Unit 4 - Long arm of the law

Question 1

RULES V LAWS -

Question 2

Explain the difference between rules and laws

Answer 2

Laws - these permit, modify or prohibit the activities of all people in the community
Rules - these determine what behaviour is unacceptable in particular groups or institutions.

Question 3

Difference between statute and common law

Answer 3

Statute - Government
Common - Court’s

Question 4

CRIMINAL -

Question 5

What does criminal law deal with? Who are the offences against?

Answer 5

Criminal law is concerned with cases in which a person has committed an offence against the wellbeing of the community.

Question 6

What is a summary offence?

Answer 6

A summary offence is a less serious crime (magistrates court)
-Eg, speeding, littering

Question 7

What is an indictable offence?

Answer 7

An indictable offence is a serious criminal offence that is heard in front of a judge and jury in the county or supreme courts.
-Eg, armed robbery, culpable driving, rape and homicide

Question 8

Parties involved?

Answer 8

Prosecution and defendant

Question 9

Verdict?

Answer 9

Guilt or not guilty

Question 10

Punishment?

Answer 10

Jail, fines, community service

Question 11

Standard of proof

Answer 11

Beyond reasonable doubt
- Cannot have any doubt in jury members minds’ that the defendant is guilty
- Jury of 12 (must all agree otherwise becomes a hung jury and try to convince the outlier)

Question 12

Accused while waiting trial

Answer 12

Bail - let out into community
Remand - in jail

Question 13

What 2 elements must be proven in a criminal case?

Answer 13

-The physical actions behind the offences (actus reus)
-The mental state or intention behind the crime (mens rea)

Question 14

Does age determine whether an individual can commit a crime?

Answer 14

Age is a significant factor in determining whether an individual can commit a crime. Children under 10 cannot be held responsible for committing a crime as it is believed they do not know the difference between right and wrong. Children aged between 10-14 are presumed to not understand the consequences of their actions. Those ages 15 and above, can be punished including sanctions, however court may be different to adults (under 18 - children’s court).

Question 15

CIVIL -

Question 16

What is civil law concerned with?

Answer 16

Civil law is protection of individuals and their rights
-Negligence
-Defamation
-Nuisance.

Question 17

Parties involved?

Answer 17

Plaintiff and defendant

Question 18

Verdict?

Answer 18

Liable or not liable

Question 19

Punishment?

Answer 19

Monetary compensation

Question 20

Standard of proof

Answer 20

Balance of probabilities
-How likely that the damages that the plaintiff experienced are the defendant fault
-Can be 5/6 but not lower (otherwise re do the case)

Question 21

JURISDICTION AND COURT HIERARCHY -

Question 22

What is meant by ‘jurisdiction’ and ‘court hierarchy’

Answer 22

Jurisdiction - refers to the authority given to a legal court, to hear and decide cases.

Court hierarchy - is the organisation of courts into different levels, based of how serious and important the cases are. Lower courts handle less serious cases, while higher courts deal with more complex or significant matters and appeals from lower courts.

Question 23

Order of court hierarchy

Answer 23

1. Supreme
2. County
3. Magistrates

Question 24

Who is in charge of the supreme and county courts?

Answer 24

Judge

Question 25

Who is in charge of the magistrate’s court?

Answer 25

Magistrate

Question 26

What are the two subdivisions of the magistrate’s court?

Answer 26

-Children’s’
-Coroners’

Question 27

Childrens’ court

Answer 27

Purpose is rehabilitation, not punishment.
-Criminal : Where defendant is 10-18 years old when the crime was committed and under 19 when the trail occurs
-Family: Cases for children 0-17 years old who are in need of care and protection due to being ill teated or abused, being abandoned, or having no one to look after them.

Question 28

Coroners’ court

Answer 28

Investigates unexpected or suspicious deaths, including all deaths from fires and drownings. This is to find the identity of the person who died, cause of death or the fire.

Question 29

What is an appeal and on what grounds can they be heard?

Answer 29

An appeal is when a higher court reviews a lower court’s decision, due to one of the parties asking to go to a higher court. It can be based on legal errors, procedural mistakes, new evidence, or an unreasonable verdict.

Question 30

JURIES -

Question 31

Criminal juries

Answer 31

• Juries are never found in Magistrates’ court
• Consists of 12 jurors
  -Juries are compulsory in all criminal cases

Question 32

Criminal juries - Verdict

Answer 32

-Juries have to return a unanimous verdict (all 12 jurors must agree
-If this is not possible than a majority verdict known as a hung jury (11 out of 12) occurs and they have to redo the case

Question 33

Civil juries

Answer 33

-Only 6 jurors
-Optional

Question 34

Civil juries - Verdict

Answer 34

-Decide liability
-Determine damages to the plaintiff

Question 35

Empanelment

Answer 35

1. Turn 18 and put your name into electoral roll
2. Chosen at random & receive a questionnaire
3. Complete questionnaire
   - Could be found ineligible. If eligible could be disqualified
4. If eligible and not disqualified attend jury pool
   - Could be excused
5. If not excused wait to be empanelled

Question 36

DTO -

Answer 36

A Drug Treatment Order is a court order that allows an offender with a drug addiction to receive treatment and support instead of serving a prison sentence. The order typically includes conditions such as regular drug testing, counselling, and rehabilitation programs.