VCE Legal Studies Unit 1 Aos 2 purposes of criminal law Flashcards
(9 cards)
Define Crime
A crime is an act
(i.e. undertaking an action) or omission (i.e. failing to undertake an action) that is against an existing law,
harmful to an individual or to society, and punishable by law (by the state).
identify the four purposes of criminal law
The four purposes of criminal law are Protecting individuals, protecting property, protecting society, Protecting justice
Protecting individuals
Criminal law aims to protect individuals by establishing crimes and
processes to deal with people who commit these crimes. For example, laws that make murder,
theft, rape, arson and robberies crimes are aimed at protecting individuals from these types
of behaviours.
Protecting property
Criminal law aims to protect privately owned and public property. This
includes protecting land and the environment, and personal goods. For example, it is an offence to
trespass on, or take without permission (i.e. steal), another person’s property.
Protecting society
Criminal law aims to protect the community as a whole by setting standards
and making it clear what behaviour is not tolerated by the community and the legal system. This
helps to maintain public order and community safety. For example, laws prohibiting drug offences
and terrorism offences help to protect society.
Protecting justice
Criminal law aims to promote justice by providing processes to deal with
offenders and to enforce the law. Having the state enforce criminal law helps prevent victims of
a crime, and their family and friends, from taking the law into their own hands and imposing their
own punishment on an offender.
sanction
a penalty (e.g. a fine
or prison sentence)
imposed by a court on
a person guilty of a
criminal offence
Explain why the state (and not the victim) is
responsible for imposing a penalty (sanction) on a
person who commits a crime.
