Key Knowledge #1: The purposes of criminal law
Purposes of criminal law
Criminal law has several purposes. It aims to:
• Protect individuals – Criminal law aims to protect us as human beings. It does this by establishing crimes, and by establishing processes and sanctions to punish people who commit those crimes
• Protect property – Criminal law protects the things we own as individuals, and the things we own together as public property. This includes land and personal property. People are not free to deceive and steal what belongs to others or damage property or the environment
• Protect society – Criminal law allows the physical, social and financial aspects of society to function. For example, criminal law prohibits the manufacture, distribution and use of certain types of drugs, to ensure that we do not live in a society where too many people are adversely affected by illegal substances
• Maintain public order and security – Criminal law sets standards and makes clear what behaviour will not be tolerated by the community and the legal system. It makes social interactions predictable and maintains public order. Everyone knows what they can expect from others and what action they can expect from the legal system if someone does break the law
• Protect justice and the rule of law – Criminal law takes enforcement of rights out of the hands of individuals. Only the state can punish people for criminal offences. If the state did not enforce the law, people would take punishment of criminals into their own hands and society would become chaotic and lawless
• Protect rights and cultures – Criminal law protects human rights and individual freedoms, including the rights of individuals and groups to engage in cultural or religious activities without being harassed and mistreated
• Improve society generally – Criminal law improves society by deterring people from committing crimes (out of fear of being punished) and by offering the chance of rehabilitation while serving their sentence.
• Protect individuals – Criminal law aims to protect us as human beings. It does this by establishing crimes, and by establishing processes and sanctions to punish people who commit those crimes
• Protect property – Criminal law protects the things we own as individuals, and the things we own together as public property. This includes land and personal property. People are not free to deceive and steal what belongs to others or damage property or the environment
• Protect society – Criminal law allows the physical, social and financial aspects of society to function. For example, criminal law prohibits the manufacture, distribution and use of certain types of drugs, to ensure that we do not live in a society where too many people are adversely affected by illegal substances
• Maintain public order and security – Criminal law sets standards and makes clear what behaviour will not be tolerated by the community and the legal system. It makes social interactions predictable and maintains public order. Everyone knows what they can expect from others and what action they can expect from the legal system if someone does break the law
• Protect justice and the rule of law – Criminal law takes enforcement of rights out of the hands of individuals. Only the state can punish people for criminal offences. If the state did not enforce the law, people would take punishment of criminals into their own hands and society would become chaotic and lawless
• Protect rights and cultures – Criminal law protects human rights and individual freedoms, including the rights of individuals and groups to engage in cultural or religious activities without being harassed and mistreated
• Improve society generally – Criminal law improves society by deterring people from committing crimes (out of fear of being punished) and by offering the chance of rehabilitation while serving their sentence.
How criminal law achieves it's purposes
The criminal justice system works in four main ways. It:
• Establishes the law – through statutes made by parliament and through court decisions
• Enforces the law – through Victoria Police and other bodies given power to enforce criminal law
• Decides who is guilty – through the courts
• Imposes sanctions on offenders – which aim, among other things, to punish oenders and deter others from committing crime.
• Establishes the law – through statutes made by parliament and through court decisions
• Enforces the law – through Victoria Police and other bodies given power to enforce criminal law
• Decides who is guilty – through the courts
• Imposes sanctions on offenders – which aim, among other things, to punish oenders and deter others from committing crime.
Defining a crime
A crime is defined as an act or omission that is:
• against an existing law
• harmful to an individual or society
• punishable by law
• against an existing law
• harmful to an individual or society
• punishable by law
Separating an 'Act' or 'Omission'
An act: Sarah was invited to a friend’s place for a party. While she was there, she stole a diamond necklace belonging to her friend’s mother. The Crimes Act 1958 (Vic) outlaws the act of theft, and states that theft has a maximum penalty of 10 years in prison.
An omission: Last year Sarah’s sister was pregnant. The baby was premature, and Sarah’s mother helped her give birth, but the baby was stillborn. The family held a quiet burial in their backyard and told no one what had happened. The Crimes Act makes it an offence to fail to report the death of a stillborn child or a child at birth. This crime (an omission) has a maximum penalty of six months in prison.
An omission: Last year Sarah’s sister was pregnant. The baby was premature, and Sarah’s mother helped her give birth, but the baby was stillborn. The family held a quiet burial in their backyard and told no one what had happened. The Crimes Act makes it an offence to fail to report the death of a stillborn child or a child at birth. This crime (an omission) has a maximum penalty of six months in prison.
Against an existing law
For a crime to be committed, it must be an act or omission that is prohibited (not allowed) by a law that is currently in existence (i.e. not a law that has since been cancelled). The parliament and the courts will establish laws that make acts or omissions a crime, and parliaments can also abrogate (cancel) laws that used to make behaviour a crime. For example, the Crimes Act makes it a crime to steal another person’s property.
Examples of acts that are harmful to society
• Assault – For the victim, physical injuries cause pain, suffering and time of work, as well as distress to their family. Someone who has been assaulted can also have long-term psychological issues. For society, expensive resources such as hospitals, police services, courts and prisons need to be available to address the consequences of criminal behaviour
• Taking illegal drugs – This is often referred to as a victimless crime, as the oender is only harming himself or herself. However, the use of illegal drugs is known to have a broader impact on the community, often leading to an escalation in theft and violent crimes
• Unruly behaviour – Anti-social behaviour such as swearing or being drunk in a public place may not result in injury or damage, but it does have an impact on the general public’s enjoyment of shared spaces and people’s feelings of goodwill towards others in society
• Taking illegal drugs – This is often referred to as a victimless crime, as the oender is only harming himself or herself. However, the use of illegal drugs is known to have a broader impact on the community, often leading to an escalation in theft and violent crimes
• Unruly behaviour – Anti-social behaviour such as swearing or being drunk in a public place may not result in injury or damage, but it does have an impact on the general public’s enjoyment of shared spaces and people’s feelings of goodwill towards others in society
Punishable by law
Victoria Police is the main government agency with the power to interpret and apply criminal law in Victoria. The police are responsible for arresting people and for collecting evidence. Police prosecutors are responsible for presenting the prosecution case for minor offences in the Magistrates’ Court
Serious offences, known as indictable offences, are generally tried in the County Court and the Supreme Court. Minor offences, known as summary offences, are generally tried in the Magistrates’ Court. You will learn more about indictable offences and summary offences later in this chapter. Victoria Police refers the prosecution of serious offences to the Office of Public Prosecutions (OPP), which consists of the Director of Public Prosecutions (DPP) and Crown prosecutors. They work collectively, and on behalf of the Victorian community, to ensure serious oenders are prosecuted before a court.
Serious offences, known as indictable offences, are generally tried in the County Court and the Supreme Court. Minor offences, known as summary offences, are generally tried in the Magistrates’ Court. You will learn more about indictable offences and summary offences later in this chapter. Victoria Police refers the prosecution of serious offences to the Office of Public Prosecutions (OPP), which consists of the Director of Public Prosecutions (DPP) and Crown prosecutors. They work collectively, and on behalf of the Victorian community, to ensure serious oenders are prosecuted before a court.