Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
POL
Political law
| Define: sanction A punishment given to a person found guilty of a crime. Severity depends on the severity of the crime. |
| Which Act guides judges and magistrates when sentencing in Victoria? The Sentencing Act 1991 (Vic) |
| Define: fairness Impartial and just treatment without favouritism or discrimination. Severe penalties for severe crimes, and everyone gets a proper chance to present their case. |
| Define: equality The state of being equal in status, rights or opportunities. Everyone before the courts is treated the same regardless of sex, gender, race, religion or culture. |
| What is the one-line difference between equality and fairness? Equality treats everyone the same; fairness treats people differently depending on their situation. They must be balanced. |
| Define: access Everyone is able to use the resources, procedures and institutions of the legal system, and can get help and advice about their case. |
| Define: crime An act or omission against society that is punishable by law. |
| Which Act covers crimes in Victoria? The Crimes Act 1958 (Vic) |
| Define: rehabilitation A purpose of sanctions designed to reform an offender so they do not commit offences in the future. |
| Define: court hierarchy The ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with. |
| Define: jurisdiction The power of a court to hear and decide the outcome of legal cases. |
| Define: recidivism The tendency of a convicted offender to reoffend after being sentenced or released from prison. |
| Name the three principles of justice Fairness, equality, access |
| Lady of Justice: what do the SCALES represent? Weighing the evidence fairly for both sides. All evidence must be considered carefully and impartially. |
| Lady of Justice: what does the SWORD represent? The power and authority of the law and the consequences of breaking it. Justice should be swift and final. |
| Lady of Justice: what does the BLINDFOLD represent? Impartiality. Justice delivered without fear, favour or prejudice, uninfluenced by wealth, race, gender or religion. |
| Give a court example of EQUALITY being upheld An accused with English as a second language is given a free interpreter so they can follow proceedings like anyone else. |
| Give a court example of FAIRNESS being upheld The accused's lawyer can cross-examine prosecution witnesses before the magistrate decides. |
| Give a court example of ACCESS being upheld A 16-year-old from a low-income family is given a Legal Aid duty lawyer instead of having to self-represent. |
| A judge says "people like you are usually guilty" and refuses to hear the defence. Which principle is broken? Fairness and equality. Judges, magistrates and juries must be impartial and unbiased. |
| Define: rule of law Everyone, including individuals, groups and government, is bound by and must adhere to laws, and laws should be such that people are willing and able to abide by them. |
| Name two ways the rule of law is applied Any two of: presumption of innocence, an impartial judge, separation of powers, everyone equal before the law, accountable authorities, an independent justice system. |
| How does the presumption of innocence create fairness? The prosecution must prove guilt beyond reasonable doubt, so the burden sits with the well-resourced state, not the individual, and nobody is punished on suspicion alone. |
| How does the separation of powers uphold the rule of law? Law-making, law-enforcing and law-deciding powers are held by separate bodies, so no one body has total control and government itself can be found to have acted unlawfully. |
| Who in Australia is NOT subject to the law? Nobody. Everyone including government is bound by the law. |
| What are the five requirements of the rule of law? Everyone equal before the law, authorities accountable, human rights protected, laws fair and clearly enforced, an independent justice system. |
| Mahsa Amini: failure 1 - accountability The morality police, a government authority, arrested and detained her. After her death authorities denied responsibility and restricted investigations. |
| Mahsa Amini: failure 2 - human rights She was detained over a minor clothing issue and allegedly subjected to violence. The rule of law exists to protect people from abuse of power. |
| Mahsa Amini: failure 3 - independence Investigations and courts must be independent and transparent, but authorities controlled the narrative and limited public scrutiny. |
| What is the key point of the Mahsa Amini case? The rule of law is not just about having laws. It is about how power is used, how people are protected, and whether leaders are answerable. |
| How does the High Court uphold the rule of law? It interprets the Constitution and can strike down laws that exceed parliament's power. |
| How does the DPP uphold the rule of law? It decides prosecutions independently of political influence. |
| How does the AEC uphold the rule of law? It runs free and fair elections independently, so power changes hands lawfully. |
| Name the five characteristics of an effective law Be clear and understood, be known, be enforceable, reflect society's values, be stable |
| What happens if a law is not enforceable? People are less inclined to follow it because there is no real prospect of being caught or punished. The law becomes symbolic and loses authority. |
