Legal Studies HSC Review Flashcards

This set of vocabulary flashcards covers key concepts, legal terms, and legislation across the Nature of Crime, the Criminal Justice Process, Human Rights, Workplace Law, and Family Law units of the HSC Legal Studies course.

Actus Reus

Meaning 'guilty act', it refers to the physical commission of the crime by the accused person.

Mens Rea

Meaning 'guilty mind', it refers to the intention of the accused person to commit the crime while knowing their actions were wrong.

Strict liability

An offence where the prosecution only needs to prove that the accused carried out the act, without the need to prove intent.

Causation

The 'casual link' between the accused's actions and the result, meaning the initial act directly caused the crime.

Homicide

Offences against the person categorized into four main groups: murder, manslaughter, infanticide, and dangerous driving.

Treason

An offence against the sovereign involving acts directed against the head of state or intentions to levy war against the state.

Sedition

The crime of urging another person to use force or violence to overthrow the government.

White collar crime

Non-violent, financially motivated economic offences such as embezzlement, tax evasion, and insider trading.

Preliminary crimes

Crimes that precede the commission of a crime or where the crime was not completed, categorized into attempts and conspiracy.

Summary offences

Less severe offences heard by a magistrate in a local court with a maximum penalty of 2 years in prison, or 5 years for multiple offences.

Indictable offences

Severe offences heard by a judge and jury in a district or supreme court, such as murder, rape, or assault.

Principal in the first degree

The person who actually commits the criminal act and is directly responsible for it.

Accessory after the fact

A person who assisted the principal offender after the criminal act was committed.

Situational crime prevention

Strategies based on rational choice theory, such as police patrols and neighborhood watch, designed to deter crime by weighing gains against risks.

LEPRA

The Law Enforcement (Powers and Responsibilities) Act 2002 NSW, which codifies and governs special police powers.

Discretion

The authority of police, judges, or prosecutors to use their own judgment in deciding how to handle legal incidents.

Bail

The conditional release of a person until their case is determined by the courts.

Remand

A special type of detention where a person accused of a serious crime is held in custody until their case is decided for community safety.

Adversary System

The system of trial in Australia where the prosecution and defence resolve disputes or decide guilt before an impartial adjudicator.

Magistrate

A judicial officer who presides over hearings in the local court and determines judgments for summary proceedings.

Director of Public Prosecution (DPP)

An office that employs barristers or solicitors to prosecute indictable and some summary offences on behalf of the state.

Burden of proof

The responsibility of the prosecution to prove that the accused committed the offence.

Standard of proof

The level of proof required in criminal matters, which is 'beyond reasonable doubt'.

Complete defences

Mitigating circumstances that require an acquittal, such as mental illness, self-defence, or automatism.

Hung jury

A situation where the jury cannot reach a verdict, resulting in a dismissed case and an ordered retrial.

Specific deterrence

A purpose of punishment aimed at a particular offender to discourage them from reoffending in the future.

General deterrence

Punishment designed to send a message to the rest of the community that the law will punish certain conduct.

Recidivism

Occurs when a criminal returns to the same patterns of behavior or lifestyle that led them to offend initially.

Penalty units

A calculation method for monetary fines (currently $\$110$ in NSW) used to ensure penalties keep pace with inflation.

Circle sentencing

An alternative court for adult Indigenous Australians that involves community members and a judge discussing the crime and appropriate sentence.

Doli incapax

A legal presumption for children aged 10-13 that they are incapable of forming criminal intent.

Transnational crimes

Profit-motivated criminal acts that cross national borders, such as trafficking, money laundering, and cybercrimes.

ICC

The International Criminal Court, established by the Rome Statute to prosecute genocide, crimes against humanity, and war crimes.

UDHR

The Universal Declaration of Human Rights (1948), a non-binding but influential document setting out 30 fundamental rights.

State Sovereignty

The principle that a state holds supreme authority over its territory and affairs without external influence.

Separation of powers

The division of the state into three branches: the legislature (law makers), the executive (government), and the judiciary (courts).

Contract for service

An agreement where a person performs specific tasks for another without being an employee, such as a plumber.

National Employment Standards (NES)

Ten minimum employment standards that apply to all employees and act as a safety net that cannot be undercut.

ADVO

Apprehended Domestic Violence Order, a court order listing behaviors a defendant must not do to protect a person in a domestic relationship.