CPC 1.4 Introduction to criminal law

Question 1

Functions of the law

Answer 1

• Formal social control
• Maintenance of order

Question 2

Two fundamental areas of law in Australia

Answer 2

• Civil law
• Criminal law

Question 3

Civil law

Answer 3

Deals with ares of law where the interests of the public are the overriding factor

Question 4

What is a crime?

Answer 4

• A behaviour defined and sanctioned by criminal law
• Subject to specified penalties

Question 5

Considerations in determining whether something is a crime

Answer 5

• Is the behaviour likely to cause harm and to whom?
• Does the community agree the behaviour is likely to cause harm?
• Are there laws in place specifying these harms as a crime and the laws enforced?

Question 6

4 primary sources of change in the criminal law

Answer 6

• Social change
• Technological change
• Evolving morality
• Law reform programs

Question 7

The higher courts

Answer 7

• More serious offences
• Trial being conducted with judge and jury

Question 8

The lower courts

Answer 8

• Less serious offences
• Without a jury

Question 9

Court Hierarchy

Answer 9

1. Supreme Court
2. District Court
3. Local Court or Childrens Court

Question 10

Sentencing

Answer 10

• Follows a conviction
• Undertaken by judges and magistrates

Question 11

Sources of Law / Australia criminal law system

Answer 11

• Common Law
• Statute Law
• Case Law

Question 12

Common Law

Answer 12

• The law was the same or ‘common’ throughout the country and applied to everyone in society
• Provides a fair, consistent and structured forum to administer justice

Question 13

Features of the common law system

Answer 13

• The Rule of Law
• The doctrine of precedence
• The adversarial system

Question 14

The Rule of Law

Answer 14

• No one is above the law
• The law is applied equally and fairly
• Due process (the conduct of legal)

Question 15

Doctrine of Precedent

Answer 15

• The custom of the courts to stand by previous decisions
• Provides a measure of stability and predictability to the law

Question 16

Why was the the Doctrine of Precedent developed?

Answer 16

To promote consistency in decision-making by judges

Question 17

The Adversarial System

Answer 17

• ‘Battle’ or ‘contest’
• Bring evidence before a magistrate, judge or jury

Question 18

3 levels of government

Answer 18

• Federal
• State and Territory
• Local

Question 19

Australian Constitution

Answer 19

Set of rules by which Australia is run

Question 20

Principles of the Australian Constitution (4)

Answer 20

1. Democracy
2. Division of Powers
3. Separation of Powers
4. Rule of Law

Question 21

Examples of Federal government

Answer 21

• Border protection
• Defence
• Immigration

Question 22

Examples of State government

Answer 22

• Schools
• Hospitals
• Water
• Public transport

Question 23

Examples of Local government

Answer 23

• Local roads
• Waste disposal

Question 24

Rule of Law

Answer 24

What the Australia Constitution is based on

Question 25

Essential elements that contribute to maintaining the rule of law

Answer 25

- Separation of powers - Presumption of innocence - The right to a fair trial

Question 26

Statute Law

Answer 26

- The main source of law in Australia - Collating laws into 'Acts' - Procedure for law-making by parliaments - Provides easy access to legislation

Question 27

What is the main source of law in Australia?

Answer 27

Statute law

Question 28

Codification

Answer 28

Once a law has been passed through parliament it's published using a systematic process (title, section number, a description of the 'law', the penalty imposed)

Question 29

Aims and benefits of codification

Answer 29

- Accessibility - Parliamentary Sovereignty - Coherence - Reform - Uniformity

Question 30

Case Law

Answer 30

- Made by judges - Doctrine of precedent - A decision becomes case law if it lays down a new principle of law, or changes or clarifies the existing - Enables the judiciary to interpret legislation

Question 31

Doctrine of precedent

Answer 31

The rule that the legal principle that has been established by a superior court must be followed in other similar cases by that court and inferior courts

Question 32

TRUE or FALSE: Common, Statute and Case law don't exist independently of each other

Answer 32

TRUE A combination of all three is necessary for justice to be served

Question 33

What is a policy?

Answer 33

Designed to support and back up legislation Are NOT law