| Give an example of an unenforceable law Flying a kite to the annoyance of another person in a public place. It carries a fine but is never realistically detected or prosecuted. |
| What does "laws must reflect society's values" mean? Laws should match what the community believes is right and wrong at that time, and must change as attitudes change so they remain relevant and respected. |
| Give an example of a law changing to reflect society's values In 2018 Australia's marriage laws changed to allow same-sex couples to marry, following a public vote in favour. |
| Why must laws be known? If people do not know about a law they cannot follow it. Law-makers must keep the public informed of new laws. |
| Why must laws be clear and understood? If a law is ambiguous or written in jargon, people may not follow it and it will be ineffective. |
| Why must laws be stable? If laws constantly change, nobody is certain what the law is, which damages trust, planning, fairness and consistency. |
| Which TWO characteristics do Victorian COVID-19 laws best demonstrate? Known and enforceable |
| How were COVID-19 laws KNOWN? Communicated clearly through daily press conferences, government websites and media coverage. |
| How were COVID-19 laws ENFORCEABLE? Police were given powers to issue on-the-spot fines and enforce compliance, which increased adherence. |
| Why are COVID-19 laws a WEAK example of stability? They changed constantly, so people could not be certain what the law was from week to week. |
| Why is "students must not behave inappropriately in certain areas at unsuitable times" ineffective? It is not clear or understood. What is inappropriate, which areas, which times, and who decides are all unanswerable. |
| Define: social cohesion The willingness of people in a society to cooperate, follow shared rules and look out for each other so everyone can live safely and successfully. |
| What rights does a cohesive society protect? Individual rights such as freedom of speech, the right to vote and the right to silence. |
| My Little Town: what was the initial incident? Brenton Chaplin, 20, drove at high speed with a blood alcohol reading around 0.085, hit a pole and killed his best friend Leigh Charter Jnr, also 20. |
| My Little Town: what happened months later? Leigh Charter Snr, the father of the deceased, went to the Chaplin home in apparent revenge, murdered Brenton's mother, seriously injured his father and brother, stabbed his cousin, then took his own life. |
| My Little Town: what was Chaplin convicted of? Culpable driving. He was sentenced to jail. |
| My Little Town: how did it disrupt social cohesion? Charter Snr rejected the legal system and took the law into his own hands, replacing shared rules with private revenge. The town split into sides and lost its sense of safety. |
| My Little Town: did the legal system protect social cohesion? Partly. Chaplin was charged, convicted and sentenced, but the system failed to prevent the retaliation, showing punishment alone does not restore cohesion. |
| Name the five purposes of sanctions Punish, protect, rehabilitate, denounce, deter |
| Purpose of sanctions: PUNISH To penalise the offender and show society and the victim that criminal behaviour will not be tolerated. |
| Purpose of sanctions: PROTECT To safeguard the community from an offender and prevent them committing a further offence, often by imprisonment. |
| Purpose of sanctions: REHABILITATE To reform an offender in order to prevent them committing offences in the future. |
| Purpose of sanctions: DENOUNCE To demonstrate the community's disapproval of the offender's actions. |
| Purpose of sanctions: DETER To discourage the offender and others from committing these crimes in future. |
| Difference between general and specific deterrence General deterrence discourages everyone in the community. Specific deterrence targets the individual offender. |
| What sits at the bottom and top of Victoria's sentencing scale? Bottom: a warning or fine. Top: imprisonment. |
| Scenario: drunk and disorderly, public nuisance. Which purpose? Deterrence, specifically specific deterrence. Minor offending, likely a fine, aimed at stopping this person repeating it. |
| Scenario: payroll worker steals $35,000 over 12 months. Which purpose? Denunciation, with punishment. It was planned, repeated and a serious breach of trust. General deterrence is a strong second answer. |
| Scenario: aggravated burglary injuring the homeowner. Which purpose? Protection. A violent offender who entered a home poses ongoing risk, so imprisonment removes them from the community. |
| Scenario: speeding 45km/h over in an 80 zone. Which purpose? Deterrence, both general and specific. Road safety sanctions aim to discourage the wider community as well as this driver. |
| Explain deterrence as a purpose of sanctions It discourages crime through the threat and reality of punishment. It is less effective for crimes driven by addiction, mental illness or impulse. |
| Explain rehabilitation as a purpose of sanctions It reforms the offender by addressing the underlying causes of offending through treatment, counselling, testing, education and supervision. The focus is behaviour change, not punishment. |
