Legal studies - crimes, defences, murder & rape

please help

what is a crime?

An act or omission that is against the law

Harmful to an idividual(s)

Punishable by laws

What is an omission?

Failure to carry out an action

What are the purposes of criminal law?

Protect individuals

Protect property

Protect community

Promote justice

what does it mean to PROTECT INDIVIDUALS

establishing crimes and processes through the use of law

the aim of the law in this sense is to protect people from such crimes such as loss or theft

what does it mean to PROTECT COMMUNITY?

this is a central part of social cohesion

its to maintain community safety

what does it mean to PROTECT PROPERTY?

aims to protect private property such as land, environment and personal property (homes, etc.)

Maintaining public order and community safety

what does it mean to PROMOTE JUSTICE?

preventing vigilantes from punishing someone without the proper use of the legal system

provides the process to deal with legal offenders

doesnt let law fall into the wrong hands

What is the presumption of innocence?

the accused or alleged offender is presumed to be INNOCENT UNTIL PROVEN GUILTY.

what does the presumption of innocence mean?

it means that the accused cannot be punished unless PROVEN GUILTY BEYOND REASONABLE DOUBT.

what does it mean when something is beyond reasonable doubt?

this means that it is unquestionably right or wrong without any other logical explanation.

cannot be "possibly" cannot be hypothetical

needs to be as close to the truth as possible, preferably the truth.

How is innocence protected?

The prosecution of present physical evidence to the court to prove unquestionably that the accused is guilty, meaning that the innocent does not need to prove their evidence.

What is the standard of proof in a criminal case?

meaning that the prosecution is meant to provide SUFFICIENT evidence of the guilt of the accused.

this also means that the accused cannot apply for a bail unless they are completely sure and safe.

Rights of the accused

has the right to a legal representation in the court (lawyer)

accused has the right of silence

anyone who is found guilty has the right to appeal for a wrongful conviction

what is the right of silence?

this means that the accused has the right to remain silent, this doesnt however directly translate to them being guilty.

What cant be revealed until the sentencing begins?

As a general rule, the accused previous convictions cannot be revealed in court until the sentencing process begins. this is to keep the unbiased nature of the court hearing

what are the key concepts of criminal law?

* actus reus
* mens rea
* strict liability
* age of criminal responsibility
* burden of proof
* standard of proof

What does actus reus mean?

Guilty act

the physical act of carrying out a crime

* prosecution must prove that the offender is guilty

what does mens rea mean?

Guilty mind

the planning out or awareness of the crime committed

* the prosecutor must then prove that the accused knowingly did the crime

what does strict liability mean?

The responsibility of committing a crime can be done without having the intent and without having to prove mens rea - the planning of a crime

examples of strict liability

drinking and driving

not tapping on the myki (an omission)

failure to show the p plate on a probation license (omission)

the age of criminal responsibility meaning

meaning that at a certain age someone can or cannot be charged with a crime

the age that someone can be charged

ages 0-10

cannot be charged with a crime

ages 10-13

Doli incapax - incapable of evil

meaning that though they may have committed the crime, it is assumed that their brains havent yet reached the capacity of registering the depth of the crime and to know the difference between good or bad, this however needs to be known and proven in court

14 and up

They can be criminally liable for their actions and can be charged for their crime

this is because they have reached a presumed state of being able to comprehend their crime

burden of proof

held by the person or party that has brought the accused into court

this would be the king, but a representative is what brings them to court.

the party needs to prove the accused guilty beyond reasonable doubt

standard of proof

the strength or degree in which the case must be proven

what is the difference between the burden and standard of proof?

the burden of proof states that the party bringing the accused to court must be proven guilty however the standard of proof is the degree in which it must be proven. meaning that though they are both similar in their function, the burden of proof is to prove guilt, while the standard of proof how much it needs to be proven.

what are the types of crimes?

against person

property and deception offences

drug offences

public order and security

justice procedures and offences

other offences

what are crimes against person?

against individuals

Homicide, sexual assault, stalking, harassment.

what are crimes against property ?

arson, property damage, burglary, theft, breaking and entering

what are drug offences?

drug trafficking, dealing, manufacturing, using drugs, possessing drugs

what are public order and security offences?

weapons, explosives, public security offences (terrorism), disorderly offensive conduct

what are justice procedure offences?

perjury - giving false evidence under oath. contempt of court

examples of other offences?

regulatory driving offences, transport regulation offences

What are indictable offences?

