VCE Legal Studies Unit 1 AOS 2 Proving Guilt

Question 1

Distinguish between two types of crimes with examples (2 marks)

Answer 1

One type of crime is crimes against the person. This refers to acts or omissions that cause or generally cause harm or fear to an individual. Crimes against the person differ to crimes against property which require theft or destruction of someone else’s property. Crimes against poverty do not require force or fear to be inflicted among individuals

Question 2

Distinguish between two types of crimes with examples (2 marks) part 2

Answer 2

Stalking is a crime against the person, as the accused engages in conduct that causes or is likely to cause physical or mental harm to the victim. Furthermore, theft is considered a crime against property as the accused infringes property owned from an individual3.

Question 3

Define Presumption of Innocence (2 marks)

Answer 3

presumption of
innocence the right of a person accused of a crime
to be presumed not
guilty unless proven
otherwise

Question 4

Define the term crime

Answer 4

A crime is an act
(i.e. undertaking an action) or omission (i.e. failing to undertake an action) that is against an existing law,
harmful to an individual or to society, and punishable by law (by the state).

Question 5

Describe the three purposes of criminal law ( 2 marks)

Answer 5

Criminal law serves three key purposes aims to uphold the crinimal justice system protecting individuals, property, and human rights. It safeguards individuals by deterring crime through strict legal consequences, such as imprisonment, ensuring community safety. It also protects property by criminalizing offenses like theft and vandalism, preventing unlawful damage to public and private assets. Additionally, criminal law upholds human rights by ensuring fair legal processes under the Victorian Charter of Human Rights, balancing punishment with rehabilitation. These principles ensure an orderly society while maintaining justice and fairness.