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From Flashcardlet > LEGAL STUDIES UNIT 1 CHAPTER 03- Criminal Investigation And Sanctions > Flashcards

LEGAL STUDIES UNIT 1 CHAPTER 03- Criminal Investigation And Sanctions Flashcards

0
Q

☀️☀️☀️WHEN A CRIME IS REPORTED, POLICE…

A
  • talk to victims/witnesses
  • question suspects
  • examine crime scene for physical/forensic evidence (forensic specialists do scientific work)
  • charge suspect and ensure they are taken to court
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1
Q

❓❓❓What are the five roles of the police?

A
  • serve the community and the law
  • protect life and property
  • prevent crime
  • detect and apprehend offenders
  • assist victims of crime or others in terms of emergency
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2
Q

❓❓❓What are four ways that police can prevent crime?

A
  • patrolling (foot, car)
  • education campaigns/advertising/media interviews
  • supporting the ‘neighbourhood watch’ program
  • working with ‘crime stoppers’ to gather information
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3
Q

❓❓❓Is it compulsory to answer police questions or go to a station with them?

A
  • no
  • name and address are exceptions
  • you must go to police station if you are under arrest
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4
Q

❓❓❓True or false. Police can arrest you with, or without, a warrant

A

-true

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5
Q

❓❓❓When do warrants occur and how are they issued?

A
  • warrants occur when someone fails to show up to court or is an escapee in hiding.
  • issued by court
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6
Q

☀️☀️☀️POLICE CAN ARREST ANY PERSON FOUND COMMITTING A SUMMARY OR INDICTABLE OFFENCE IF THEY BELIVE IT IS NECESSARY TO:

A
  • ensure the person appears in court
  • preserve public order
  • prevent the continuation or repetition or an offence
  • ensure the safety or welfare of the publics or the offender
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7
Q

❓❓❓When do the police give summons?

A

-if it is a summary offence and they don’t believe you are about to reoffend

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8
Q

☀️☀️☀️ARREST

A
  • police will usually arrest you automatically if you have committed an indictable offence
  • police can use ‘reasonable force’ when making an arrest
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9
Q

❓❓❓What must occur when an arrest is being carried out?

A
  • touch the suspect
  • give a reason for the arrest
  • caution the suspect that anything said may be used as evidence in court
  • inform the suspect of the right to contact a friend, relative or lawyer
  • take the suspect to a police station for questioning
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10
Q

❓❓❓Describe the reason for searching a premises with a warrant

A

-if police believe its necessary to find evidence, they apply to the court for a warrant allowing them to enter a premises

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11
Q

❓❓❓Describe the reason for searching a premises without a warrant

A
  • police can enter and search a premises for the purpose of finding and arresting a person who police reasonably believe:
    • is committing or has committed a serious indictable offence
    • has escaped from legal custody (prison/police arrest)
  • occupier can give permission
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12
Q

❓❓❓When can police search a person without a warrant?

A
  • after an arrest:
    • to find evidence, weapons or items that may cause injury or aid an escape
    • clothing and immediate possessions (e.g. Backpack) can also be searched
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13
Q

☀️SEARCHING A PERSON

A
  • searches should be by a person of the same sex and in private where possible
  • police can designate an area for a specific time/purpose (E.g. New Years Eve event) and then can search anyone in that area for weapons
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14
Q

❓❓❓Describe a Pat Down (frisk) Search

A

-police may ask of outer clothing (coat, hat etc) to be removed and will use hands to check for concealed items

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15
Q

❓❓❓Describe a Full (strip) Search

A

-must be in private, shouldn’t involve touching of the body, involves an officer (same sex) supervising removal of clothing which is then further examined

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16
Q

❓❓❓What is a summons?

A

-a document telling the accused which court will deal with their criminal case, and the date of the first hearing (mention date)

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17
Q

❓❓❓Why is it necessary to provide safeguards for individuals when dealing with the police?

A
  • so people are treated fairly
  • to be assumed innocent until proven guilty
  • so the police cannot abuse their power
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18
Q

☀️☀️☀️DETAINING AND QUESTIONING

A
  • If a person is taken into custody for questioning, they must be:
  • released unconditionally within a reasonable time or,
  • released on bail or,
  • brought before a bail justice or magistrate within a reasonable time
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19
Q

❓❓❓Describe ‘police caution’ (individuals’ rights during questioning)

A
  • police must caution suspect about their rights
  • caution must be taped
  • caution states that the suspect is ‘not obligated to do or say anything but anything that you do say or do may be given in evidence.’
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20
Q

❓❓❓Describe ‘the right to contact a lawyer and a relative or friend’ (individuals’ rights during questioning)

A
  • before question, investigating officers must inform the person of the right to contact these people
  • person may be refused the call if it is believed that it will result in the escape of an accomplice or destruction of evidence
  • suspect can speak to lawyer in private, and lawyer may be present during the interview
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21
Q

