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Civics & Citizenship
humanities
| Question | Answer |
|---|---|
| Civil law definition | Civil law deals with disputes between individuals or organisations, often involving issues like contracts, property, or family matters. It doesn't involve criminal charges. |
| Manslaughter definition | Manslaughter is when a person unlawfully kills another person but without intending to do so. It's considered less serious than murder. Eg: Accidentally killing someone due to reckless driving. |
| Parole definition | Parole is the temporary or permanent release of a prisoner before the expiry of a sentence, on the promise of good behaviour. |
| Remand definition | Remand is when an accused person is held in custody while they are waiting for their trial or sentencing. |
| Criminal law definition | Criminal law deals with actions that are considered harmful to society as a whole. It involves crimes like theft, assault, rape or murder. Eg: Being charged and tried for robbery. |
| Rehabilitation definition | Rehabilitation is the process of helping an offender to change their behaviour and return to society as a law-abiding citizen. Eg: A prisoner takes part in a drug treatment program to avoid reoffending. |
| Deterrence/determent definition | Deterrence is the idea that creating a punishment for doing something will discourage the offender and others from committing crimes. Eg: Harsh drink-driving laws are used to prevent people from doing it. |
| Punishment definition | Punishment is the penalty given to someone who is found guilty of a crime. Eg: Being sent to prison or ordered to pay a fine. |
| What is an appeal | If a court makes a decision that may appear unjust to either party the accused or the victim can ask for a review of the decision |
| What are reasons to appeal a decision made by the court | The judge or Magistrate made an error in law. Or the punishment (sanction) appears too harsh or too lenient. |
| What is the age of criminal responsibility in Australia | 10 |
| What are spit hoods | Used to subdue youth deemed to be a danger to correctional staff or themselves |
| What is the difference between manslaughter and murder | Murder requires proof of intent to kill or cause serious harm, while manslaughter involves an unlawful killing without such intent, often due to negligence or recklessness. |
| What is the most serious sanction for a crime in Victoria | Imprisonment |
| Name 3 strengths of imprisonment as a punishment | -Takes away freedom, removes support networks, and can strip identity. - Can protect society by incapacitating offenders. -Offers chance to improve mental health and increase amount of offenders in employment housing |
| Name 3 weaknesses of imprisonment as punishment | - High financial cost - Can negatively impact health and well-being - High recidivism |
| Name 2 strength of imprisonment as a deterrence | - The thought of prison may stop people from committing crimes -60% of people released in 2020-21 didn't return within 2 years |
| Name 2 weakness of imprisonment as a deterrence | - Harsher punishments may have the opposite effect - According to UNSW research: Deterrence is largely a belief, with little actual effect |
| What is denunciation (sanction) | Denunciation means that the community will be told about your crime, what you did and why you have been punished the way you have |
| What is deterrence (sanction) | Used to expose and embarrass people with the purpose of deterring others or the criminal from committing the crime again |
| What forms can rehabilitation take | Rehabilitation might include drug and alcohol rehabilitation, anti-violence program and overall education |
| What roles do police play in criminal investigations | They gather information, interview witnesses and suspects, collect evidence, and determine if there's enough evidence to lay charges. |
| How many members in a jury | 12 |
| What is the role of the jury | - Members of the jury must listen to all of the evidence and then decide if the accused is guilty or not guilty. - Jurors can only find the accused guilty if they are convinced of the guilt beyond reasonable doubt. |
| What is the court hierarchy in Australia | High court Supreme court District court Magistrates court |
| What is lady justice a symbol of | A symbol of fairness and justice in the legal system |
| What does the blindfold on lady justice represent | Impartiality and Fairness - justice should be fair and unbiased, no matter who you are. |
| What do the scales on lady justice represent | Balance and weighing of evidence - to make fair decisions. |
| What does the sword on lady justice represent | Authority and Power - the power of the law to enforce justice. |
| What do the books on lady justice represent | Wisdom and Law |
| What is the role of the criminal jurisdiction of the supreme court | Based on arguments and evidence, the judge decides on the length of a prison term or other appropriate penalty. |
| What is the court of appeal | The court of appeal is part of the Supreme Court in each state or territory. If either party is unhappy with a decision in a lower court, that party can make an appeal to a higher court. |
| Name the 2 functions of the appeals process | - A process for error correction - A process of clarifying and interpreting law |
| What percentage of cases are heard in the Magistrates court | 90% |
| Name 2 examples of cases covered in the criminal jurisdiction of the Magistrates Court | - driving offences - theft - assault cases where the victim has received relatively minor injuries - public order cases - being drunk and disorderly in a public place |