| Which court is an example of rehabilitation in action? The Drug Court. Offenders undergo rehabilitation, counselling, regular testing and court supervision, with lower reoffending rates than prison. |
| What sanctions can repeat drink drivers face? Imprisonment, alcohol interlock devices and permanent licence cancellation. |
| Exam tip: what must you always add when naming a purpose of sanction? At least one reason linking it to a feature of the scenario, such as planned, violent, first offence, repeat or addiction-driven. |
| What is the general principle about the elements of a crime? There is no guilty act without a guilty mind. Most crimes have two elements. |
| Define: actus reus The physical element of a crime. The action, or inaction or omission, a person must engage in to be found guilty. |
| Define: mens rea The mental element of a crime. The person's state of mind when they engaged in the act. |
| Which words signal mens rea in a law? Knowingly, intentionally, maliciously, recklessly |
| Give a scenario that challenges "no guilty act without a guilty mind" Strict liability offences such as speeding. The driver has the actus reus but arguably no mens rea, and is still guilty, because requiring intent would make the law unenforceable. |
| The sleepwalker scenario: is it a crime? No. The actus reus may be present but there is no mens rea at all, because he was not conscious of his actions. |
| Define: summary offence A minor criminal offence, generally heard in the Magistrates Court by a magistrate with no jury. |
| Which Act covers summary offences? The Summary Offences Act 1966 (Vic) |
| Give three examples of summary offences Drink driving, minor assault, speeding, offensive language in public |
| Define: indictable offence A serious offence usually heard by a judge and jury if the accused pleads not guilty, in the County or Supreme Court. |
| Give three examples of indictable offences Murder, drug smuggling, kidnapping, armed robbery |
| What is the final hearing called in the Magistrates Court? A hearing |
| What is the final hearing called in the County or Supreme Court? A trial |
| What is an "indictable offence heard summarily"? A serious offence under the Crimes Act that fits the criteria to be heard as a summary offence in the Magistrates Court. |
| What is the criteria for an indictable offence to be heard summarily? The crime has a jail sentence of 10 years or less. |
| Current age of criminal responsibility in Victoria 12. Raised from 10 under the Youth Justice Act 2024 (Vic). A child under 12 cannot commit a criminal offence. |
| What is doli incapax? Children aged 12 and 13 are presumed incapable of crime unless the prosecution proves they knew their actions were seriously wrong, not merely naughty. |
| Classify: arrested for armed robbery Indictable. Serious violent offence, tried by judge and jury in the County Court. |
| Classify: public nuisance and fist fight outside a pub Summary. Minor public order offending heard by a magistrate. |
| Classify: stealing a $1,900 iPhone from a store Indictable heard summarily. Theft is indictable but the value is low and the maximum penalty is 10 years or less. |
| Classify: stalking someone for 6 weeks at work, gym and walking track Indictable heard summarily. Stalking is indictable under the Crimes Act but is routinely dealt with in the Magistrates Court. |
| Classify: driving 140km/h in a 60 zone, narrowly missing pedestrians Indictable heard summarily. The extreme speed and endangering pedestrians pushes it beyond ordinary speeding into dangerous driving. |
| Which structure do you use for a "distinguish" question? Define term 1, use comparative language such as whereas, define term 2, give an example of each. |
| List the Victorian court hierarchy from lowest to highest Magistrates Court, County Court, Supreme Court Trial Division, Supreme Court Court of Appeal, then the High Court of Australia above all. |
| Which court has two divisions and what are they? The Supreme Court. The Trial Division and the Court of Appeal. |
| Which specialist courts sit alongside the Magistrates Court? Koori Court, Children's Court, Coroners Court, Family Court |
| Jurisdiction of the Magistrates Court Summary offences and indictable offences heard summarily. Also bail applications and committal hearings. Magistrate alone, no jury. |
| Jurisdiction of the County Court All indictable offences except murder, serious drug cases and treason. Examples include culpable driving and aggravated assault. |
| Define: culpable driving A driving offence resulting in the death of a person due to the driver's reckless indifference and failure in their duty of care. |
| Define: aggravated assault Assault with a weapon or violence. |
| Jurisdiction of the Supreme Court Trial Division All indictable cases, including all homicide-related cases, including those involving youth offenders. |
| Jurisdiction of the Supreme Court Court of Appeal Hears appeals from both the County Court and the Supreme Court Trial Division. |
| Why would a case go to the Court of Appeal? The party must have grounds for appeal, such as an error of law, an unreasonable verdict, or a sentence that is manifestly excessive or manifestly inadequate. |
