MLP 233 Final: Criminal Law Notes
Document Summary
[a] crime does not exist in the abstract - criminal law is applied against offenders in the cjs (p gillies, criminal law (4th ed, 1997) [page 16] Criminal laws take different shapes in their appearance in legislation and appeal court decisions in the hands of police and prosecutors. Eg: the yoa is a largely effective use of police discretion. Decisions made on a point of law by a judge/ magistrate is only wrong" if corrected on appeal. Limited opportunities for the prosecution to appeal against a not guilty" charge- only clarifies future law application, and does not affect the outcome of the case. Prosecution always has the onus to prove the case. A crime goes against society"s views of the right behavior. Role of lower court in criminal matters increased with summary jurisdiction and the. Justice of the peace- 14th century- role of what local governments would do today. First paid (stipendiary) magistrate d"arcy appointed by governor macquarie in 1810.
