legal key definitions U1AOS3

criminal law

• an area of law that defines behaviours and conduct that are prohibited (ie crimes)

• outlines sanctions for those who commit them

accused

• a person charged with a criminal offence but who has not been found guilty or pleaded guilty

prosecution

• party that institutes criminal proceedings against an accused on behalf of the state.

• includes prosecutor

victim

• individual or collective group, who has suffered physical, mental, emotional harm etc.

• caused by acts or omisions that violate criminal law

fairness

• one of the principles of justice

• means that all people can participate in the justice system

• processes should be impartial and open

equality

• one of the principles of justice

• means all people should be treated in the same way but if this creates disparity or disadvantage adequate measures should be implemented

access

• one of the principles of justice

• means all people should be able to engage in the justice system and its processes on an informed basis

enforcement body

• a person or entity authorised by legislation to administer, monitor or enforce compliance with laws

police

• body of individuals empowered by the state to enforce; law, protect public order, and ensure sftey, health and property

arrest

• act of law enfocement seizing a person suspected of breaching the law and placing them under lawful control

warrant

• formal legal document issued by authorised offical which empowers law enforcement to take specific actions

delegated body

• person or entity invested with the authority to make decisions, create regulations or exercise powers conferred upon them with the acts of parliament

secondary legislation

• laws made by the executive branch of governement

authority

• legal power, permission or right to exercise specific functions derived from the statute or common law

charge

• a formal accusation of criminal activity

conviction

• formal legal declaration by a court or jury that a person is guilty of a criminal offence

rights

• legal, social, or ethical entitilements and freedoms that define what people are allowed to do or owned, protected by law etc

discovery

• compulsory stage in civil legal proceedings where parties are required to share all relevent documents to the dispute with eachother

questioning

• formal process of asking a person questions to see determine their involvement in a criminal offence

legal representative

• person authorised to act, advise, and speak on behalf of someone else in legal matters

evidence

• refers to any information, objects, or testimony presented in court to prove or disprove a fact in a legal case

court hierarchy

• ranked structure of courts that determines which court hears a case based on the seriousness, complexity and money involved

original jurisdiction

• legal power of the court to hear a case for the first time

appellate jurisdiction

• legal power of a higher court to review, charges, or overturn decisions made by a lower court

appeal

• procedure where a person asks a higher court to review and change a decision made by a lower court or magistrate

leave

• authorised absence from work, allowing employees to take time off while maintaining employment status

point of law

• dispute or questions in a court case that focuses on how the law is interpreted or applied

litigation

• legal process of resolving disputes through the court system

jury

• a group of ordinary citizens, randomly selected who listen to evidence in a court trial and decide the final verdict

verdict

• final decision made by the jury or judge at the end of a criminal or civil trial

beyond reasonable doubt

• highest standard of proof, requiring the prosecution to prove an accused persons guilt.

deliberate

• means action was intentional, conscious and planned rather than accidental or done on impulse

ineligible jurors

• people who cant serve on a jury due to profession, legal status or inability to perform jury duties to ensure impartiality and effectiveness of the court process

disqualified jurors

• legally prohibited from serving on a jury due to criminal history, current legal issues or mental capacity

excused jurors

• person who has been summoned for jury duty but has formally been released from that obligation by the juries commisioner or judge for good reason

challenged jurors

• potential jury member who has been objected to by the defence or prosecution during selection process and is consequently removed from the panel

sanction

• penalty imposed by a court on a person guilty of a criminal offence

punishment

• one purpose of a sanction designed to penalise the offender, and show society and the victim that criminal behaviour will not be tolerated

protection

• one purpose of a sanction designed to safeguard the community from an offender by preventing them from commiting a further offence

deterrence (general and specific)

• specific: punishing a person to stop them from commiting the same crime again

• general: a legal sentencing goal aimed at discouraging the general public from committing crimes by making an example of an offender

denunciation

• court using a sentence to shout to the public and the offender that the behaviour is wrong, unacceptable and will not be tolerated

rehabilitation

• court ordered approach designed to fix the ‘why’ behind the crime

fines

• penalty payment required for breaking minor laws

penalty unit

• standard monetary value used to calculate fines for legal offences

• updated july 1st to match inflation

community corrections order

• flexible, non custodial sentence where an offender serves their punishment in the community rather then prision

mandatory conditions

• strict, non negotiable rules or obligations imposed by law, a court order or a contract that must be followed

special conditions

• custom rules added to a property contract that override the standard, or preprinted terms

imprisonment

• most severe form of sentencing order avaliable to a court where an offender is confined in a prison for a set period

concurrent sentence

• legal order where 2 or more terms of imprisonment or detention are served at the same time

cumulative sentence

• is a legal order where an offender serves multiple prison sentences one after the other, rather then at the same time

culpability

• measure of how blame worthy an offender is for their actions

mitigating factors

• details about the offender or their crime that the court considers when deciding on a sentence

aggravating factors

• specific details about a crime or offender that makes the offence more or serious and increase the penalty imposed by a court

guilty plea

• offender formally admits guilt, which is then considered by the court when sentencing