people, Disability.
Purpose of sanctions:
penalties imposed by courts who are guilty of a criminal offence.
Punishment, protection, deterrence, denunciate, rehabilitation.
Punishment:
penalize the offender, criminal behaviour is not tolerated.
Protection:
keep individuals of society safe, preventing offenders from harming again.
Deterrence:
discourage offenders + others in society from committing crimes due to consequences imposed.
Denunciate:
demonstrate community’s disapproval of the offenders actions.
Rehabilitation:
reform offenders to prevent committing crimes.
Types of sanctions:
Fines, CCO, imprisonment.
Fines:
non-custodial, form of monetary penalty. Paid to state, paid in penalty units.
Community corrections order:
Serve time within the community with conditions.
Imprisonment:
Removed from the community into jail. High rates of recidivism.
Factors in sentencing:
Nature & gravity of the offence, vulnerability of victim, offender’s personal circumstances, guilty plea
Alternative approaches to sentencing:
Drug court, Koori court, Diversion program.
Drug court:
Directly addressing drug/alcohol dependency, if failure of those who sentence offenders.
Koori court:
Provides sentencing to First Nations, which comply with culture.
Another Australian jurisdiction:
NT: unicameral parliament.
Northern Territory Criminal Justice System:
(Similar to Victoria):
- Laws establish what is a crime + maximum penalty imposed.
- Investigate criminal law + can charge people with committing a crime.
Has own court system + court hierarchy.
Aim of criminal law:
Protect society and sanction offenders.
Aim of civil law:
rectify a civil wrong, returning rights have been infringed.
Civil law consequence:
Remedy.
Criminal law consequence:
Sanction.
The distinction and relationship between criminal law and civil law:
- the aim of each area of law
- the consequences if a law is not followed.
Burden of proof:
Prosecution presents evidence to court to prove guilt of the accused rather than accused proving their innocence alone.
Standard of proof:
Strength of evidence needed to prove a legal case.
Prosecution must prove the case beyond reasonable doubt.
Role of Victorian courts:
Determine guilt and impose sanctions
Reason for Victorian Court hierarchy:
Providing resources for settling disputes , upholding the law:
specialization & expertise, appeals, administrative convenience, part of the doctrine of precedent.
Crime:
An omission against an existing law. Harmful to an individual and society, and punishable by law. Crimes impact an individual by causing physical, financial or psychological harm.
