HR/ Crime
how do sovereign states best uphold international obligations with regards to human rights
domestic legislation
Define the self-determination of IP and provide an example
land rights
to determine what it means to live well according to our own values and beliefs.
objectives of Environment Protection and Biodiversity Conservation Act 1999 (Cth) (NEED X2)
provide for the protection of the environment, especially matters of national environmental significance
conserve Australian biodiversity
provide a streamlined national environmental assessment and approvals process
enhance the protection and management of important natural and cultural places
control the international movement of plants and animals (wildlife), wildlife specimens and products made or derived from wildlife
promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources
recognise the role of Indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity
promote the use of Indigenous peoples' knowledge of biodiversity with the involvement of, and in cooperation with, the owners of the knowledge.
What is an indictable offence? Provide an example
Serious offence
Murder, manslaughter assault
What is a summary offence
A less serious offence heard in local court
Define human rights
UDHR
inherent, inalienable and universal
Why are IGO's so important
IGOs that are formed by treaties are more advantageous than a mere grouping of nations because they are subject to international law and can enter into enforceable agreements among themselves or with states.
locus standI
STANDING
It refers to the requirement that a person or group have sufficient interest in the subject matter to bring an action
What is a mitigating factor
information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.
Define Actus reus and Mens Rea
Guilty Act
Guilty Mind
if Bob murders Frank who determines if the evidence in this case is admissible in court.
Supreme Court Judge
Explain the Intervention - what are the opinions of this
The Howard Government's Northern Territory National Emergency Response Act 2007, commonly referred to as ‘the Intervention’ introduced measures such as additional police officers in Indigenous Australian communities, restrictions on alcohol, and the provision of welfare payments to parents based on their child’s school attendance.
Many Indigenous Australian leaders, the Northern Territory Government and the Australian Human Rights Commission have all expressed criticism of the program, stating that it demonstrates further discrimination against Indigenous Australians
However, some Indigenous and community groups did support it.
4 ESD principles:
Biodiversity (UN Convention on Biological Diversity)
Intergenerational Equity (Principle 3 Rio Declaration)
Intragenerational Equity (Principle 5 Rio Declaration)
Precautionary Principle (Principle 15 Rio Declaration
Explain Situational Crime Prevention and provide an example
aims to increase risk and/or minimise making the commission of a criminal act too difficult
eg - education, surveillance, lighting, alarms, locks, breath testing
Why might Legal Aid not be granted to an accused persons
they do not meet the means test
what cases do the following court hear
local
District
supreme
high
It deals with most criminal matters including summary offences, which are crimes such as stealing, assault and possession of drugs.
More serious offences are referred to the District or Supreme Court after a committal hearing in the Local Court. eg serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences
It deals with the most serious criminal matters, including murder and treason.
Hears matters of original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
explain UNDRIP
HOW MANY ARTICLES DOES IT HAVE
46 ARTICLES
The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007.
The Declaration is the most comprehensive international instrument on the rights of Indigenous peoples.
Some of the funds and specialised agencies of the UN to deal with environmental issues include: (3)
- United Nations Environment Programme (UNEP)
-Intergovernmental Panel on Climate Change (IPCC)
-United nations Educational, Scientific and Cultural Organisation (UNESCO)
Explain Social Crime Prevention
This may involve youth diversion programs, supporting at risk communities and family intervention programs.
Define duress
threats, violence, constraints, or other action used to coerce someone into doing something against their will
What are two NGOs that promote human rights
Amnesty International
human rights watch
international crisis group
Australian aboriginal justice agency
HOW MANY STOMACHES DOES A COW HAVE?
1 - SPLIT INTO 4
SOFT LAW V HARD LAW
PROVIDE EXAMPLES OF EACH
Soft law - non-binding declarations of principles or standards
Hard law - legally binding international treaties and protocols
Which court hears traffic offences (must mention all courts)
Local court unless the individual is under the licensable age then it would be in the children's Court
Explain police discretion
the freedom and authority given to police officers to make decisions based on their own judgement, within the boundaries of the law