Lecture Notes on Social Cohesion, Justice, and Criminal Law

Vocabulary flashcards for exam review, covering social cohesion, the legal system, and criminal law.

Social Cohesion

The presence of strong relationships and bonds that unite society and encourage cooperation, alongside an absence of war and conflict.

Role of the Legal System

Parliament creates laws, judges decide cases and ensure fairness, courts hear cases and they decide guilt or innocence, police enforce the law and try to keep society safe.

Fairness

Principle that all people can participate in the justice system and its processes should be impartial and open.

Equality

Principle that all people engaging with the justice system and its processes should be treated in the same way without disparity or disadvantage.

Access

Principle that all people should be able to engage with the justice system and its processes on an informed basis.

Reflects Society's Values

A characteristic of an effective law in that the law upholds what the majority of society accepts and believes in.

Enforceable

A characteristic of an effective law, in that it is possible to monitor whether people abide by a law, allowing consequences to be provided to those who do not.

Known

A characteristic of an effective law in that people are aware of a law and any changes to it, with adequate time being provided to become familiar with any new laws or changes.

Clear and Understood

A characteristic of an effective law in that individuals can comprehend the requirements of a law and are able to abide by it.

Stable

A characteristic of an effective law in that a law should not change so frequently that it is difficult to keep up with.

Role of Parliament

A legislative body, comprised of elected representatives, that is primarily concerned with creating the laws of the society it represents.

Role of Courts

A legal institution concerned with the interpretation and application of laws to resolve legal disputes

Parliamentary Supremacy

The legal concept that parliament has the freedom to make, amend, or abolish laws, subject to constitutional limits, and is supreme over other government branches

Codification

The process of parliament confirming common law, precedent by enacting legislation to give effect it legal principles.

Abrogation

The process of parliament overruling common law by creating s statute contrary to a court decision.

Common Law

The body of law derived from judicial reasoning and past decisions.

Doctrine of Precedent

A rule in which judges must follow the reasons for decisions given by superior courts in the same court hierarchy when deciding a case before them with similar facts.

Ratio Decidendi

A judges reasons for a decision in a case, which establishes a new legal precedent.

Statutory Interpretation

A process whereby the courts give meaning to the words in a legislation when applying the legislation to a case.

Standing

The requirement that in order to bring a case to court, an individual/group must be affected by or have a special interest in the issues involved in a case.

Statute Law

The body of law that comprises laws made by parliament, also known as legislation.

Delegated Legislation

Law that is not made directly by an Act of Parliament but under the authority of an Act of Parliament.

Specialisation

Courts develop expertise in areas of law by hearing matters that are similar regularly.

Appeals

Dissatisfied party may pursue to have a court's decision reviewed by a higher court.

Administrative Convenience

Systematic belief of distributing legal matters among courts by complexity and severity.

Doctrine of Precedent

Judges must follow reasons for decisions (ratio decidendi) given by superior courts in the same court hierarchy when a case has similar facts.

Criminal Law

An area of law that aims to protect society from harm by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct.

Civil Law

An area of law that defines the rights and responsibilities of individuals, government entities, and organisations, and provides a legal framework for when these parties interact with each other.

Deterrence

The act of discouraging an offender or other individuals from reoffending or committing similar crimes through the imposition of a criminal sanction.

Justice

The idea that people are to be treated in an manner that is fair, that people should be held accountable for their actions, and adequately compensated when they have suffered harm.

Protection of Society

A purpose of criminal law that aims to reduce danger and chaos in society and prevent individuals from experiencing harm.

Minimum Standards of Behaviour

The expectations established in criminal law that intends to regulate how each person in society should act and establish the punishments they will receive if they do not act in a certain way.

Rule of Law

The principle that the law applies to everyone equally regardless of status.

Presumption of Innocence

The right for all accused persons to be presumed innocent until it is proven otherwise beyond reasonable doubt.

Burden of Proof

The responsibility of a party to prove the facts of a case.

Standard of Proof

The degree to which the facts of a case must be proven in court.

Actus Reus

A guilty or wrongful act.

Mens Rea

A guilty mind.

