Law and Society: Lesson 3 Part A Difference between Criminal and Civil Law (Criminal Law) Semi-notes
VVLN Unit 1 Legal Studies
Law and Society
Lesson 3: Difference between Criminal Law and Civil Law
Part A: Criminal Law
This lesson will explain the difference between criminal law and civil law.
Part A will look at Criminal Law and Part B of the lesson will focus on Civil Law.
Key differences will be summarised in a table and you will test your understanding with case studies.
There are several key differences between criminal and civil law which you will learn about shortly, but the main
difference between these two types of laws is that Criminal law aims to protect the whole …………………… whereas
civil law aims to protect ……………………………….. rights.
As you work through this lesson you will find that although there are clear differences between criminal and civil
law, in some instances it is possible that both criminal and civil action can be taken.
For example: in a motor accident
Criminal Law
The person, whose careless driving caused
the accident, will be prosecuted and
punished
Civil Law
The injured person will sue to get
compensation for injuries and financial
loss.
Criminal law
Criminal law is the body of law that relates to ………………………. and their ……………………………….
What is a crime?
If someone commits a crime they have acted in a way that is ………………………… or …………………………... Something
that society does not approve of and is ………………………………. by law.
List five (5) crimes you are aware of:
1 …………………………………………
2 …………………………………………
3 …………………………………………
4 …………………………………………
5 …………………………………………
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Law and Society: Lesson 3 Part A Difference between Criminal and Civil Law (Criminal Law) Semi-notes
Classification of crimes
Classification
Definition
Crimes against person
Crimes against property
Crimes against morality
Crimes against the legal system
Crimes against the state
Type of crime
Definition
Murder
Treason
Gambling
Prostitution
Riot
Theft
Perjury
Arson
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Example
Law and Society: Lesson 3 Part A Difference between Criminal and Civil Law (Criminal Law) Semi-notes
Your task now is to classify the crimes listed below.
Draw an arrow to indicate which classification is appropriate.
The main aims of criminal law
The main aim of criminal law is to protect society as a whole. To achieve this it is important that offenders are:
•
a……………………………………..
•
p……………………………………..
•
p…………………………………….. and
•
d…………………………………….. from re-offending.
Apprehend
Apprehended
It is important that offenders are not allowed to get away with illegal behavior.
This gives society confidence in the legal system. It is usually the role of the police to make
an ……………………….. and take the offender into ……………………………
Prosecute
To prosecute means to make a case ………………………….. the party that has been accused of
breaking the criminal law and taking the case to court.
In criminal cases the prosecution is the party bringing the case on behalf of the ………………...
The state is just another word for the crown or the people.
It is the role of the police to carry out …………………………………. and gather evidence that will
make the case strong enough to take to court.
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Law and Society: Lesson 3 Part A Difference between Criminal and Civil Law (Criminal Law) Semi-notes
In all court cases the party who ………………………………. or starts court action, has the burden of proof.
This means they have the role or …………………………………. of proving their case in court.
In criminal cases the ………………………………. initiates court action so they have the burden of proof; it is their role
or responsibility to prove their case in court.
In minor criminal cases heard in the Magistrate’s court, the ……………………….. act as the prosecution and
therefore have the burden of proof.
In serious criminal cases heard in higher courts, the prosecution is the legal representative of the state.
The crown prosecutor is employed by the Department of Public Prosecutions Office (DPP) and acts on behalf of
the people.
Any court action will only be successful if evidence presented is proven to a certain standard.
The standard of proof means the extent to which a party must …………………….. a case.
In criminal cases the standard of proof required is ‘beyond reasonable doubt’.
This means the case must be proven to the extent that all members of the …………………… agree that the
defendant is guilty or not guilty of the crime.
There must be no doubt about the …………………...
HOWEVER
 The burden of proof and standard of proof are only relevant to criminal cases if the accused pleads not
guilty.
 If there is a guilty plea then there is no need to prove anything in court. There will be no jury and the
judge will simply pass sentence accordingly.
