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This Concept Map, created with IHMC CmapTools, has information related to: Discretion, Examines the fault element of an offender when the conduct elements the offence is committed by someone else. Extent of Mens Rea and Actus Reus Discretion is applied in considering the extent of an offender's role (ie, mental state and physical conduct) in an offence, Describes the role of victims in the criminal trial process, and the power for social and legal change that they exhibit when challenging politcal change. Problems with Discretion Discretion can often be applied to victims of crimes by police as they believe that the victim may not want to report the incident (especially in domestic violence disputes). Can create an exemption from the criminal process due to these discretions., Outlines the methods and considerations examined when interpretting Statutory law, and the need for discretion to be applied by law enforcement and Judges when applying Criminal law provisions. Context Discretion to be applied when considering the context of the crime committed, and the aggravating and mitigating circumstances of the offender., Discretion Chapter 12 'States' Examines the roles of states and their criminal liability and responsibility., Discretion Chapter 3 'Conduct' Explores the criminal conditions where an offender must be held responsible for their criminal conduct, Discretion Chapter 11 'Victims' Describes the role of victims in the criminal trial process, and the power for social and legal change that they exhibit when challenging politcal change., Discretion Chapter 4 'Results' Examines criminal offences through results of the offence, and the responsibility of the offender to have accountability for the results of an offence., Describes the simplistic standards of interpretting and applying criminal offence provisions, and the standards for assessing criminality of offences. Ambiguous Offenders Discretionary powers are applied to ambiguous offenders, where the offenders or victim's own assessment of their actions are considered in sentencing. (R v Tang [2008] HCA 39, for example)., Examines criminal offences through results of the offence, and the responsibility of the offender to have accountability for the results of an offence. Reasonable person test Applies discretion when considering what a reasonable person would have done in the same situation, and therefor attribute accountability accordingly., Outlines how criminal law must be applied with consideration of the relevant context of the offence. Responsibility of the Offender Discretion is applied in the cases where there is a question whether the offender was fully, beyond reasonable doubt, responsible for the offence, due to the circumstances during the act or ommission., Discretion Chapter 2 'Choices' Examines the choices of three branches of law enforcement when considering punishments and sanctions for criminal offences, including the Judiciary, polices ervices, and regulators of criminal conduct., Discretion Chapter 5 'Circumstances' Outlines how criminal law must be applied with consideration of the relevant context of the offence., Examines the choices of three branches of law enforcement when considering punishments and sanctions for criminal offences, including the Judiciary, polices ervices, and regulators of criminal conduct. Choosing when and how to prosecute or police an individual Disretionary powers used to determine when to prosecute or police an individual to maximise efficiency of the Criminal Justice System- provision of cautions for example instead of harsher sanctions for first-time offenders, Examines criminal offences through results of the offence, and the responsibility of the offender to have accountability for the results of an offence. Responsibility of the Offender Discretion is applied in the cases where there is a question whether the offender was fully, beyond reasonable doubt, responsible for the offence, due to the circumstances during the act or ommission., Examines the choices of three branches of law enforcement when considering punishments and sanctions for criminal offences, including the Judiciary, polices ervices, and regulators of criminal conduct. Choosing boundaries and outcomes Reliant of discretionary enforcement provisions to allocate sanctions proporitonate to individual circumstances of the offender, Outlines the decisions made by Judges when punishing an offender, and the extent of which the law implements penalties. Factors and Circumstances in Sentencing Mitigating and Aggravating circumstances considered in sentencing an offender, applying discretionary powers., Discretion Chapter 1 'Words' Outlines the methods and considerations examined when interpretting Statutory law, and the need for discretion to be applied by law enforcement and Judges when applying Criminal law provisions., Discretion Chapter 6 'Sentences' Outlines the decisions made by Judges when punishing an offender, and the extent of which the law implements penalties., Examines the fault and conduct elements relating to a failed attempt of the crime, and therefor no conduct elements present. Ambiguous fault elements coupled with ambiguous conduct elements Discretionary powers are implemented to examine the extent of the fault elements present in a failed crime, and to what extent mitigating factors be attributed to the offender because of this., Outlines the decisions made by Judges when punishing an offender, and the extent of which the law implements penalties. Seriousness of Offence Discretion implemented to determine the sentence of the offence in terms of the proportionality of the seriousness of the crime committed