Crime & the Criminal Process

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This study guide was based on subject LAWS1001 - Criminal Law 1 which was discontinued in 2013. The subject has been renamed to LAWS1021 - Crime & the Criminal Process. It is likely that some changes have been made to the course that we have not yet been able to process into our study guide, resulting in missing information or a different structure. Please bear with us while we effect the changes and sort everything out, because it will take some time. The study guide below should still be able to cover the vast majority of the course, although it might be harder to find the information because names of 'topics' may have changed - the relevant information should still be inside the articles though.

• Criminalisation

  • Introduction to Criminalisation
  • History of Criminalisation
  • Harm and Morality
  • Social Reaction
  • Normative Theories of Criminalisation

• The Criminal Process

  • The Ubiquity of Discretion
  • The Two Tiers of Justice
  • The Process as Punishment
  • The Adversary System and the (In)Visibility of the Pre-Trial Process
  • Technocratic Justice, Therapeutic Jurisprudence and Procedural Justice
  • Elements of a Fair Trial
  • Internationalism and Human Rights
  • Miscarriages of Justice

• Components of Criminal Offences

  • Introduction to Components of Criminal Offences
  • Actus Reus
  • Mens Rea
  • Strict and Absolute Liability
  • Corporate Liability (unavailable)

• Drug Offences

  • Introduction to Drug Offences
  • Drug Misuse and Trafficking Act 1985 (NSW)
  • Commonwealth Drug Offences and Conclusion to Drug Offences

• Public Order Offences

  • Introduction to Public Order Offences
  • Presence in Public Places
  • Prostitution

• Sentencing

  • Introduction to Sentencing
  • Confining Judicial Discretion
  • Sentencing Methodologies, Principles and Options