If the prosecution is unable to prove their case, the defendant will be found …………… guilty and will be
……………………………….. This means they are free to leave the court.
Punish
If the prosecution proves their case and the court finds the defendant ……………………. of a
crime they must be punished or ………………………………….
The judge will decide on an appropriate …………………………. which is the consequence or
punishment for the crime and a conviction may be recorded at the discretion of the judge.
The sentence should reflect the ………………………………. of the crime. For example, a minor
offence such as speeding may incur minor consequences such as a small fine or good
behaviour bond, but a very serious offence such as murder, will incur a very serious
consequence such as a …………………… term.
Deter
The final aim of criminal law is to deter the ……………………………. from reoffending and deter
………………………………… in society from committing crimes in the first place
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Law and Society: Lesson 3 Part A Difference between Criminal and Civil Law (Criminal Law) Semi-notes
Summary
It is important to summarise what you learn as you work through the lesson. Putting information in a simple
table like this will help. Write an answer to the questions in the pink section.
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Law and Society: Lesson 3 Part A Difference between Criminal and Civil Law (Criminal Law) Semi-notes
Case Study - Travis Bowling sentenced to six years for bashing Ron Barassi
Herald Sun December 17, 2011
FOOTY legend Ron Barassi last night lauded a jail term meted out to a "mongrel" who bashed him after
king-hitting a woman.
"It's a pretty hard hit," the 75-year old said of a six-year penalty imposed on thug Travis Bowling.
"He deserved it. This bloke is an absolute mongrel type."
Bowling, 29, stood unmoved, but his mother and grandmother gasped as Judge Frances Hogan told him he would
spend at least four years behind bars.
In scathing remarks, she told him: "Your conduct strikes at the heart of the right of every citizen to feel safe
walking along a street at night.
"(It) represents gratuitous violence of a disturbing nature. A strong message must go out to the community that
such brutal, uncivilised behaviour will not be tolerated."
She said Barassi's status as a well-known and well respected figure had played no part in the sentence.
Bowling fractured Tessa Green's eye socket and nose with a king-hit after a traffic dispute in Fitzroy St, St Kilda,
in the early hours of New Year's Day 2009.
Barassi, dining with his wife Cheryl and others, leapt to Ms. Green's defense, and tackled Bowling to the ground.
Barassi, whom Judge Hogan has described as courageous, was punched and kicked as he lay in a fetal position.
At his County Court trial, Bowling claimed police had charged the wrong man.
But the Herald Sun can now reveal Bowling admitted to a forensic medical officer that he was the man who was
tackled.
Judge Hogan said Bowling was being sentenced for his cowardly king-hit on an unwitting woman and kicking a
72-year-old man on the ground and under attack.
Barassi said he hoped the sentence would serve as a warning to would-be thugs prepared to kick people and "belt"
women.
1. Highlight the terms in the article that indicate this is a criminal case.
2. The following comments explain why this is a criminal law case. You need to fill the gaps using
appropriate criminal law terminology.
In this case the crown prosecuted the accused Travis Bowling on behalf of the people. The main aim of
criminal law is to ………………………. the ………………………… as a whole, so the State employed legal counsel
to act as the prosecution on behalf of the people. The prosecution initiated court action so they had the
burden of proof in this case.
This means they had the responsibility of proving to the jury that the accused was ………………….. of the
crime.
To achieve the successful guilty verdict the prosecution had to prove their case ‘…………………….
……………………….. ……………………. This is the standard of proof required in a criminal case.
After being found guilty by the jury, the judge passed a ………………………….. of six years ……………… with a
minimum of four years to be served. The purpose of this outcome is to ………………………. the offender and
…………………. further criminal behaviour by the offender or other citizens.
You have now finished Part A of this lesson. I hope you feel confident about the basic terms and concepts that
help you identify criminal law cases.
There are many new terms to find definitions for in your glossary, but if you complete this task effectively now it
will help you in future classes
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