The Legal System
Define the rule of law
- no person or government is above the law
- laws must be clear, fair and consistently enforced
- Only actus reus needs to be proved.
- Many traffic offences are strict liability offences.
What are 5P and which nations are apart of it?
- china, russia, UK, US and france
Identify ONE police power
Investigate crimes
Make arrests (if necessary)
Interrogate suspects
Gather evidence against the accused
Grant or recommended whether bail should be granted
What is an NGO?
Non-governmental Organisation
Compare common and statute law
common law: made by judges in court
statute law: written and passed by legislative bodies (parliament)
Define crime
- an illegal act or omission that is punishable by law.
Name TWO defining features or characteristics of human rights.
human rights are inalienable and universal
Explain why it is important to minimise the time a person spends on remand
It protects the fundamental human rights such as the right to be free from arbitrary detention and reduces systematic costs !
What is procedural fairness
- the legal principle that ensures decision-making processes used by authorities, courts, and employers are fair, transparent and unbiased.
Define ratification
- official approval or confirmation of a prior act, agreement or treaty that makes it fully binding and enforceable.
Define recklessness
- the accused was aware that their action could lead to a crime being committed, yet they chose to act in that manner anyway
Define state sovereignty
- where a state has absolute authority to govern itself, make its own laws, and manage its territory without outside interference
When and why is bail granted?
Bail is granted after the accused has been charged and when they're given bail if they are not an unacceptable risk to society
What is the role of an ombudsman
- investigates and resolves complaints from citizens or consumers against government agencies, companies, or organizations
- divides government functions into separate independent branches
summary: less serious criminal matters
indictable: serious or grave criminal matters
What is R2P and what does it aim to prevent?
- responsibility to protect
- genocide, war crimes, ethnic cleansing and crimes against humanity
- the highest legal standard of proof required to convict a criminal defendant
- requires prosecution to prove guilt so that jury has no logical doubt
Why does Australia NOT have a Bill of Rights?
- its founders chose to rely on the British tradition of parliamentary supremacy and common law
What is the division of powers
- splits law-making authority between different levels of government
Distinguish the target of situational and social crime prevention
situational: the physical environment and immediate setting
social: the social background and personal traits of offenders
What is the treaty of Westphalia and what year was it created?
- 1648
- was the birth of the modern concept of independent nation-states and global diplomacy.
Under what circumstances can police search someone without a warrant?
- reasonable suspicion
- if the individual provides consent
Describe transnational crimes with an example
- a crime that violates multiple countries laws
- human trafficking.