The Importance Of Criminal Law

Submitted By georgialennnard
Words: 1649
Pages: 7
Open Document
voL.5

NO. l0 NOV 20il

niio$

By Mohan Dholl, Legol Studies Teocher, PLC Croydon, NSW

Critrle - Evidence and Defences
The State has much power and the citizens of a State must be protected fiom the arbirary abuse of power by the State. The law enforcemenr arm of the State can detain people suspected of criminal actMq', can

EVIDENCE ACT I 995 - SECT l4l - Criminat proceedings: standard of proof

interrogate, can lay charges and can bring matters before the courts. Given the dispariry of power beween an indMdual and the State it is important that the State power be limited through the imposition of standards on law enforcement officials. Several laws detaii how the police should conduct themselves in regard to criminal law matters.
Three such laws are,

(l)

ln a criminal proceeding,the couft is not ro find the case of the prosecution proved unless it is satisfied that it has been proved beyond reasonable doubt.

(2) ln a criminal proceeding, rhe courr is to find the case of a defendant proved if it is satisfied that the case has been proved on the balance of probabilities.
Sourcez hnp:/ / www. austlii. cdu. au/ au,/le g1s/ rsw/ consol_act,/ ea 19 9 5 80/

. . .

Law Enforcement (Powers and Responsibilities) Act 2002 Bail Act 1978 Evidence Act 1995

sl4l.htm!

Law Enforcement (Powers ond Responsibilities) Act 2002
This law details the powers of law enforcement officers and conditions under which they can be used. Such powers include the power to stop and search vehicles and people, search and seize property, to get s per.son's identitv, tc use sniffer degs, tc set up ioa* blocks and stop vehicles, to manage traffic, to effect an arrest and use reasonable force whilst doing so, interrogare and lay charges, hold suspects for up to 4 hours without a detention warrant. Further, special powers are associated with management of public disorder.

Note that the standard of proof on the State (the prosecuting party) is beyond reasonable doubt. This is a very high threshold and guarantees that there is a limit on the abuse of power by the State. Note that the standard on the defence team is lower, on the balance ofprobabilities. This standard is appropriate as, if on balance the defer-ice case is likeiy to be right, then there must be enough doubt for the prosecution case to fail. In terms of defences this means that when the defendant or the accused brings a defence then the onus shift to them to prove that defence but only on the baiance of probabilities.

Evidence
Evidence is material brought to the court by the parties in order to strengthen their version of the events under scrutiny. It may take a number of different forms:

Boil Act 1978
This law details the offences for which there is a presumption of bail and those for which there is not. Over time the presumption of bail has been weakened.

.

Physical materials such as documents (eg bank sratements and phone records), weapons, money, drugs, and other such things that strengthen the prosecution case;

'
.

Evidence Act 1995
This law clearly delineates the thresholds that must be achieved for proof of a civil offence and also for a criminal.offence. It also enunciates what evidence is admissible in court and the forms of evidence that are not acceptable. The standard of proof for criminal matters is detailed in s141 as follows:

Elecronic material such as video and CCTV surveillance footage, text message records, phone tap recordings, emaii downloads and the like;
The statements made by witnesses. These are written accounts or testimony of people who saw, heard and,/or were involved in the actMties. This evidence is subject to vigorous scruriny by the opposing party and to justification by the party bringing the evidence;

.

Expert testimony provided by expert witnesses. These are impartial experts called to the court to provide an expert professional opinion about evider-Lce. The prosecution team usually calls them in
Show More

Related Documents: The Importance Of Criminal Law

Legal Studies Essay

Legal Studies An ongoing debate between community interests and individuals and freedoms has been prevalent during the past century within the criminal justice system. The aim of law to protect the community both as a whole and on a personal level has created a hazy border between these two goals as police powers were increased. It can be argued that the rights of the society as whole has created continuous infringements of the basic human rights and the right to freedom. Although it has been largely…

