Crime
What phrase translates to ‘guilty mind’?
Mens Rea
What is 'doli incapax'?
A Latin term meaning 'incapable of doing wrong'.
The three formal statements of human rights that make up the 'International Bill of Rights'
UDHR (1948), ICESCR (1966), ICCPR (1966)
‘Buyer beware’ the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
Caveat Emptor
Property crimes like larceny and robbery are examples of which broader category of offences?
Economic Offences
How long is the period during which police can detain a suspect for questioning, after which they must be charged or unconditionally released?
6 hours
Provide one example of a collective right.
Environmental and peace rights, or the right to self-determination
The principle that nations may govern themselves without external interference. A barrier to the enforcement of international law.
State Sovereignty
What is the standard of proof for criminal matters and who has the onus to prove this?
Beyond Reasonable Doubt and the Prosecution has the onus.
What defence applies to situations where an offender acts under coercion or pressure?
Duress
One argument FOR and one argument AGAINST a charter of rights.
FOR - It is easier to access these rights from one source - E.g. a Charter of Rights.
AGAINST - A Charter of Rights would represent the current values of our society when it is written, these values can become outdated.
Principles which ensure that the operation of courts are fair and just.
Procedural fairness
What is the difference between 'aggravating' and 'mitigating' circumstances?
Mitigating = a circumstance that makes the offence less severe.
Aggravating = a circumstance that makes the offence more serious.
Identify the purposes of punishment.
Deterrence (specific & general), incapacitation, retribution, rehabilitation
Three ways that the Australian constitution supports human rights protections.
The separation of powers doctrine
The division of powers between the commonwealth and the states
Express and implied rights
The nature of the constitution as a document that is difficult to amend/ change
The two latin terms referring to the guilty act and the intent involved in a crime.
Actus Reus and Mens Rea
Criminal infringement notice, fines, cautions, community service orders, imprisonment etc.
Give two examples of a white collar crime.
Embezzlement, tax evasion, insider trading
What are the main categories of contemporary slavery?
Forced labour, debt bondage, sexual slavery
The difference between the Division of Powers and the Separation of Powers.
The Division of Powers refers to how power is divided under the Australian Constitution among state and federal governments - exclusive, concurrent, and residual powers.
The separation of Powers refers to separating the government executive, legislature and judiciary to prevent abuses of power.