These are serious criminal offences which would be heard by a judge if the accused pleads not-guilty.

examples include - homicide, culpable driving causing death and rape

what are summary offences?

Minor offences which are generally heard in the magistrates court and without a jury because they are less severe in nature.

examples include - drinking and driving, disorderly conduct and minor offences

what is culpability?

the degree to which people are responsible for their actions

What are the general defences to a crime?

Self defence

Mental impairment

Duress

Sudden or extraordinary emergency

Automatism

Intoxication

Accident

criteria for self defence

accused must

* believe that their actions were necessary
* have no other reasonable option in the time of the offence

criteria for mental impairment

accused must

* not have known due to little knowledge or awareness of their actions
* didnt know that their actions were that of wrong conduct or was not able to think about their conduct typically. (not under the influence of something, but that they were genuinely mentally impaired.)

criteria for duress

accused must

* have believed that they were under a threat of harm
* the threat would have been carried out unless the action was undertaken
* doing it was the only way to avoid harm
* have believed that it was a reasonable response to a threat

criteria of extraordinary emergency

accused can use this defence if

* there was a real sudden or extraordinary emergency
* actions were the only reasonable way out of dealing with the situation
* actions was a reasonable response

criteria for automatism

accused may use this defence if

* they were sleeping or sleep walking
* suffering from a concussion
* were the result of an epileptic seizure
* result of a true medical condition due to a side effect of a perscribed and properly used medication

criteria for intoxication

can be used if

* at the time of offence, their actions were involuntary, not planned out and without intent due to being intoxicated.
* was not self induced intoxication
* can also be the result of incorrectly but properly used perscribed medication

criteria for an accident

may be used if

* the actions were truly unintentional, involuntarily or reasonably unenforceable
* this also has the exception of strict liability for an accused to be found guilty

what is strict liability?

not needing the mens rea or the conscious planning of something to commit the crime or offence.

what does it mean to be unfit to stand trial?

that outside of the defences, the court may also deem someone unfit to stand trial but is still charged for their offence

why might someone be unfit to stand trial?

* unable to undertake a number of tasks at the time of trial
* unable to give a plea (guilty or not guilty)
* unable to follow the course of a trial
* unable to instruct their lawyer.

what is murder?

intentionally and unlawfully killing another person with malicious intent by someone who is over the age of discretion.

What is malice aforethought?

the intention to kill or seriously injure a person

having malicious intention

what is unlawful homicide?

* killing without legal justification
* meaning that they were not under legal discretion to kill another person.

examples of unlawful homicide

- murder, manslaughter, infanticide, child homicide, culpable driving causing death

what are the elements of murder?

unlawful

victim was another human being

accused is over age of discretion

accused victim's dead

accused had a sound mind

malice aforethought

defences of murder

\-all 6 elements must be proven

\-no malice aforethought

\-break in causation and actions didnt significantly harm or cause the victims death

\-not of sound mind during the offence

impacts of murder on the family

disruption of the family

family status and reputation

loss of a life

impacts of murder on the community

disruption of safety

loss of workplace productivity

impacts of murder on the offender

guilt or shame

loss of household income

diminishment of family social standing and wellbeing

what is rape

the act of intentionally sexually penetrating another person who did not give consent.

elements of rape

prosecution must prove

* there was sexual penetration
* no consent
* lack of reasonable belief that consent was given

defences of rape

they may argue that

* there was no sexual penetration
* consent was given
* there was reasonable belief that consent was given
* + general defences

impact of rape

family

* fear, trauma, injuries, mistrust

on community

* cost, loss of community, distrust in the law

offender

* medical treatments (if mentally impaired), legal costs, lost labour