Law & Citizenship

Criminal Law

A body of law that defines criminal offences, regulates the trial process, and fixes penalties to protect society.

Civil Law

Resolves disputes between individuals or organisations, focusing on compensation rather than punishment.

Presumption of Innocence

The principle that an accused person is innocent until proven guilty.

Burden of Proof

The prosecution's responsibility to prove the accused's guilt beyond a reasonable doubt.

Beyond Reasonable Doubt

The standard of proof required to convict in criminal cases—no logical doubt can remain.

Mens Rea

Latin for "guilty mind"—refers to the intention or knowledge of wrongdoing.

Actus Reus

Latin for "guilty act"—refers to the physical act of committing a crime.

Strict Liability Offences

Crimes that do not require intent (mens rea); the act alone is enough to be guilty.

Indictable Offences

Serious offences (e.g., murder) usually heard in higher courts before a judge and jury.

Summary Offences

Less serious offences (e.g., petty theft), usually dealt with in the Magistrates' Court.

Victim

Someone harmed or affected by a criminal act.

Accused

A person charged with committing a crime.

Prosecution

The legal team presenting the case against the accused.

Defence

The legal team supporting the accused and disputing the charges.

Sanction

A legal penalty for a criminal offence.

Mitigating Factors

Circumstances that reduce the severity of a sentence (e.g., remorse).

Aggravating Factors

Circumstances that increase the severity of a sentence (e.g., violence).

Deterrence

Aims to discourage future criminal acts by the offender and the public.

Rehabilitation

Aims to reform the offender for reintegration into society.

Denunciation

Expresses society's disapproval of the offender's actions.

Retribution

Punishment as revenge or justice for the offence.

Protection

Keeping the community safe from offenders.

Lady Justice

A symbol of fairness and impartiality in the justice system.

Blindfold (Lady Justice)

Represents impartiality—decisions should not be influenced by status or emotion.

Scales (Lady Justice)

Represents fairness and balance in judgement.

Sword (Lady Justice)

Represents justice's power—can be used for or against the offender.

Offences Against the Person

E.g., assault, murder, manslaughter.

Offences Against Property

E.g., theft, burglary, arson.

Offences Against the State

E.g., terrorism, treason.

Traffic Offences

E.g., speeding, drink driving.

Drug Offences

E.g., possession, trafficking.

High Court of Australia

Final court of appeal; handles constitutional matters.

Supreme Court

Deals with the most serious indictable offences (e.g., murder).

County/District Court

Handles most indictable offences.

Magistrates' Court

Hears summary offences and conducts committal hearings.

Court Hierarchy Purpose

Allows for specialisation, appeals, efficiency, and precedent setting.

Jury Role

12 citizens determine guilt in serious criminal trials based on evidence.

Jury Verdict

Must be unanimous or a majority (depending on jurisdiction).

Sentencing Purpose

Deterrence, rehabilitation, denunciation, retribution, protection.

Imprisonment

Most serious penalty—removes freedom.

Fines

Monetary penalties for less serious crimes.

Community Correction Orders

Supervised service with potential treatment programs.

Diversion Programs

Rehabilitation-focused, for minor offences without criminal record.

Trial Process Step 1

Investigation: Police gather evidence.

Trial Process Step 2

Charge: Formal accusation made.

Trial Process Step 3

Bail or Remand: Release or custody until trial.

Trial Process Step 4

Committal Hearing: Checks for enough evidence for trial.

Trial Process Step 5

Trial: Prosecution and defence present cases; judge/jury decides.

Trial Process Step 6

Sentencing: Judge decides penalty if guilty.

Juvenile Justice System

Applies to 10-17 year olds with a focus on rehabilitation.

Doli Incapax

Presumes children under 14 can't commit crime unless proven they understood it was wrong.

Children's Court

Court for youth offenders focusing on rehabilitation.

Victims' Rights

Includes right to be informed, give a Victim Impact Statement, seek compensation.

Police

Investigate crimes and arrest suspects.

Courts

Determine guilt and impose legal sanctions.

Juries

Decide verdict in indictable offences.

Legal Aid

Provides legal help to those who can't afford it.

Corrections

Manages offenders post-sentencing (e.g., prison, parole).

Victim Services

Support and advocate for victims of crime.