Words 669 - Pages 3

Legal studies Essay

Marketing-2 reports Finance Operations- multiple choice Marketing-2 reports Finance Operations- multiple choice Marketing-2 reports Finance Due to the interest in my Modern History essay guide, I have decided to come up with one for Legal Studies. Most people will notice that it is similar to my modern one – that is because essays for both of these subjects are similar in style and approach. As a general note, this guide is mainly designed for students who are struggling with essay writing…

Words 2128 - Pages 9

Legal Studies Essay

Legal Studies 1. Individual Rights which means all people have the fundamental rights which are also personel in character and these rights are universal and applies to all people at all times and the collective rights include rights for alll persons at all times and occur as a result of the social nature people. 2. Group and Collective Rights these rights arise on the basis of people living with others and they cannot be exerciseed personelly and the Collecive Rights are those that arise by virtual…

Words 316 - Pages 2

VE Legal Studies

Unit 3 VCE Legal Studies – the Constitution and the protection of rights 1 A bill of rights which does not allow the courts to declare legislation invalid 2 A human right expressly protected in the Constitution – freedom of religion Section 3 A right that exits because courts have interpreted that it is implied or inferred in the wording of the Constitution 4 A human right expressly protected in Constitution – trial by jury (Cwlth cases) Section 5 USA Bill of Rights – what is the second amendment…

Words 336 - Pages 2

Legal Studies Essay

meaning of crime Crime is an act or omission committed against the community at large that is punishable by the state. Crimes are made as a result of moral and ethical judgments by a society. They also vary from state to state e.g. in Australia it is legal for sex outside of marriage and the consumption of alcohol whilst in other countries it’s not. A crime is any conduct which violates the rights of the community at large. The crime will be punishable by a recognised criminal sanction upon proof of…

Words 6128 - Pages 25

Legal Studies Essay

How successfully does the law protect parties to both marriages and de facto relationships when such relationships dissolve? Society places laws upon different family arrangements to ensure that members of all families have legal protection. Marriage is the union of man and women to become husband and wife, whereas the NSW De Facto Relationships Act 1984 recognises de-facto relationships as two adults living together as a couple and are not married. The law makes provision for protection regarding…

Words 1427 - Pages 6

Legal studies essay

It is essential that the legal system reflects the moral and ethical standards of Australian society. Analyse this statement and evaluate the effectiveness of the legal system in reflecting the values of society and protecting family members. Refer to problems in family relationships in your response. Family law, possibly more than any other area of law, is filled with issues that reflect the values and ethics of Australian society. The role of the family law role is to protect all family members…

Words 1117 - Pages 5

Legal studies Essay

Any legislation passed through both houses is given to the governor to give royal assent Representative Government: The government must represent the concerns and expectations of the people who voted them in at the last election Responsible Government: Parliament is accountable for its actions, the crown and its ministers are both responsible to parliament for running of portfolio and other doings. Separation of powers: Three branches of government should remain separate 1. Legislature- parliament…

Words 889 - Pages 4

Legal Studies 1 Essay

LEGAL STUDIES ASSESSMENT CONTEMPORARY HUMAN RIGHTS ISSUES Dylan Stone Year 12- 2015 INTRODUCTIONWhat are human rights? WHAT ARE HUMAN RIGHTS?    “Human rights are entitlements that are fundamental. They are things to which every human being is entitled just because they are human”. All people have a claim to human rights as they are fundamental in ensuring peace and security for all peoples. They cannot be ‘given’ by governments, instead they are an inherited set of rights which automatically…

Words 7303 - Pages 30

Legal Studies Concept Essay

LEGAL STUDIES 101 CONCEPTS & CASES TYPES OF LAW: Criminal * State or federal government prosecutes * Punishment including capital punishment, fine, penalty, imprisonment * Burden of proof- innocent beyond a reasonable doubt * Purpose- punishment, deterrence, rehabilitation, preservation of state | Civil * Plaintiff sues defendant * Monetary compensation, remedies * Burden of proof- preponderance of evidence * Purpose - compensation and deterrence * Mandatory injunctions…

Words 7821 - Pages 32