What is the rule of law?
The principle that all people are subject to the law and are equal before the law
Key Aspects of the Rule of Law:
- Laws must be clear
- All citizens must accept laws
- Laws must be known
- Laws must be seen to apply fairly
Difference between rules and laws?
Rules can be created by guardians, parents, teachers, schools, etc. These rules help to protect your safety and can range from very basic to formal. Laws on the other hand are created by the government to ensure the well-being and safety of civilians.
Definition of Criminal Law
Criminal Laws are laws created by the government because otherwise, it threatens or harms public safety
What is civil law?
system of law that is concerned with private relations between members of a community such as mobile phone plans, credit cards, or disputes over money owed.
Why do laws change?
Laws reflect the morals and values of the society we live in. If society does not accept laws anymore they have to change
what does innocent until proven guilty mean?
proving a valid reason, as to why a person should be guilty, whilst providing sufficient evidence to support the overall argument.
What are progressive laws?
Progressive laws are laws that require everyone to embrace this functioning and tell
Progressive laws
laws that change with developments of society such as technology, beliefs
Court Layout ( Birds eye view)
judges sit at the front of the room. The prosecution and defence sit in 2 groups facing the judge. the public gallery sits at the back of the courtroom. the accused sits on the far left side of the room at their designated table and jury on the far right hand side of the room
What are effective and ineffective laws?
Effective laws are agreed on by all citizens and support the beliefs and opinions of society. If classed ineffective, the society does not agree on the rules and believe they should be changed.
Qld Court Heiriarchy from lowest to highest
1) QLD Civil and Administrative Court
2) Magistrates Court - first stop in all criminal offences and civil disputes
3) District Court - more civil and serious crimes
4) Supreme Court - hears most serious criminal and civil cases
5) Court of Appeal - hears against decisions made in trial
What is the role of lawyers?
lawyers provide legal advice to clients and work to provide the best outcome for them whilst adhering to the law
Role of the jury and how many people in the court
the jury is to listen to evidence and make most important decision in a court case.A jury is made up of around 12 citizens who are randomly selected from the electoral rool to help the court come to a reasonable verdict for the alleged crime. Jurors must listen to the case and observe the evidence
Role of the magistrate court and types of cases there
The magistrate court is the first level of jurisdiction and is the first stop in all criminal offences and civil dispute. The magistrates court handles minor offences such as shoplifting, traffic infringements, and summary offences
Summary Offences
Summary offences are offences that happen immediately in a prompt manner.
Role of the district court and types of cases there
The district court listens to the evidence and makes the most important decision - whether a person is guilty or not. (in civil cases is at fault)
The District Court handles more serious offences such as rape, armed robbery and fraud.
What are judges reffered to as?
Your Honour
Role of the supreme court and types of cases
The Supreme Court is the highest and hears all appeals from the Supreme and District Courts. Criminal matters heard include manslaughter, murder, thefts over $750,000 and serious drug offences.
Who is involved in the jury?
1) A computer randomly chooses 12 people on the electoral role (18 yrs and over)
2) Notice to prospective juror - receive a letter containing a questionnaire to prove elegibility
3) Second Selection - selecting from those who completed questionnaire
4) Summons - if selected you will be requested to appear at court
5) Empanelment - On the day your name or panel number may be called indicating the trial will attend
6) Swearing In - after empanelment phase you are asked to be sworn in as a juror
What is the purpose of a court appeal
A court appeal is an opportunity for the defendant to try to raise specific errors that might have occurred at a trial
What are the roles of police when dealing with a cirminal investigation?
investigate crimes, make arrests, interrogate suspects and collect evidence
What are the responsibilites of police?
preserve the peace, protect life and property, prevent crime, detect and apprehend offenders, help those in need of assistance
Five questions a police officer may ask the victim of a crime?
Where has the crime happened?
Who am I talking to?
Were there witnesses?
Description of vehicles/registration numbers
