Terminology
The practice of putting an offender to death as punishment for a crime
Capital Punishment
The type of law involving cases where the parliament has declared some action to be illegal
Criminal law
The term used for the person who committed a crime and has been taken to criminal court.
Offender
When a third party helps those involved in a dispute to negotiate a solution acceptable to both sides
Mediation
A formal allegation that a person has committed an offence
Charge
An official document describing the goals and principles of an organisation
Charter
A person who gives evidence in court
Witness
The term for the person who committed a crime and has been taken to civil court.
Defendant
Identify one advantage and one disadvantage of resolving disputes without going to court
The advantages include:
the system is generally cheaper and quicker than going to court
it may create goodwill between the parties
it is more flexible, thus better able to meet the parties’ individual needs.
The disadvantages include:
people may opt for mediation because they cannot afford to go to court
it may lead to people surrendering their legal rights.
In the legal system, a promise to tell the truth as a witness
Oath
Similar to mediation except the conciliator can suggest possible solutions
Conciliation
The ability of a person to do something
Capacity
The term used for the victim in a civil trial.
Plaintiff
A method of resolving disputes whereby an impartial third party decides on a settlement arrangement that is then binding for the parties in the dispute.
Arbitration
The term given to the person who is charged with an alleged criminal offence
Accused
The failure to exercise proper care, which could result in another person being injured or suffering a risk
Negligence
They type of law that deals with non-criminal matters involving disputes between individuals and organisations
Civil law
Which of the following is not a right protected by the United Nations Convention on the Rights of the Child (CROC)?
Children have the right to express their opinions freely in all matters affecting them.
Children have the right to express their views, obtain information and give others information and tell them their ideas
Children have the right to be discriminated against based on their family background and social status
The government must respect a child’s right to freedom of thought, morals/conscience and religion
3. Children have the right to be discriminated against based on their family background and social status
What is customary law?
The guidelines for behaviour that have been developed by Aboriginal and Torres Strait Islander peoples. These laws are passed on by word of mouth and have not been written down.
What is the 4 main roles of police in our society?
- enforce the laws
- prevent and detect crime
- protect life and property
- maintain peace and order.
A person who agrees to pay another person's debt if they are unable or unwilling to pay themselves
Guarantor
The two elements that need to be proven to convict someone of a crime
Guilty act (from Latin, actus reus). This means that the accused actually committed the offence and did not just think about doing it.
Guilty mind (from Latin, mens rea). This means that a person must have intended to commit the crime.
List the 6 human rights we have according to the Bill or Charter of Rights
vote
freedom of religion
freedom of movement
own property
trial by jury
a fair trial.
Describe how circle sentencing operates?
Circling sentences is an alternative form of deciding criminal and civil punishments in New South Wales that tries to avoid imprisonment for Aboriginal offenders. It involves the victim, offender, Elders, lawyers, police and/or magistrates coming together and sitting in a circle to decide appropriate outcomes. This form of sentencing occurs only when the offender has pleaded guilty or has been found guilty of an offence.
What is the role of the United Nations?
To maintain world peace and protect the rights of global citizens through developing and maintaining peaceful interactions between social, ethnic or political groups.