). The doctrine of procedural fairness is derived from the common law — there is no Bill of Rights in Australia and therefore no expressly entrenched constitutional requirements of due process applicable in this
Preventive Detention for Dangerous Offenders in Australia
criminal or civil
proceeding, the more the courts will insist on a strict array of proceduralprotections”
*more judicial: adversarial, determining blame, fault, misconduct
2. “the more significant the rights or interests affected, the more likely the courts are to
require a higher level of...
Rape as a heinous crime which is traumatic for a woman and results in violation of her rights along with humiliation and degradation. Some of the important changes brought about by the Act to strengthen both substantive and procedural law provisions can be summed up as below :
(i) Burden of proof...
Law Gov Relationship with Invd.
Private Law Law dealing with enforcement of private duties
Administrative Law Business can fight regulations
Substantive Law creates rules
Procedural Law enforces rights in court of law
Criminal law punishes, civil settles dispute
Contempt of Court...
suspects and defendants, are defined by:
a. proceduralcriminal law
b. substantivecriminal law
c. constitutional criminal law
d. fundamental criminal law
e. administrative criminal law
23. Which of the following indicates that for a crime to occur, there must be an act of commission or...
the right to freedom of expression and the protection of reputation. It looks to make a number of substantive changes to the law, but is not designed to replace the current law entirely. The bill proposes to introduce a requirement for claimants to show that they have suffered serious harm before...
justice process. Victims have a legislated right to access to information concerning services and remedies available to them. Through the police, courts, corrections and system based services, victims are entitled to information about the progress of criminal investigations; being interviewed by same...
criminal history, the subject’s risk of flight, or any danger to the community.
Bill Of Rights:
The Bill of Rights (the first ten amendments to the United States Constitution) enumerates some of the individual rights guaranteed to American citizens. These individual liberties are...
2. Procedural Law: Procedural law governs the ways in which the substantive laws are to be administered.
B. Ideal Characteristics of the Criminal Law
5. Penal Sanction
C. Criminal Law as a Political Phenomenon
are to be found in the common law, in case law and in legislation.
Criminal law (which is to be distinguished from its civil counterpart) forms part of the public law of South Africa, as well as of the substantive law (as opposed to the procedural). The study of “criminal law” generally focuses...
-century federal and state courts. For example, the trial-an instance of the proceduralrights, due process, and judicial impartiality that for Heydebrand and Seron constitute formal democracy-has continued to decline. Criminal trial rates in the nation's state and federal courts, the portion of...
fairness in all legal matters, both civil and criminal, especially in the courts.
Aspects of due process of law (has two-fold process)
1) Procedural due process – method or manner by which the law is enforced
2) Substantive due process – law should be “fair, reasonable, and just”
. Interpret rules and laws and create common law principles. Determine what’s reasonable and what’s not.
Doctrine of Stari Decisis-allows judges to follow earlier circumstances.
Classifications of laws-
Equity in law
1.) Civil and...
engaging in repeat criminality.
* General Deterrence – A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which particular offender is being sentenced by making an example of the person sentenced.
Rehabilitation – The attempt to reform a...
the victims makes it easier for them to get assistance and see that their offender gets the accurate sentence for his crime (Schmalleger, Hall, & Dolatowski, 2010.)
Purpose of Victim Program
Some of the reason why the world needs to have programs available for the victims is as follows strict...
and increased victimization called for reform and demanded protection for the innocent. This protection came in the form of a new criminal justice policy, the sex offender registration.
“In the United States, offender registration was first used in the 1930s” as a means of banishing the unwanted...
explains that Substantive law is the term which is used to refer to the rules which govern our rights and duties under the law, for e xample the cases and statutes which create criminal offences or the cases and statutes which define contractual obligations. Street further explains that Substantive...
- law creating right and duties
Public Law-> Constitutional law, criminal law, administrative law,
Private Law-> Torts, Contracts, Sales, Commercial paper, Agency, Partnerships, Corporations, Property
Procedural- rules for enforcing substantive law
Substantive law and procedural law...
Bill of Rights (Nowak, John E. and Rotunda, Ronald D., p.211)
Refer to the U.S. Constitution, Amendments 13-15
F.2.2 Substantive Due Process The Court focuses on three types of rights under substantive due process in the Fourteenth Amendment, which originated in United...
have to appeal before youth/ juvenile court, which may impose Juvenile detention. The court can impose committal to a treatment centre for young offenders with serious personality disorders. The major difference between adult criminal law and juvenile criminal law is that the last focuses mainly on rehabilitation....