legal studies unit 1

Fairness

The principle that all people can participate in the justice system, and its processes should be impartial and open.

Access

The principle that all people should be able to engage with the justice system and its processes on an informed basis.

Equality

The principle that all people engaging with the justice system and its processes should be treated in the same way.

Reflects society's values

When members of society are more inclined to follow a law because the law reflects society’s values.

Enforceable

If people break the law, it must be possible to catch and punish them or sue them.

Known

The public MUST know about it. If people do not know about a law, they cannot follow it.

Clear and Understood

It is important for a law to be written in a way, that people can understand it, so the intent of, the law is clear

Stable

Laws remain relatively stable, meaning it stays the same for a long time.

Criminal Law

A body of law that protects the community by establishing crimes and sanctions for people that commit crimes.

Civil Law

A body of law that defines the rights and responsibilities of individuals and groups and deals with disputes.

Statutory Interpretation

This process, where a judge clarifies or interprets the laws written by parliament.

Precedent

A principle established in a legal case which must be followed in other cases, where the facts are similar.

Binding Precedent

The legal reasoning behind a court decision that must be followed in similar cases in lower courts from the same hierarchy.

Persuasive Precedent

The legal reasoning behind a court decision that might be considered relevant to a case with similar facts.

Impact of Criminal Offending

Can cause emotional, physical, and financial harm to victims, while also creating fear, reducing safety, and weakening trust and community cohesion.

Crimes against the person

Involve harming someone.

Crimes against property

Involve damaging or stealing belongings.

Actus Reus

A Latin term meaning “a wrongfully/guilty act”, actus reus is the physical element of the crime, the act itself which caused the person to be guilty of an offence.

Mens Rea

A Latin phrase meaning “guilty mind”, mens rea is the mental element of a crime, which refers to the state of mind of the accused at the time of the offending.

Summary Offences

Minor crimes heard in the Magistrates’ Court (e.g. speeding).

Indictable Offences

Serious crimes heard in higher courts, often with a jury (e.g. murder).

Principal Offender

The person who physically carried out the actus reus and therefore directly committed the act.

Accessory to a Crime

The person who assists the primary offender in committing the crime.

Burden of Proof

The party that is responsible for proving the facts of the case

Standard of Proof

Refers to the strength of evidence needed to prove a legal case

Fines

A monetary penalty paid to the court.

Imprisonment

The offender is detained in jail for a set time.

Community Correction Orders (CCOs)

A supervised sentence served in the community with conditions (e.g. unpaid work, drug treatment).

Punishment

To penalize the offender for their wrongdoing.

General Deterrence

Aims to discourage the public from committing similar crimes.

Specific Deterrence

Aims to stop the offender from reoffending.

Rehabilitation

To help the offender change their behavior and reintegrate into society.

Denunciation

To show strong disapproval of the offender’s actions on behalf of the court and society.

Protection

To keep the community safe from dangerous offenders.