18.6.1 Criminal and civil law There are two main types of law in Australia: • criminal law, which protects us and punishes offenders • civil law, which protects our rights and property.
Criminal law is made and enforced by parliament and the courts. Everybody must follow the same criminal laws. Civil law, on the other hand, enables individuals and groups to pursue their rights if they have been infringed by other individuals and groups. 18.6.2 Criminal law Criminal law protects innocent individuals from wrongdoers. It outlines the way people should act — what they can and cannot do. Some of the most common crimes are robbery, homicide ( manslaughter and murder), rape, assault, theft and drug offences. If a person commits a crime, this is treated very differently from other legal issues. For example, if you rob a bank, it does not remain a dispute between the bank and yourself. Your action is regarded as an offence against the state. The state gives the police the power to catch offenders and prosecute them through the courts. It is up to the prosecution to take legal action against an accused person in order to establish the guilt of the accused, based on evidence, because the prosecution has the burden of proof . This means that the prosecution must prove that the accused is guilty of the crime. It is not up to the accused person to prove their innocence. This is referred to as the presumption of innocence . During the court case, you, as the accused, will have the opportunity to tell your side of the story. If you are found guilty, you will be punished. Possible punishments include a fine, imprisonment, community service, good behaviour bonds, loss of a driving licence or a combination of these punishments (see FIGURE2 ). Indictable offences Serious crimes, such as homicide, child abuse and rape, are called indictable offences . These offences are heard in higher courts, such as the District or County Court, or the Supreme Court. The guilt of the accused is determined by a jury . Summary offences Less serious crimes, such as minor assaults, petty theft and traffic infringements, are called summary offences . These are dealt with relatively quickly and cheaply by a magistrate in a Magistrates Court. In the car accident shown in FIGURE1 , the state would take action if the driver who caused the accident had broken the road laws, by speeding, failing to give way or having a blood alcohol content of over 0.05 per cent.
SkillBuilder discussion Evaluating democratic institutions and systems 1. Why is a crime considered an offence against the state? 2. What is the difference between a summary and an indictable offence? 3. What is meant by the term beyond reasonable doubt ?
FIGURE2 A criminal act is treated as an offence against the state, which deploys the police and courts to apprehend, prosecute and imprison the person who has done wrong.
544 Jacaranda Humanities Alive 8 Victorian Curriculum Third Edition
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