Part I: CRIME
PRINCIPAL FOCUS: Through the use of a range of contemporary examples, students investigate criminal law, processes and institutions and the tension between
community interests and individual rights and freedoms
THEMES AND CHALLENGES:
- The role of discretion in the criminal justice system - Issues of compliance and non-compliance in regard to criminal law
- The effectiveness of legal and non-legal measures in achieving justice
- The role of law reform in the criminal justice system
- The extent to which law reflects moral and ethical standards - The extent to which the law balances the rights of victims, offenders and society








THE NATURE OF CRIME
Meaning of law (an act or omission
resulting in harm to society at large,
punishable by the state)
Elements of crime (Actus Reus
‘guilty act’ and Mens Rea ‘guilty
mind’)
Strict Liability of Offences and
Causation
Categories of crime (Offences
against the person e.g. murder;
offences against the sovereign e.g.
treason; economic offences e.g.
embezzlement; drug offences;
driving offences; public order
offences; preliminary crimes e.g.
attempts and conspiracy
Summary and indictable offences
Parties to a crime (Principal in first
degree, principal in second degree,
accessory before/after the fact)
Factors affecting criminal behaviour
(e.g. Psychological, social, genetic)
Crime prevention
THE CRIMINAL INVESTIGATION PROCESS
 Police Powers (investigate arrest,
interrogate suspects, gather evidence)
 Reporting Crime (reluctance or fear)
 Investigating Crime (gathering
evidence, use of technology e.g. DNA,
search and seizure, use of warrants
 Arrest – Detention and Interrogation –
Release or Charge – Summons – Bail
or Remand in Custody
THE CRIMINAL TRIAL PROCESS
 Court Jurisdiction (lower, intermediate
and superior courts)
 Adversary system (vs. Inquisitorial)
 Legal personnel in a criminal trial
(Judge/Magistrate, Police Prosecutor,
DPP, Barrister, Public Defender)
 Pleas and charge negotiation
 Legal representation (Legal Aid)
 Burden of proof and standard of proof
(Beyond Reasonable Doubt)
 Use of evidence and Witnesses
 Defences (complete and partial)
 The Role of Juries (verdict only)








SENTENCING AND PUNISHMENT
Statutory and Judicial guidelines
(e.g. mandatory sentencing)
The Purpose of punishment
(deterrence [specific and general],
retribution, rehabilitation,
incapacitation)
Factors affecting a sentencing
decision (aggravating and mitigating)
The role of the victim in sentencing
(e.g. victim impact statement)
Appeals (conviction or sentence)
Types of penalties (no conviction,
caution, fine, bond, suspended
sentence, probation, infringement
notice, penalty units, community
service order, home detention,
periodic detention, forfeiture of
assets, imprisonment, diversionary)
Alternative methods of sentencing
(circle sentencing, restorative justice)
Post-sentencing considerations
(security, protective custody, parole,
detention, sexual offenders register)







YOUNG OFFENDERS
Age of criminal
responsibility (doli incapax,
young people)
The right of children (when
questioned by authority
and arrested
Children’s Court
(procedures / operation)
Penalties for children
(juvenile justice centres)
Alternatives to court
(warnings, cautions, youth
justice conferences
INTERNATIONAL CRIME
Categories of Int. crime
(crimes against the
international community
e.g. genocide, war crimes;
transnational crimes e.g.
human trafficking)
Dealing with Int. Crime
(domestic and international
measures, limitations)