AOS2 Proving Guilt

• DP1: Purposes of criminal law

  
  

  Protect Society: Setting standards about what is deemed morally correct/incorrect.

  Promotes Justice: By providing processes to deal with offenders and ways to enforce laws

  Protect individuals: By punishing perpetrators for harm instead of relying on goodwill

  Protect property: Protect both privately owned and public property

  
  

  How does this achieve these purposes?By upholding to the roles that the legal system has in social cohesion

  Courts and Tribunals (apply the law)

  Parliament (Lawmakers)

  Law Enforcement (Law enforcers)
• DP2 Presumption of Innocence (Principles)

  Principles

  • Everyone is presumed innocent until proven guilty
  • Everyone has a right to a fair trial
  • Laws will be adminstered with a jury
• DP2 Presumption of Innocence(Definiton)

  Definition: Provides guarantee to a person accused of a crime that they are entitled to be treated as innocent until a charge against them is beyond reasonable doubt
• DP2 Presumption of Innocence

  How the justice system upholds the Presumption of Innocence(1&2)

  1. Burden of proof on the prosecution

  2. Strong standard of proof beyond reasonable doubt
• DP2 Presumption of Innocence - How the justice system upholds the Presumption of Innocence (3&4)

  
  

  3. Police must believe a crime was committed before they can arrest anyone

  4. Person arrested and charged can generally apply for bail but may be blocked by low socioeconomic status
• DP2: Presumption of Innocence - How does the justice system uphold this?(5&6)

  Right to legal representation to defend your innocence

  A person's previous convictions arenot revealed in court until sentencing process begins - removes preconceived bias

  Right to appeal for wrongful conviction
• Actus Reus

  The action (or inaction) a person needs to be engaged in to be found guilty of an offence
• Strict Liability

  Crimes that have no mental element in their legal definition, and as such, the mens rea does not have to be proved by the prosecution
• Mens rea

  Person's state of mind when committing the crime and the intentions behind it
• Doli Incapax (Incapable of Evil)

  The intention that individuals are incapable of wrong and applies to children's 10 - 13 in Australia - If the prosecution wants to charge individuals against this age bracket they have to find evidence that goes against this legal principle
• The Age of Criminal Responsibility

  The age that is person is liable to be charged with a crime
• Burden of Proof

  Party that has the onus and responsibility to prove the facts of the case - usually on the party that brought forward the case -> e.g. the prosecution
• Standard of Proof

  Refers to the standard of proof the prosecution must have to prove the accused guilty - In criminal law, the prosecution must prove the case beyond reasonable doubt
• Types of crime

  • Crimes against the person
  • Crimes against property
  • Hate Crime
  • Juvenile Crime
  • White-collar crime
• Crimes against the person

  Are criminal offences where a person is harmed and involve causing harm to another person or a threat to cause harm to another person
• Crimes against property

  Are criminal offences that involve using force or deception to either obtain, damage or destroy property -> May involve money, personal property or land
• Hate Crime

  Motivated by prejudice and bias against another
• Juvenile Crime

  Committed by a young offender
• White-collar crime

  Committed by businesspeople, govt officials or anyone else in the corporate world
• Summary Offences

  Minor offences and less serious crimes that are generally heard in the Magistrates Court before a Magistrate
• Indictable Offences

  Major offences and serious crimes generally heard in the County/Supreme court (depending on the nature of the case) before a jury and a judge
• Principal offender

  The person who committed the offence (committed both the actus reus (act of the crime) and has the mens rea (intentions for committing the crime))
• Being 'involved' in the crime

  The law states that a person 'involved in the crime' is also taken to have committed the same crime and is responsible for the crime to the same degree as the principal holder
• Accessory

  Knows that the principal offender has committed a serious indictable offence and helps prevent the principal offender from being arrested, prosecuted and punished