| Bail definition | Releasing an accused into the community whilst awaiting trial |
| What is miscarriage of justice | A situation where an unjust or unfair outcome occurs in a legal proceeding |
| Name 7 miscarriages of justice | - Wrongful convictions - (Lack of) Access to legal representation - Bias and discrimination - Outdated practices - Corruption - Delays in proceedings - Inadequate laws |
| Name 4 factors that undermine the justice system | -Bribery -Coercion of witnesses -Trial by media -Court delays |
| What do police have to power to do | Police can question suspects, victims, and witnesses, take fingerprints and blood samples, search cars and people, arrest someone, and use reasonable force if needed. |
| How does bias affect the justice system | Bias can cause unfair treatment of individuals based on race, gender, or social status, undermining the fairness of trials. |
| Why is public trust important for the justice system | Because it ensures people respect the law, cooperate with authorities, and believe that justice is fair and effective. |
| Why is it important for appeals to happen in a timely manner | So that errors can be corrected quickly, ensuring fairness and maintaining confidence in the legal system. |
| What does it mean if the justice system is “undermined” | It means that factors like unfairness or corruption weaken the system’s ability to deliver justice properly. |
| What is bribery | Bribery is when someone tries to offer money, a gift or any other item of value to a judicial officer or any other public official in the expectation that the person will act in the briber's interests. |
| How does bribery impact justice | Bribery affects a fair trial because judges are no longer independent, witnesses may not tell the truth, and juries could make the wrong decision This means the trial is unfair and justice may not be served as the truth is not properly heard or considered |
| What is coercion of witnesses | Practice of forcing someone to act in an involuntary manner by using intimidation or threats, or some other form of pressure. Coercion of witnesses is against the law. |
| How does coercion impact justice | Evidence presented in court will become misleading and an incorrect verdict could result. An accused person who should be found guilty may instead be found not guilty, or an innocent person could be found guilty. This would make the trial unfair |
| What is trial by media | Media coverage can affect a person's reputation by making people think they are guilty or innocent before the trial. In Australia, there are laws that limit what the media can say after someone is arrested or charged to help keep the trial fair. |
| How does trial by media impact justice | If the media shares the accused's past crimes, breaks court rules or interviews witnesses, the judge or jury might form unfair views. Juries must only hear case facts and cannot do their own research, but media reports can make this hard to follow. |
| What are court delays | Delays can occur before the trial starts (from the date the case is committed, to the actual commencement date), or during the trial itself, making the court case longer than necessary |
| Name 5 reasons for court delays | 1.either side insufficiently or inadequately preparing its case 2.lack of legal representation 3.complex evidence and complex cases 4.witnesses facing difficulties in getting to court 5.either party using delaying tactics when in court. |
| How do court delays impact the justice system | Delays in trials can waste court resources cause evidence to be lost, and create stress for the accused, victims, and their families. Witnesses may forget details or become unable to testify. These delays can also make the public lose trust in the system. |
| 1 strength of imprisonment as rehabilitation | Imprisonment can provide access to rehabilitation programs that help offenders change their behaviour and reduce reoffending. |
| 1 weakness of imprisonment as rehabilitation | Prisons often lack the resources or environment needed for effective rehabilitation, limiting its success. |
| Justice delayed is justice denied | Referring to court delays and that they cause problems for the victims and accused. Example: Takes longer for victims to receive closure and accused to receive justice. |
| Examples of criminal law | Murder, rape, theft |
| Examples of civil law | Divorce, child custody, defamation, negligence |
| 2 examples of cases the supreme court hears | Murder and rape |
| Who can have their case heard in a children's court | Children aged 10 to 18 |
| Example of the justice system failing | An innocent person is being sent to prison wrongfully |
| Recidivism meaning | The chance of reoffending is high |
| Manslaughter MEANING | The unlawful killing of a human being with one of the two key elements of an unlawful killing |
| Jurisdiction definition | The power a court has to hear certain cases |
| What is the magistrate court civil jurisdiction | Civil matters involving less than $100,000 |
| What is a non parole period | The minimum time an offender must serve in prison before becoming eligible for parole |
| What are the roles of the court | The role of the courts is to examine an interpret evidence to determine guilt, deciding on a sentence/sanction, and protect the rights and freedoms of individuals |
Created by:
A-c-h
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