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Comparison Of Characteristics And Perceptions Of The Qld Criminal Justice System, Aboriginal Customary Law And Islamic Criminal Law According To Crime And Punishment Procedures

2946 words - 12 pages

1.0 INTRODUCTIONThis report is focused on a comparison of three criminal justice systems. The model systems are the Queensland Criminal Justice System, Islamic Law and Australian Aboriginal Customary Law.Each criminal justice system model has been researched according to their Origin and Characteristics, standard and Burdon of proof, presumption of innocence, punishments for crimes committed with particularreference to retribution, deterrence and rehabilitation. Secondary information has been gathered through an investigation to prove a adopted hypothesis, which involves a questionnaire sampling 30 peoples perceptions on the differences and similarities between the stated model systems. Information gathered from the investigation has been conducted into primary research to prove the hypothesis.1.2 LimitationsThe report is not a process - oriented research report. Restricted only to cover crime and punishment procedures standard and Burdon of proof, presumption of innocence, punishments for crimes committed covering retribution, deterrence and rehabilitation, from that only of the chosen model systems. Bias nor non bias opinions won't be displayed from the researcher, only perceptions gathered from my secondary researches.1.3 Scope of the reportThe report covers primary researched material into the Origin and Characteristics, standard and Burdon of proof, presumption of innocence, punishments for crimes committed with particular reference to retribution, deterrence and rehabilitation according to Queensland Criminal Justice System, Islamic Law and Australian Aboriginal Customary Law. Information they gathered from an investigation sampling 30 people's perceptions on the differences and similarities of the three criminal justice systems are formed into primary research to approve the adopted hypothesis.2.0 RESEARCHED MATERIAL2.1. QUEENSLAND CRIMINAL JUSTICE SYSTEM2.1.1 Origins and CharacteristicsTransportation of convicts brought English laws to Australia. Britain monarch established the first courts of civil and criminal jurisdiction on the shores of NSW in 1787. English law governed all the colonies in Australia. In 1859 Queensland became a separate colony (Now called states). Today each individual state in Australia has their own written constitutions, separate from, and in addition to, the commonwealth Constitution. Queensland has four levels of courts and a number of tribunals set up by state laws. These courts and tribunals deal with all kinds of offences and disputes, from murder to failure to register a dog. The type of offence or dispute determines which court or tribunal will deal with it.The four levels of court are:1. The Magistrates Court-the first stop in all criminal offences and many civil disputes. 2. The District Court, which handles more-serious cases, both criminal and civil 3. The Supreme Court, which hears the most serious cases, criminal and civil RETRIBUTION, DETERRENCE AND REHABILITATION IN REGARDS TO SPECIFIC JUSTICE...

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