Law In Action - Commerce Yearly Year 10

mens rea

guilty mind

actus reus

guilty act

adversial system

method of trial where two opposing sides will present their arguments to an independant umpire

beyond reasonable doubt

standard of proof required

indictable offense

serious crimes that are heard in the District and Supreme courts.

public law

deals with disputes that affect the community

legal capacity

the ability of a person to do something

age of majority

18 years of age

age of criminal responsibility

10

criminal law

deals with how people should behave

accused

the person charged with a criminal offence

witness

a person who gives evidence in court after swearing an oath

victim

a person who is injured or killed by another person, or personally impacted by a crime

civil law

deals with non criminal matters involving disputes between individuals and organisations

contract

a legally binding document

negligence

when a person or an organisation fails to exercise reasonable care and cause damage to another person

UN Convention on the Rights of the Child (CROC) 1989

includes many aims and requirements for the treatment of children including certain rights for children under criminal law

UN CROC Article 40(3a)

encourages each country to have a minimal age below where children shall be presumed not to have the capacity to infringe the penal law

Approaches to Young Offenders

Welfare model

justice model

welfare model

assumes that the cause of crimes can relate to several factors and assists in rehabilitation

justice model

promotes a zero tolerance approach towards offenders of any age, emphasising punishment over rehabilitation

UN CROC Article 37(b)

no child shall be deprived of his or her liberty unlawfully

Section 8 of the Children (Criminal Proceedings) Act 1987 (NSW)

creates a presumption that children should not be arrested or detained unless the offence was a serious or violent one

children’s criminal proceedings

children’s court, the matter will be heard summarily (with no jury) before a single magistrate where their proceedings are conducted in a closed court in order to protect the identity of the child.

Section 6 of the Children (Criminal Proceedings) Act 1987 (NSW)

children have equal rights to adults, bear responsibility for their actions and require guidance 

The Children (Criminal Proceedings) Act 1987 (NSW)

the penalty imposed on a child shall be no greater than that of an adult for the same offence

penalties that apply to children

dismissal

conviction

adjournment

bond

youth justice conference

fine

probation

community service

youth justice conference

a meeting between a young offender, their victim and other people who know about the offence

UN Universal Declaration of Human Rights (UDHR)

30 human rights that apply to all people

Australian Human Rights Commission (AHRC)

funded by the federal government but operates as an individual entity where they are responsibile for investigating infringements of Australia’s anti-discrimination legislation

right

a moral or legal entitlement to have or do something

responsibility

a task you are required or expected to do

The Children and Young Persons (Care and Protection) Act 1998 (NSW)

the police or authorised officers of the Department of Community and Justices to remove children from their home and place them into care when they are subject to neglect or abuse.

Rights of Offender

has the right to silence, to a phone call at the police station, the right to an interpreter and medical attention

Rights of Victim

the right to protection from the offender, the right to information about the case, the right to access services

Rights of Defendant

the right to cross claim

Rights of Plaintiff

the right to seek damages

Rights of witnesses

the right to access support services

politicians

make new laws and change existing laws

police

enforces the laws as well as preventing and investigating crime

Australian Taxation Office (ATO)

helps to prevent tax crimes by collecting financial data from multiple sources and cross-checking with other law enforcement agencies to detect anomalies

Restorative justice

allows the victim and offender to discuss the situation face-to-face facilitated by a convenor

warnings

issued by police to a person and no criminal records occur

formal cautions

issued by a senior police officer for a more serious offence

customary law

guidelines for behaviours that have developed by Aboriginal and Torres Strait Islander peoples

circle sentencing

a circle of people sit together to attempt to devicde an appropriate sentence

UN peacekeepers

help to mentain peaceful interactions in countries through non-violent means

Article 5 of UDHR

no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment

Article 3 of UDHR

everyone has the right to life, liberty and security of person

Article 9 of UDHR

no one shall be subjected to arbitrary arrest, detention or exile

Article 11 of UDHR

everyone charged with a penal offence have the right to be presumed innocent until proven guilty