Legal Studies Crime Notes
Crime and the Law Notes
Syllabus Themes:
* The role of discretion in the criminal justice system * Issues of compliance and non compliance in regard to criminal law * The extent to which the law reflects moral and ethical standards * The role of law reform in the criminal justice system * The extent to which the law balances the rights of victims, offenders and society * The effectiveness of legal and non-legal measures in achieving justice
Chapter 1: The Nature of Crime
Role of Criminal Law:
To protect society from those whose behaviour society has deemed to be unacceptable.
What is a crime:
A crime is an act or omission committed against the community at large that is punishable by the law.
Types of crimes: * Indictable Offences - An indictable offence is one that society considers to be very serious, such as murder or sexual assault. As the charge is more serious, there are more steps in the legal process, including a committal hearing to ensure that there is enough evidence to warrant a trial. If there is sufficient evidence then a trial with a judge and jury will occur. Usually heard in the district court and higher. * Summary Offences - A summary offence is a less serious charge, such as shop stealing or drink driving. These cases are heard by a magistrate in a local court, without a jury. Summary offences are brought on a charge called a ‘summons’ and carry penalties of no greater than two years in prison.
All society is the victim:
The criminal act is seen as an attack upon the standards that society generally upholds and so it is the responsibility of society as a whole to punish the accused.
Sources of Criminal Law:
The Federal Government legislates for some criminal offences such as tax evasion and the importation of illegal drugs, although most criminal law is state law. This is found in both common law (judge made law) and statute law (parliament made law).
Mens Rea:
Before a person is convicted of a crime, the
Syllabus Themes:
* The role of discretion in the criminal justice system * Issues of compliance and non compliance in regard to criminal law * The extent to which the law reflects moral and ethical standards * The role of law reform in the criminal justice system * The extent to which the law balances the rights of victims, offenders and society * The effectiveness of legal and non-legal measures in achieving justice
Chapter 1: The Nature of Crime
Role of Criminal Law:
To protect society from those whose behaviour society has deemed to be unacceptable.
What is a crime:
A crime is an act or omission committed against the community at large that is punishable by the law.
Types of crimes: * Indictable Offences - An indictable offence is one that society considers to be very serious, such as murder or sexual assault. As the charge is more serious, there are more steps in the legal process, including a committal hearing to ensure that there is enough evidence to warrant a trial. If there is sufficient evidence then a trial with a judge and jury will occur. Usually heard in the district court and higher. * Summary Offences - A summary offence is a less serious charge, such as shop stealing or drink driving. These cases are heard by a magistrate in a local court, without a jury. Summary offences are brought on a charge called a ‘summons’ and carry penalties of no greater than two years in prison.
All society is the victim:
The criminal act is seen as an attack upon the standards that society generally upholds and so it is the responsibility of society as a whole to punish the accused.
Sources of Criminal Law:
The Federal Government legislates for some criminal offences such as tax evasion and the importation of illegal drugs, although most criminal law is state law. This is found in both common law (judge made law) and statute law (parliament made law).
Mens Rea:
Before a person is convicted of a crime, the