Unit 3 AOS 1 – Criminal Justice System
What is the standard of proof required to find an accused person guilty in a criminal trial?
Beyond reasonable doubt
Who bears the burden of proof in a civil dispute?
The plaintiff
Which section of the Australian Constitution states that Commonwealth law prevails over inconsistent State law to the extent of the inconsistency?
Section 109
What specific requirements must be met to satisfy the 'double majority' rule in an Australian constitutional referendum?
A majority of voters nationwide AND a majority of voters in a majority of states (at least 4 out of 6 states).
What command term requires you to "recognise similarities and differences and the significance of these"?
Compare
Name two rights guaranteed to an accused person under the Victorian Charter of Human Rights and Responsibilities.
(Any two of) The right to be tried without unreasonable delay, the right to silence, or the right to a trial by jury.
What are the two main types of remedies available in a Victorian civil dispute?
Damages and injunctions
Define 'residual powers' in relation to the Australian Constitution and give one example.
Law-making powers left exclusively with the states at Federation (not listed in the Constitution), such as criminal law, education, or public transport.
Identify two reasons why laws may need to be reformed over time.
(Any two of) Changing societal values, advances in technology, protection of rights, or responding to international obligations/events.
Define the principle of 'Equality' in the justice system.
Treating all individuals in the same way before the law, without bias or disadvantage.
Explain the difference between an aggravating factor and a mitigating factor in criminal sentencing.
An aggravating factor increases the seriousness of the offence/culpability (leading to a harsher sentence), while a mitigating factor reduces culpability (leading to a lighter sentence).
Distinguish between mediation and arbitration as dispute resolution methods.
Mediation involves an impartial third party who helps parties reach their own agreement (non-binding unless a deed is signed), whereas an arbitrator listens to both sides and makes a final, legally binding decision.
Describe how the Doctrine of Precedent operates when a judge applies statutory interpretation.
When a judge interprets the words of an Act of Parliament to decide a case, that interpretation creates a legal precedent that is binding on lower courts in the same hierarchy.
Outline the main role of the Victorian Law Reform Commission (VLRC) and the main reason for the stalking inquiry.
To conduct independent inquiries into legal issues referred by the Victorian Attorney-General and make recommendations for law reform to Parliament. Stalking inquiry (one of these) to examine Victoria's legal system and personal safety order framework in order to better protect victims, prevent harm, and improve how the justice system holds offenders accountable.
Explain how community legal centres (CLCs) support the principle of 'Access' in Victoria.
CLCs provide free or low-cost legal advice, information, and representation to disadvantaged individuals who cannot afford private lawyers.
Identify two main purposes of plea negotiations between the prosecution and the accused.
To resolve a criminal case efficiently without a trial (saving time/costs) and to secure a prompt guilty plea, often in exchange for reduced or dropped charges.
Explain two factors a plaintiff should consider before initiating a civil claim and why they should explain them.
(Any two of) The costs involved, the limitation of actions (time limits), or enforcement issues (whether the defendant can pay/comply).
Contrast the concepts of 'judicial conservatism' and 'judicial activism' in judicial law-making.
Judicial conservatism occurs when judges narrow their role to strictly interpreting existing law to avoid changing policy, whereas judicial activism occurs when judges consider broader social factors/rights to change common law precedents.
Evaluate the effectiveness of petitions as a method for individuals to influence law reform.
Petitions are easy to organise and directly alert Parliament to public concern, but Parliament is under no legal obligation to act on them or pass the requested legislation.
Distinguish between the command terms 'Explain' and 'Analyse'.
'Explain' requires giving a detailed account of how or why something occurs, while 'Analyse' requires examining relationships/implications, how/why, and drawing conclusions.
Evaluate how high legal costs can negatively impact the principle of access in the criminal justice system.
High legal costs prevent accused individuals without financial means from hiring quality representation, hindering their ability to properly present their case and navigate trial processes on an informed basis.
Explain two reasons for having a court hierarchy in resolving civil disputes.
Administrative convenience (allocating cases by complexity/value to manage court workload) and the provision of appeals (allowing a higher court to review decisions for errors of law).
Discuss one strength and one limitation of the Separation of Powers as a check on Commonwealth parliamentary power.
Strength: Ensures the judiciary remains independent to check legislative power. Limitation: Legislative and executive powers are combined in practice (Cabinet sits in Parliament), reducing executive scrutiny.
Explain the constitutional significance of the 1967 Referendum regarding First Nations people.
It enabled the Commonwealth Parliament to make special laws for First Nations people (s51 xxvi) and allowed them to be counted in the national census.
Explain how the Victorian Civil and Administrative Tribunal (VCAT) supports the principle of 'Fairness' in Victoria. (3 points needed)
VCAT supports fairness by using an informal hearing process that allows parties to present their case without strict rules of evidence and procedure, ensuring both sides are given an opportunity to be heard and present their version of facts. Additionally, VCAT members act as impartial adjudicators who actively assist unrepresented parties to ensure they understand the proceedings and process.