| Give two examples of appeals An offender appeals to have a guilty verdict overturned, or to have a prison sentence reduced. The DPP can also appeal a sentence it considers too lenient. |
| In a trial, who decides guilt and who sentences? The jury determines guilt. The judge manages the trial and sentences the offender if found guilty. |
| Which court hears bail applications and committal hearings? The Magistrates Court |
| Which court hears all homicide cases? The Supreme Court, Trial Division |
| Which court does not require a jury for a criminal case? The Magistrates Court |
| What is the Koori Court? A specialised, less formal sentencing division of the Victorian Magistrates Court designed for Aboriginal defendants. |
| Can an offender plead not guilty in the Koori Court? No. It is a sentencing court only, so the offender must plead guilty. It does not run trials. |
| How does the Koori Court operate differently? It involves Elders and Respected Persons, families and community, and uses plain language around a shared table rather than a raised bench. |
| Do the Koori Court and Magistrates Court have the same power? Yes. Both apply the same laws and have the same sentencing power. The difference is process, not authority. |
| Which three Koori Courts exist in Victoria? Koori County Court, Koori adult Magistrates Court, Koori Children's Magistrates Court |
| What statistic justifies the Koori Court? On 30 June 2023 Aboriginal and Torres Strait Islander prisoners were 33% of all prisoners in Australia, while First Nations peoples are 3.8% of the population. |
| Why was the Koori Court established? To reduce over-representation of Aboriginal people in the justice system and reduce the cultural differences that disadvantage Indigenous offenders in traditional courts. |
| Koori Court: what is the "ripple effect"? Offending harms not just the victim but the offender's family and the wider Aboriginal community. |
| Koori Court: what does "we've got to look back to be able to look forward" mean? Reconnecting with culture, identity and history is what allows a person to change their future behaviour. |
| Who can attend the Koori Court? The offender, Elders and Respected Persons, family and community members, the magistrate, lawyers and the Koori Court officer. |
| Distinguish a prison from a jail A prison holds convicted and sentenced offenders long term with higher security and structured programs. A jail or lock-up holds people short term awaiting court or bail, or serving very short sentences. |
| Prison strength 1: structured programs Education, vocational training, drug rehabilitation and counselling improve literacy and job skills, address substance abuse and support mental health, helping reintegration. |
| Prison strength 2: removal from negative environments Separates offenders from criminal peer groups, drug-use environments and violent or unstable living situations, allowing reflection in a supervised setting. |
| Prison weakness 1: high reoffending Many prisoners return to jail, suggesting programs do not address underlying trauma, mental health issues, poverty or lack of employment. |
| Prison weakness 2: negative environment Maximum-security facilities expose inmates to violence, institutionalisation and further criminal influences, reinforcing a criminal identity rather than reform. |
| Lockdown: cause 1 of women entering prison Drug and alcohol addiction. Many offend to fund a dependency or offend while affected. |
| Lockdown: cause 2 of women entering prison Family violence and trauma, often from childhood, leading to substance use or offending connected to a violent partner. |
| Lockdown: cause 3 of women entering prison Poverty and economic disadvantage, including unemployment and homelessness, pushing women toward property and fraud offences. |
| Lockdown: which purposes of sanction is the facility serving? Primarily rehabilitation and protection, with punishment present through the deprivation of liberty itself. |
| Lockdown: how does the facility achieve rehabilitation? It addresses the causes of offending through drug and alcohol programs, counselling for trauma, mental health support, and education and vocational training for employment on release. |
| What is the limitation of prison as rehabilitation? It only works if root causes are genuinely addressed. High recidivism rates suggest that for many women they are not. |
| Command term: DEFINE Give the meaning. One or two sentences. |
| Command term: IDENTIFY Name it. No explanation needed. |
| Command term: OUTLINE Brief summary of the main features. |
| Command term: DESCRIBE Give a detailed account with features. |
| Command term: EXPLAIN Give reasons. Say why or how, not just what. |
| Command term: DISTINGUISH Show the difference between two things using comparative language. |
| Command term: COMPARE Show similarities and differences, linked together, not two separate paragraphs. |
| Command term: ANALYSE Break into parts and examine the relationship between them. |
| Command term: EVALUATE Make a judgement and justify it. Strengths and weaknesses, then a verdict. |
| What does KLIC stand for? Key knowledge, Limiting factors, Information, Command term. |
| Biggest mark-loser in a distinguish or compare question Writing two separate paragraphs with no linking word. Always use whereas, in contrast or in comparison to. |
Created by:
Ishxsingh
Popular Law sets