Criminal Justice System

What is the role of the criminal justice system?

To regulate conduct in society, protect the community, and punish those who break the law, ensuring justice and fairness.

What are the foundational principles of Australia's criminal justice system?

The foundational principles include the rule of law, fairness, and equity, ensuring laws are applied impartially.

What is the role of the criminal justice system?

To regulate conduct in society, protect the community, and punish those who break the law, ensuring justice and fairness.

What are the foundational principles of Australia's criminal justice system?

The foundational principles include the rule of law, fairness, and equity, ensuring laws are applied impartially.

What defines a crime and what are its four major features?

A crime is an act that breaks the law and is punishable by the State. Its four major features are: 1) Against the law, 2) Punishable, 3) Against morality, 4) Harmful.

What is the primary purpose of criminal law?

To protect society by setting rules about unacceptable behavior, resolving conflicts, and ensuring rights are respected.

What does the presumption of innocence entail?

It means every person accused of a crime is considered innocent until proven guilty, placing the burden on the prosecution.

What is the onus of proof in criminal law?

The prosecution is responsible for proving that the accused committed the crime.

What is the standard of proof in criminal law?

The standard of proof is 'beyond reasonable doubt,' meaning evidence must be compelling enough to eliminate reasonable doubt.

What does 'beyond a reasonable doubt' mean?

It is the highest proof threshold, requiring evidence so compelling that no logical explanation remains except the accused's guilt.

What characterizes the adversarial criminal justice system in Australia?

It involves two opposing sides, the prosecution and the defense, presenting arguments before an impartial judge and often a jury.

What are the positive and negative attributes of the adversarial system?

Strengths include fairness and opportunity for both parties to present their case. Weaknesses include potential high costs and focus on winning over truth.

What are key pieces of legislation in Queensland's criminal law?

Key laws include the Criminal Code Act 1899, the Penalties and Sentences Act 1992, and the Police Powers and Responsibilities Act 2000.

What constitutes criminal behavior?

Actions that break the law and are punishable, including illegal acts like theft or assault, and failures to act when required.

Who are the participants in an alleged criminal situation?

A suspect is someone police suspect but is not charged yet; once charged, they become the accused. Principal offenders commit the crime, while accessories assist.

How are criminal offences categorized?

Crimes are categorized as summary (minor) or indictable (serious) and can involve harm to people, property, or public order.

What is the difference between summary and indictable offences?

Summary offences are minor, heard without a jury, and have lighter penalties; indictable offences are serious, require a jury trial, and have harsher punishments.

What are actus reus and mens rea?

Actus reus is the guilty act, and mens rea is the guilty mind; both must be present for a conviction.

What role do police play in the criminal investigation process?

Police investigate crimes, confirm events, find suspects, collect evidence, and support prosecutions.

How do police balance individual rights with societal order during investigations?

Police must respect individual rights while using their powers to maintain public safety, following due process.

What is the right to silence?

The right to silence protects individuals from self-incrimination, ensuring the prosecution must prove guilt.

How does the right to silence contribute to equitable outcomes?

It prevents unfair evidence and ensures that individuals are not compelled to incriminate themselves during investigations.

What is the significance of the Criminal Code Act 1899 (Qld)?

It defines offences and defenses within Queensland's criminal law framework.

What is the purpose of the Penalties and Sentences Act 1992?

It guides sentencing in Queensland's criminal justice system.

What does the Police Powers and Responsibilities Act 2000 regulate?

It regulates police powers and individual rights during arrests and searches.

What is the importance of due process in criminal investigations?

Due process protects rights and responsibilities, ensuring fair outcomes during police questioning, searches, and arrests.

What are some examples of criminal behaviour?

Examples include theft, assault, driving without a license, and failing to report a crime.