CJS 101 Chapter Notes - Chapter 2: Brisbane Magistrates Court Building, Public Nuisance, Intellectual Disability
24 Dec 2020
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The making" of crime: social construction of crime. Legal definition of crime intentional behaviour in breach of legally prescribed rules, without justification, and subject to defined penalties. Implication: no criminal law, no criminal act. No single body of criminal law in australia: each state/territory has own set of law, federal criminal law international and interstate trade, federal taxation, environmental control, customs, human trafficking, drugs. Thus, definitions, seriousness, defences and punishment may vary. Summary dealt with by judicial officer alone minor criminal offences. Indictable triable by judge and jury major criminal offences. For certain indictable offence, can elect to have heard summarily (hybrid offences) Criminal law generally reflects fairly widespread sense that the behaviour violates social norms and values. Particular motivations can aggravate an offence e. g. hate crimes. Criminal defences: complete and partial: insanity, intoxication, self-defence, provocation, duress and necessity. Criminal law and definitions of crime are shaped by cultural norms and power relations.
