2024 Y10 Pols & Law Semester Exam

Criminal Law

A body of law concerned with the punishment of those who commit crimes in order to protect society.

Civil Law

A system of law concerned with resolving disputes between two parties.

Common Law

A body of law developed by the Courts through the creation of Precedent.

Statute Law

A body of law developed by Parliament through passing Bills through both Houses of Parliament before receiving Royal Assent.

Adversarial System of Trial

System of trial used in Australia, in which the two sides of the case try to present and prove their version of the facts and disprove the other sides version.

Principles of Sentencing

The four key aims of sentencing which include; retribution, deterrence, protection of society, and rehabilitation of the offender.

Rule of Law

The principle that the law applies equally to everyone and is reflective of social values and expecations.

Totality Principle

The principle that Judges must apply sentences to offenders which reflect the severity of the crime without being too crushing as to limit any chance of rehabilitation.

Mitigating Factors

Any factors that reduce the culpability of an offender and therefore reducing the severity of a sentence.

Aggravating Factors

Any factors that enhance the culpability of an offender and therefore increase the severity of a sentence.

Mandatory Sentencing

A policy in which judicial independence is undermined through requiring judges to impose mandatory minimum sentences for certain crimes (such as three strikes rules and GBH).

Natural Justice

The group of principles that result in individuals being treated fairly in legal matters.

Wrongful Conviction

When the Courts or judicial system fails to achieve just outcomes through the wrongful conviction of an innocent person.

Impartial Adjudication

The principle of natural justice which states that a legal dispute should be fairly and reasonably arbitrated by a neutral third party such as a judge or a jury.

How Impartial Adjudication is Upheld

The judge ensures only admissible evidence is heard, determines sentence.

The jury determines the facts of the case, hear evidence and discuss to determine guilt.

Therefore, it is upheld by following due process and judgement by peers.

Hearing Both Sides

The principle of natural justice which states that parties in a dispute should be able to present their case and hear the case against them.

How Hearing Both Sides is Upheld

Dietrich v The Queen (1992) established a common law right to legal representation.

Legal aid is available and can be accessed for people with a low income.

Therefore, it is upheld by presenting each party’s best arguments and ensuring legal representation for all.

Evidence Based Decisions

The principle of natural justice which states that decisions should be based on admissible evidence.

How Evidence Based Decisions is Upheld

It is upheld by ensuring that the rules of evidence are followed, establishing fair and consistent and that evidence is not excluded from disclosure.

Rules of Evidence

There are strict rules about what evidence can be included in court and presented to the jury.

Admissible evidence

Any type of evidence legally obtained that can be used in court.

Inadmissible evidence

If evidence is: not relevant, contaminated/improperly handled, opinion, hearsay, witness was coerced/bribed.

Rules of Evidence

Rules governing the admissibility of evidence in trial courts, including the fact that evidence is inadmissible if it is hearsay, obtained illegally, or contaminated.

Open Trials

The principle of natural justice which states that the decisions of the Courts should be publicly accessible.

How Open Trials is Upheld

All court systems are open.

Jury trials.

Therefore, it is upheld as the decisions of the courts can be effectively scrutinised through this accountability mechanism, enhancing public confidence.

Andrew Mallard Case

In 1994, Pamela Lawrence was murdered in her jewelry store (WA), and Mallard immediately became a key suspect and was investigated by the police, as he allegedly “confessed” to the crime, leading to him being sentenced to 12 years in jail, with no physical evidence.

How Mallard’s Case Undermined Natural Justice

Hearing both sides: Mallard did not have access to a lawyer and was assumed guilty.

Evidence based decisions: Evidence was witheld, his alibi was excluded, and Mallard was fed information by an undercover police in order to frame him.

Open trials: hurt Mallard’s reputation and mental health

John Button Case

On the night of 1963, Anderson and Button had a fight, which led to Anderson going home by herself, when she got hit by a car. Button found her and she later died, which led to the police intensely questioning Button and threatening him into a false confession. He was found guilty of manslaughter and sentenced to 10 years in prison.

How Button’s Case Undermined Natural Justice

Impartial adjudication: despite strong evidence that Cooke murdered Anderson, the judges attempted to find flaws in his case in order to not have to reverse the sentence already given to Button.

Evidence based decisions: illegally obtained evidence should not have been admitted, evidence implying Button’s innocence was withheld/ignored, and he was forced to confess through coercion.

Majority Rule

The belief that the Government must act in the interests of the majority without undermining the rights of minority groups.

Equality of Political Rights

Those rights and liberties available to all citizens of a country (e.g. right to vote and stand for office).

Political Freedoms

Those rights and liberties available to all people living in a country (freedom of association, freedom of speech).

Political Participation

All the activities used by citizens to influence and take part in the political process (e.g. voting, direct action).

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states. Usually marked by stable populations and economies and defined borders.

Responsibility to Protect

A doctrine that says the United Nations must protect people within a state when that state violates or fails to uphold the rights and welfare of its own citizens.

Treaties

A Treaty (sometimes referred to as a Covenant, Protocol, Convention, Pact, Charter) is a formal agreement between multiple countries which outlines certain rules, procedures, protocols, or pledges that each country upholds.

Middle Power

A nation state that has strength in some dimensions (particularly political power) but tends to draw strength from alliances and membership of key organisations, have stable economies and populations, and have large landmasses or cultural influence.

Foreign Aid

Support given by more developed countries to developing countries in the form of financial and hard aid (such as healthcare, education, military support).

United Nations

An international organization formed after WWII to promote international peace, security, and cooperation.

UN Security Council

An organ of the UN which consists of 15 members and is responsible for promoting global peace and security.

Principles of Sentencing

The purposes of sentencing, in general the criminal system can use retribution, deterrence, protection and rehabilitation.

Retribution

Punishment for committing a crime in order to “right a wrong”.

Deterrence

To deincentivise individuals from committing such crimes by making them think twice about the action.

Protection

Protecting society from dangerous actors who are at risk of reoffending and causing harm to society.

Rehabilitation

Reforming an offender to reduce recidivism

Sentencing Factors

Factors that need to be taken into account when determining the “seriousness of a crime”. Can be the statutory penalty, mitigating or aggravating factors.

Mitigating Factors

Any factors that reduce the culpability of the offender and a reason for the sentence to be reduced. E.g. physical and mental health of defendant.

Aggravating Factors

Any factors that mean the sentence should be increased in severity. E.g. subjecting victims to deliberate and extreme pain.

Totality Principle

The idea that the sentence given to an offender must consider 2 elements: the sentence must reflect the seriousness of the offence (considering all factors), and that the sentence should not be “too crushing” as to give the offender no hope of a useful life after the sentence is served.

Sentence Options

The following sentence options can be used in criminal trials (which can be combined): imprisonment, community based sanctions, home detention, fines.

Imprisonment

Custodial sentences to serve in prison.

Community Based Sanctions

Education courses, community service, rehabilitation, intensive supervision.

Home Detention

(For offenders who are less risky) Staying at home and not being able to leave without permission.

Fines

Financial penalties for crimes.