Murder

Voluntarily causing the death of another person with malice afterthought and without lawful excuse.

Strict Liability

Offences where there is no need to prove any mental elements of the crime for a person to be found guilty.

The Age of Criminal Responsibility

Is the required age of an offender in order for them to be prosecuted for a criminal offence.

Doli Incapax

A legal presumption that assumes that a child between 10-14 is mentally incapable of committing a crime.

Crimes Against a Person

Criminal offences where a person is harmed.

Crimes Against Property

Criminal offences that involve using force or deception to obtain, damage, or destroy property.

Murder

The action of intentionally or recklessly causing the death of a human.

Actus Reus (of Murder)

The guilty act.

Causation

The relationship between an event or action and a resulting event.

Mens Rea (of Murder)

The guilty mind.

Malice Aforethought

The state of mind of an offender in a murder case to cause death or serious bodily harm.

Intentional Murder

The type of mens rea requiring an accused to have acted with a conscious desire to, or foresight that their actions almost certainly would cause harm to the victim.

Reckless Murder

The type of mens rea requiring an accused to have engaged in conduct that they would reasonably foresee as being capable of causing harm to the victim.

Grievous Bodily Harm

A severe injury that typically involves a victim sustaining permanent or serious disfiguring.

Malice Aforethought

The state of mind of an offender in a murder case to cause death or serious bodily harm.

Manslaughter

Unlawfully causing the death of another person without malice afterthought.

Criminal Negligence

A type of mens rea that requires the accused to have failed to behave with a level of care that a reasonable person would have exercised under the same circumstances.

Automatism

Actus reus assesses voluntariness. E.g. sleepwalking, concussion. Can be used as a defence if these impact the individuals ability to voluntarily perform an act.

Duress

The legal recognition that a person has committed a crime while acting under compulsion due to a threat.

Self-Defence

The legal recognition that a person may lawfully use force or threat of force in order to prevent unlawful harm against themselves or another.

Sanction

A penalty imposed by a court or an authorised body on an offender when they plead guilty or are found guilty of a crime.

Victoria Police

Their role: Prevent crime, Investigation, Prosecution.

Australian Federal Police (AFP)

Their role: Investigating serious and organised crime offenders that have a federal aspect, Exclusive jurisdiction in airports, Guarding parliament house, Policing the ACT.

Delegated Body

A specialised government agency that has been given authority from parliament to make and enforce laws within its areas of specialisation.

Vicroads

Ensure compliance with certain road and traffic rules, prosecute offences such as the false completion of learner permit logbooks and minor traffic offences according to road and traffic regulations.

Local Councils

Enforce local laws such as parking fines and planning regulations that affect local communities.

Victorian Workcover Authority (Worksafe Victoria)

Oversee and enforce compliance with health and safety laws in workplaces across victoria.

Punishment

The infliction of pain or loss to ensure an offender is adequately penalised and held accountable for their crimes and the impact on victims and society as a whole.

Deterrence

The action of discouraging an offender, or other individuals, form reoffending or committing similar crimes, through the imposition of a criminal sanction.

Protection

The act of ensuring offenders do not pose a significant risk to the welfare and safety of their victims and broader society.

Denunciation

The act of publicly condemning an offender's criminal behaviour.

Rehabilitation

The act of restoring an offender to normal life as a law-abiding member of the community after they have engaged in criminal activity.

Sanction (Penalty)

A penalty imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime.

Fines

Monetary penalties paid by the offender to the state of victoria.

Community Correction Order

Flexible sentencing order that allows the offender to remain in the community while serving the sanction.

Imprisonment

Involves the removal of the offender from society and into a secured facility (jail or prison).

Culpability

A measure of the degree to which an individual can be held legally responsible for a criminal act.

Mitigating Factors

Aspects of an offence or the offender that render the offending less serious and can lead to a less severe sentence.

Aggravating Factors

Aspects of an offence or the offender that render the offending more serious and can lead to a more severe sentence.

Guilty Plea

A full admission of guilt by an accused person of an offence for which they have been charged.

Victim Impact Statement (VIS)

A written or verbal statement made to the court about the effect of an offence upon the victim.