Who makes the laws?
- Common Law and precedent
- State and Federal Parliament
- Local Councils and Statutory bodies
- Private Organisations
Statute Law
Law made by Parliament, started in 1215
Common Law
Law made by the judges of precedent unwritten law started in 1066
First Police Murder
Joseph Luker in 1803
First two Australian Police in 1789
- The Convict Night Watch
- Row Boat Gaurd
How Statute Law can impact on Common Law
- Declares
- Overrides
- Supplements
- Remedies/Fixes
Civil Law
Individual Disputes such as compensation, contracts, divorces and land disputes
Criminal Law
Offence against the state such as assault or speeding fines.
Deviance
Non-conformity to a given norm, or sets of norms, which are accepted by a significant number of people.
The year in which the NSW police was formed
1862
The Criminal justice compromises of what 4 arms?
- The Makers
- The Law Enforcers
- Adjudicators
- Corrections
The Legislature
Makes the laws
The Executive
Enforces the law
The Judiciary
Applies the law
Aims of Law Makers
- Set standards of behaviour
- Communicate standards to the population
- Distinguish the seriousness of offences
- Provide powers to other arms of CJS
- Clarify ambiguities
Aims of Law Enforcers
- Prevention of crime
- Detection of offenders
- Bringing offenders to justice
- Protection of the public
- Maintain public peace
- Protect the rights of the individuals
- Educate the public.
The Statement of Values
Ensures NSW police officer maintain an equal level of impartiality and empathy when conducting their duties.
Aims of Adjudicators
- Handle and process cases efficiently.
- Examine the facts presented.
- Find the relevant law.
- Make decisions and pass judgements.
- Impose appropriate sanctions.
- Decide on bail, remand and mode of trial.
The roles of the following:
- Judge
- Magistrate
- Prosecutor
- Defence Counsel
- Judge runs the show and guide on questions of law and rules of evidence. All courts except local.
- Magistrate is in charge of the local court and oversees those proceedings.
- Prosecutor runs the show for the police. Proves the truth. Presents the case to prove the offence.
- Defence defends the accused person.
Jurisdiction of local court
Summary offences. Usually a fine or gaol sentence not exceeding two years.
Jurisdiction of Children’s court
Same offences as local court just for the accused under 18.
Jurisdiction of Coroner’s Court
Deaths and fires
Jurisdiction of District Court
Indictable offences. (Right to trial). Appeals from the local court.
Jurisdiction of Supreme Court
Usually most serious criminal offences.
Accusatory System
Two sided contest between prosecution and defendant. Rules surrounding the evidence. The parties are in an equal position with an impartial moderator, a judge. Australia, England and U.S use this system.
Inquisitorial System
The judge is both the judge and the prosecutor. The collection of evidence is in control of the judge and he initiates the investigation and collects all the evidence. No rules on how to obtain evidence. France, Italy and most European countries use this system. Coroners court.
Committal Hearing
Decision by a magistrate as to whether the prosecution evidence is capable of satisfying a jury, properly instructed beyond reasonable doubt that it is an indictable offence.
Prima Facie
There is a case to answer for.
Statute of Limitations
Period of time you have to initiate proceedings against a person. Summary offences is 6 months while indictable there is no time period.
Evidence in Chief
when witness first gives all their evidence and its lead by the prosecutor
Cross examination
Defence tries to discredit/scrutinise the prosecutors evidence.
Re-Examination
Opportunity for the prosecutor to clarify anything that the defence solicitor discredited.
Sentencing Theories
- Retribution - Justice
- Deterrence - Deter further offending by the offender or community
- Rehabilitation - Change the person by trying to fix them and bring them back into the community.
- Protection - Protecting the community as they are a threat to the community.
The stages of the
passage of a ‘Bill’ as it goes through parliament
- Initiation of the law
- Drafting
- Cabinet consultation
- First reading: no debate
- Second reading: Debate general principles
- Committee change: Considered in detail, changes made and voted on
- Third reading: changed bill presented for vote if accepted goes to voice or house dividing.
- Upper house: Do the same allover again, if accepted goes…
- To Governor or GOV.
- Gazetting /Published
Criminal matters standard of proof?
Beyond reasonable doubt
Criminal liability
Being held responsible for criminal actions/inaction.
Strict Liability
Less emphasis on proving the mens rea. Prove actus reus. E.g. speeding
Mens Rea
The guilty mind, intent and mental component.
Actus Reus
The physical component, physical action/inaction.
Temporal coincidence
When both actus reus and mens rea happen at the same time.
The four types of sections in the “Act of Parliament
- Powers
- Offences
- Definition
- Procedural
Doctrine of Doli Inpax
Rebuttable presumption that a child between the age of 10-14 cannot form the mans rea to being criminal liable for an offence.