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Legal Studies
Crime:
Key legal concepts and features of the legal system
· Crime: an act or omission committed against the community at large that is punishable by law. ... 121/122)
· Elements of Crime:
Mens Rea – mental state of offender (whether the offender intended, or knowingly risked the consequences of his/her conduct – ‘guilty mind’)
Actus Reus – the physical act, or omission
Causation – Who caused the death/offence – Cases Studies pg. ...
· The role of legal aid – Is the assistance given to those who come into contact with the legal system and who would be unable to assert their legal rights without this assistance. ...
Legal Issues and Remedies
· Creating social order through:
- Education – Campaigns are conducted to create public-awareness of what police are targeting. ...
· Assessing the efficiency and effectiveness of a legal measure in achieving justice: Need a current criminal justice issue that I’ve researched. ... This concept is a foundation tenet for our whole legal system and basic human rights. ...
- For Society – The effectiveness of the criminal legal system in achieving justice can be evaluated by using a different set of criteria:
- Resource efficiency – How effective and efficient is the criminal justice system in terms of the money spent on it? ...
- Sector - Efficiency test
The police and detection of criminals Clear-up rates
The legal profession and determination of guilt or innocence Innocence proved after guilt found
The magistrates and judges and effectiveness of sentencing Recidivism (repeated or habitual relapse into crime)
The correctional centres and the success of keeping offenders in them Avoiding escapes
The correctional centres and parole services, and the success of rehabilitation Recidivism
- Law as a reflection of community standards and expectations – For a law to be enforceable, it must be generally accepted by society. ... Commissioners with expertise will be brought in to work on particular areas
· Independence: both are independent of the interests and motivations of political parties, the bureaucracy or interest groups
· Authoritative: both have statutes within the legal profession and are highly respected by the government and parliament. ...
- New Technology: While it has always been a feature of law reform to keep the legal system in tune with social and technology change, this have become even more important as the pace of change has speeded up. ... Both the past and present will be evident in the laws and the legal system. ... Such areas standing in the way of access to the legal process and ways of measuring the legal system in terms of fairness, more efficient and more effective for all in the community can include: legal aid, alternative dispute resolution and the ombudsman and consumer complaint scheme. ... In legal circumstances, the term has been given a specific meaning as indicating something that contrasts with the strict rules of law. ... In the legal setting, equality before the law means that every person will have the same legal rights unless it can be shown that there is some rational justification for a person not to have the same rights. ...
- Distinguish between moral, customary and legal rights:
- Moral Rights: come from the principles f how a person is to behave as set out in religious beliefs. ...
- Customary Rights: refer ti implicit understandings and are based on trust (rather than the formal legal system).
- Legal Rights: are based on a legal system. ...
· The recognition of human rights under Australian law: common and statue law, evolving human rights; including the possibility of a Bill of Rights, recognition and enforcement of rights:
- Common law and statute law: The two legal foundations in Australia for the protection of human rights are the common law and statute law. ...
· Contemporary struggles for human rights, the changing understanding of human rights and the effectiveness of legal measures both domestically and internationally in addressing human rights issues:
- There are many examples of contemporary struggles for human rights.
Approximate Word count = 5107
Approximate Pages = 20.4
(250 words per page double spaced)
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