Legal Studies - Test Syllabus/Evidence

Crime

The act or omission that results in harm to society and is punishable by the law.

Themes and Challenges

• the role of discretion in the criminal justice system

• the role of law reform in the criminal justice system

• the extent to which law reflects moral and ethical standards

• the extent to which the law balances the rights of victims, offenders and society

• issues of compliance and non-compliance in regard to criminal law

• the effectiveness of legal and non-legal measures in achieving justice

Actus Reus

The physical act of carrying out a crime.

Mens Rea

The mental state of the accused in the commiting of the crime.

Strict Liability Offence

An offence in which only the elements of actus reus will need to be shown.

Causation

The sufficient link between the actions of the accused and the result.

Homicide

Unlawful killing of an individual, including deliberate and non deliberate.

Murder

The deliberate unlawful killing of another person. The most serious homicide offence.

Domestic Violence

Violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or partner.

Manslaughter

The non deliberate murder of an individual. Carries a level of Mens Rea and therefore sentencing compared to Murder.

Infanticide

A type of manslaughter referring to the death of a under 12 month baby dying at the hands of its mother.

Assault

The offence of causing physical harm to another person.

Drug Offences

Acts involving prohibited or restricted drugs, can include; cultivation, production, supply and trade, possession or use.

Economic Offences

Crimes that can result in an individual losing property or sums of money.

Larceny

The property offence of theft.

Robbery

The use of force being present in the act of stealing goods or property.

Break and Enter

When an individul/s enters a room or builsing with the intention of commiting an offence known as burglary.

White Collar Crimes

Non-violent crimes committed for financial gain through deceit and concealment, usually done by wealthier/powerful individuals.

Embezzlement

The misappropriation of the another individual’s property or money that has been entrusted to them.

Tax Evasion

A person/companies attempt to avoid paying taxes to the government

Insider Trading

The buying and selling of company shares with the possesion of confidential inside information about a company that will affect its share price.

Computer Offences

Various crimes related ot hacking and unauthorised access or modification of data.

Public Order Offences

Offences that are offensive, indecent or/and cause a general nuisance and obstruction to the general public.

Preliminary Crimes

Offences that precede the commision of a crime, or where the crime has not been completed.

Regulatory Ofences

Regulation or loacl laws that adress a range of day-to-day situations and standards (usually within delegated legislation).

Summary Offences

Less serious offences that incure less severe penalties, heard by a magistrate in the local court.

Indictable Offences

Serious offences such as assault, has severe penalties, heard in the district court or above with a judge and jury.

Principle in the First Degree

The person who carries out the criminal act.

Principal in the Second Degree

Present during the crime but not the main individual.

Accessory before the Fact

Individual helping before the crime has been committed.

Accessory after the Fact

Individual helping after the crime has been committed

Social Factors

Factors that have influences an individual's attitude towards the crime, such as; their social groups, family situation or personal relationships.

Economic Factors

How individuals from disadvantaged backgrounds are more likely to commit courts due to financial needs/wants.

Political Factors

How the current sovereign or state may pose conflicting ideologies and ideas, sparking offences against the sovereign or state.

Social Strategies

The conditions in communities that influence behaviour that may lead to crime (social factors), including poor home environment and parenting, social and economic disadvantaagel attendance and early contact with the police and other authorities.

Situational Strategies

Reducing the opportunity for crime to occur in situations through measures, such as; CCTV, dye release tags on clothing, designated no alcohol zones, target hardening devices such as lighting, alarms and locks.

LEPRA and its powers

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Allows officers to:

• Arrest

• Search and Seize

• Recommend Bail

• Use Technology

• Gather Evidence

• Use Reasonable Force

• Detain and Interrogate

Police Power Reforms

• The Crimes (Serious Crime Prevention Orders) Act 2016 NSW

• The Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 NSW

• Knife Crimes: Summary Offences Act 1988 and LEPRA

Warrants

A legal document issued by a magistrate or judge and authorises a police officer to perform a particular act.

Further Checks on Police Power

Warrants may need to be seeked out from court in order for an officer to use a particular power, such as making an arrest or using a phone tap, however two further checks on police powers include;

• Police Integrity Commision

• NSW Ombudsman

Arrest

The act of detaining a person, usually in response to a crime. The conditions for arrest are listed under LEPRA.

Summons

An official legal document which requires the person to whom it is adress to attend court on the stated day.

Detention and Interrogation

The maximum detention period with no charge in NSW is 6 hours, not including times for transport, and breaks for food and water.

Rights of Suspects

• The right to remain silent

• The right to a lawyer

• The right to an interpreter (if they have difficulty with English)

• The right to contact a friend or family member

• The right to basic needs like food or water

• Police must identify themselves

• Individual needs to be informed they are under arrest

• Give caution before questioning

Bail

The temporary release of an accused person awaiting trial, sometimes on certain conditions, such as lodgement of a sum of money as a guarantee.

Remand

The accused being held in custody when bail is denied.

Who can grant bail

Police, Local Court, Supreme Court, Court of Criminal Appeal.

The Show Cause Test

The person arrested and charged must justify the unfairness surrounding them being placed in remand.

Unacceptable Risk 

An individual will be refused bail if there is an unacceptable risk that if released from custody, they are at risk of obstructing justice or endangering community safety, examples include fail to appear in court, commit a serious offence on bail, endanger the safety of anyone in the community, non-compliance issues, interference with witnesses or evidence. If these risks are manageable bail may be granted with conditions.

Sexual Violence

Sexual activity or behavior that occurs without clear, free or ongoing consent.

The criminal investigation process

A systematic approach to gathering evidence and information after a crime has been committed, which can lead to an arrest and prosecution

Criteria for evaluation of effectiveness

PEARRJAM

• Protecting individual rights

• Enforceability

• Accessibility

• Resource efficiency

• Responsiveness

• Justice, has it been achieved?

• Application of the rule of law

• Meeting society’s needs

Criminal Justice System

How judgements are delivered and justice is achieved through the utilisation of the legal system, govermental agencies and instiutions.

The Crimes Act 1900 (NSW)

The primary source for criminal law in NSW, defining and outlining the majority of criminal offences.

The Criminal Procedure Act 1986 (NSW)

Sets out the rules and procedures for how criminal cases are processed, and is responsible for the fundamental separation of crime, such as indictable from summary.

Bail Act 2013

The principal piece of legislation that provides the legal frameworj for a wuthority to make a decisions about whether a person acused of an offence should be detained in custody or released, it had the unnaceptable risk test, and in the 2014 amendment is added the show cause test