Focus Study Crime
Principal Focus
In applying the framework, students explain and understand legal processes and
institutions within the context of crime and understand the tension between
community interests and individual rights and freedom.
Outcomes
A student:
H1.1 applies domestic and international legal vocabulary in appropriate contexts
H1.2 assesses the role of Australian and major international institutions
H2.2 compares similarities and contrasts differences in relation to customary law,
statutory law, common law and international law
H3.1 analyses the interrelationship between law, justice and society and the
changing nature of law
H3.2 assesses how cultures and values of different groups within society impact on
the legal system
H3.3 evaluates the effectiveness of the processes and mechanisms of change in the
legal system
H3.4 analyses legislation, cases, media reports and opinions to review arguments for
change and reform in the law
H4.1 analyses specific problems encountered in gaining access to the legal system
H4.2 assesses the effectiveness of dispute resolution mechanisms
H5.1 selects and organises relevant legal information from a variety of sources and
evaluates information and sources for usefulness, validity and bias
H5.2 investigates, analyses and synthesises legal information from a variety of
perspectives and presents the findings of investigations
H5.3 communicates through well-structured texts to describe, explain, argue,
discuss, analyse, evaluate and apply legal information, ideas and issues using
appropriate written and oral forms
H5.4 uses planning and review strategies to manage effectively the competing
demands of complex tasks and makes effective use of time and resources.
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
types of crime: offences against persons, economic offences (property/white
collar crime), offences against the State, drug offences, public order offences,
traffic offences, victimless crimes, preliminary crimes (attempts, conspiracy)
sources: statute law, common law, constitutional separation of powers
the court structure (role of local court, district court, supreme court, court of
criminal appeal and high court in relation to criminal cases)
factors affecting definition of crime and criminal behaviour: social, economic,
genetic, political, self-interest
elements of crime: mens rea (mental state of offender), actus reus (conduct of
offender), causation
distinguishing summary (minor) and indictable (serious) crimes
parties: principal in first degree (actual perpetrator), principal in the second
degree (person who was present, assisting), accessory before the fact (person
who helped to plan), accessory after the fact (person who, knowing about the
crime, helped the offender afterwards)
defences: complete defences (mental illness, self-defence necessity, duress,
consent); partial defences to murder (provocation, substantial impairment of
responsibility), which reduce murder to manslaughter
the criminal process and the role of discretion
reporting crime
investigation, arrest and charge
bail
plea, hearing (evidence, procedure, including the role of juries)
appeals
personnel (police, prosecutors, defence lawyers, magistrates, judges)
the role of legal aid
types of international crime (crimes committed outside the jurisdiction,
transnational crimes, crimes against the international community)
sources of law for international crimes (treaties)
Legal Issues and Remedies
creating social order through education, regulation and coercion
crime prevention (situational, social)
enforcing the law through punishment
purposes of punishment: rehabilitation (reform), deterrence (specific and
general), retribution, incapacitation, reintegrative shaming
the sentencing process
the hearing (evidence, role of prosecutor, defence and victim)
factors affecting the decision: purposes of punishment (see above):
circumstances of the offence (objective features); circumstances of the
offender (subjective features); aggravating and mitigating factors; judicial
discretion and limits on discretion (eg judicial guidelines, mandatory
sentencing, maximum penalties)
penalties
types of penalty: fine, bond, probation order, community service order, home
detention, periodic detention, imprisonment
penalties no longer available: capital punishment, corporal punishment
penalties that infringe human rights laws: cruel and unusual punishment (see
International Covenant on Civil and Political Rights)
post-sentencing decisions: security classification, protective custody, parole
dealing with international crime (international criminal court, sanctions)
extradition (dealing with fugitive domestic criminals)
assessing the efficiency and the effectiveness of various forms of legal measures
in achieving justice through researching a current criminal justice
Morality, Ethics and Commitment to the Law
the extent to which law reflects moral and ethical standards
commitment to the law the issue of compliance and non-compliance
Effectiveness of the Law
factors to be considered when evaluating the effectiveness of law in achieving
justice:
for individuals: equality, accessibility, enforceability, resource efficiency,
protection and recognition of individual rights
for society: resource efficiency, law as a reflection of community standards
and expectations, opportunities for enforcement, appeals and review,
balance of individual rights and values and community rights and values
Law Reform
The agencies of reform and the conditions which give rise to the need for reform
law reform commissions, parliament, courts, changing social values and
composition of society, new concepts of justice, failure of existing law,
international law and new technology.
