Law in Action: Assessment Task Revision and Case Study Analysis

Acquit

To find someone not guilty of a criminal charge.

Standard of Proof

The level of proof needed to win a case.

• Criminal law: “Beyond reasonable doubt” - Very high level of proof because a person’s freedom is at risk.

• Civil law: “On the balance of probabilities” - Means it is more likely than not that something happened.

Burden of Proof

The responsibility of proving a case.

• In criminal cases, the prosecution has the burden of proof.

• In civil cases, the plaintiff has the burden of proof.

Mens Rea

Latin for “guilty mind.” Refers to a person’s intention or knowledge that they were doing something wrong when committing a crime.
Example:

• Accidentally breaking a window = usually no mens rea.

• Intentionally smashing a window = mens rea exists.

Actus Reus

Latin for “guilty act.” The physical act of committing the crime. To prove most crimes, both:

• Actus reus (the act)

• Mens rea (the intention)

• must also be established, demonstrating that the defendant had the requisite mental state to commit the offense.

Legal Capacity

Legal capacity means the ability to make legally binding decisions and be held responsible by law. Different rights and responsibilities are granted at different ages.

Doli Incapax

Age of Criminal Responsibility

• Children under 10 cannot be charged with a crime.

10-13 presumed incapable of crime unless proven they understood their actions were wrong.

Criminal Law

Criminal law deals with offences against society and the state. The government prosecutes the accused.

Types of Crimes

Summary Offences

Less serious crimes heard in the Local or Children’s Court before a magistrate.
Examples:

• Shoplifting

• Vandalism

• Minor assault

Indictable Offences

More serious crimes usually heard in higher courts before a judge and jury.
Examples:

• Murder

• Armed robbery

• Sexual assault

Strict Liability Offences

Crimes where intent does not need to be proven.
Example:

• Speeding

Rights of Children in Criminal Processes

Children have special protections under the law.

Rights Include:

• Right to legal representation

• Right to remain silent

• Right to contact parents/guardians

• Interviews should usually occur with a support person present

Criminal Process]

Role of Law Enforcement Agencies

Police

Main law enforcement body. Responsibilities:

• Prevent crime

• Investigate offences

• Arrest suspects

• Maintain public order

Limitations of Police

• Limited resources

• Human error

Role of the Children’s Court

The Children's Court of New South Wales deals with criminal matters involving young people under 18.

Features

• Less formal environment

• Focus on rehabilitation rather than punishment

• Identity of children usually protected

• Magistrate hears most cases

Advantages

• Supports rehabilitation

• Protects young offenders

• Reduces long-term impacts

Limitations

• Some believe penalties are too lenient

Criminal Law – Protections and Limitations

Protections

• Presumption of innocence

• Right to fair trial

• Legal representation

• High standard of proof

• Appeals process

Limitations

• Expensive legal system

• Court delays

• Wrongful convictions can happen

Contract

A legally enforceable agreement.

Elements of a Valid Contract

1. Offer

2. Acceptance

3. Consideration (something of value exchanged)

4. Intention to create legal relations

5. Legal capacity

Breach of Contract

Occurs when one party fails to fulfil their obligations.

Remedies

• Damages (money compensation)

• Specific performance

Civil Remedies

Damages

Financial compensation.

Injunction

Court order stopping someone from doing something.

Specific Performance

• Criminal law punishes wrongdoing

Civil law compensates victims

Methods of solving disputes without going to court.

Types

• Mediation
    Independent mediator helps parties reach agreement.

• Conciliation
    Conciliator suggests solutions.

• Arbitration
    Independent arbitrator makes a binding decision.

Advantages of ADR

• Faster

• Cheaper

• Less formal

• More private

Limitations of ADR

• May not work if parties refuse cooperation

• Arbitration can still be expensive

Important Legal Principles

Presumption of Innocence

A person is innocent until proven guilty.

Rule of Law

Everyone is subject to the law, including the government.

Equality Before the Law

All people should be treated equally by the legal system.

Useful Legal Terminology