❓❓❓Describe ‘the right to silence’ (individuals’ rights during questioning)

A

-a suspect cannot be forced to answer questions except for their name and address

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22
Q

❓❓❓Describe ‘taping of police interviews’ (individuals’ rights during questioning)

A
  • interviews relating to indictable offences must be audio taped or video taped
  • police can write notes
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23
Q

❓❓❓Describe ‘the right to a person in attendance’ (individuals’ rights during questioning)

A

-people under 18 must have a parent, guardian or independent person present

24
Q

❓❓❓Describe ‘the right to an interpreter’ (individuals’ rights during questioning)

A

-police must provide an interpreter to a non-English speaking suspect

25
Q

❓❓❓Describe ‘photographs’ (individuals’ rights during questioning)

A

-police may want to take the suspects’ photograph while in custody, but the suspect may refuse

26
Q

❓❓❓Describe ‘identification parades’ (individuals’ rights during questioning)

A

-a person may refuse to take part in an identification line up

27
Q

❓❓❓Describe the fingerprinting procedures for children under 10

A

-police cannot take fingerprints

28
Q

❓❓❓Describe the fingerprinting procedures for children between the ages of 10-14

A
  • can take fingerprints with parent and suspects’ informed consent
  • if consent is refused! police much apply for a ‘Children’s Court Order’ before using reasonable force
  • parent/guardian must be present
29
Q

❓❓❓Describe the fingerprinting procedures for children between the ages of 15-17

A
  • can take prints with the suspect’s informed consent
  • if consent is refused, reasonable force can be used
  • parent/independent person must be present
30
Q

❓❓❓Describe the fingerprinting procedures for people 18 years or older

A
  • can take prints with suspect’s informed consent

- if no consent is given, reasonable force can be used

31
Q

❓❓❓When can the police take finger prints or finger scans?

A

-if they reasonably believe that the suspect has committed an indictable offence or a summary offence punishable by a term of jail

32
Q

❓❓❓If a suspect refuses to give consent to give fingerprints, what can the police do?

A

-use reasonable force

33
Q

❓❓❓When must the fingerprints be destroyed?

A

After six months if:

  • the person had not been charged with the crime or,
  • the charges are not proceeded with or,
  • the person is not found guilty
34
Q

❓❓❓When can police take forensic samples?

A

-if the suspect has believed to commit an indictable offence

35
Q

❓❓❓Name and give two examples of the two categories of forensic evidence

A

NON INTIMATE SAMPLES
-hair, fingernail, external swabs

INTIMATE SAMPLES
-blood, saliva, mouth scrapings,dental impressions

36
Q

❓❓❓Who is an intimate forensic sample carried out by?

A

-a medical practitioner

37
Q

☀️☀️☀️CONSENT OF PROCEDURES

A

INTIMATE
-can be given but if not, it can be order by a magistrate

NON INTIMATE
-can be given but if not, it can be ordered by a senior police officer if the suspect is over 18

CHILDREN

  • must receive a Children’s Court Order for children 10-17 for any type of sample
  • cannot take samples for children under 10 years old
38
Q

❓❓❓When must samples be destroyed?

A

-within six months if person isn’t charged or is found guilty

39
Q

❓❓❓Define bail

A

-when someone has been charged but get released before their trial

40
Q

❓❓❓Define remand

A

-when someone has been charged, but they must remain in custody until their trial

41
Q

❓❓❓Define surety

A
  • the promise of another party to pay bail money.

- for defendants who don’t have any assets but should be on bail

42
Q

❓❓❓Who can grant bail?

A
  • senior police officer
  • bail justice
  • court
43
Q

❓❓❓What is a Bail Justice?

A

-a volunteer who has been trained to deal with bail applications

☀️☀️☀️

  • ‘on call’ bail decides. Work after hours
  • will attend police station and decide whether person should get bail
44
Q

❓❓❓What happens if bail is denied by a bail justice?

A

-person stays in custody, but must be taken before a court the next available chance

45
Q

❓❓❓Why does the judge decide the offender’s punishment?

A

-they are more impartial

46
Q

❓❓❓Why is bail granted?

A

-because of the belief that everyone is innocent until proven guilty

47
Q

❓❓❓Name some aspects that must be taken into consideration when granting bail?

A
  • history
  • character
  • home environment
  • seriousness of crime
  • strength of evidence
  • possible hardships
48
Q

❓❓❓Bail act 1977(Vic) States bail may be refused where the accused is…

A
  • charged with murder or treason
  • charged with drug trafficking
  • already in custody for another crime
  • considered to pose an unacceptable risk to society or is likely to:
    - sneak away
    - commit an offence when on bail
    - endanger safety of public
    - interfere with witnesses or obstruct the course of justice
49
Q

❓❓❓What is a sanction?

A
  • penalty/punishment
50
Q

☀️☀️☀️SANCTIONS

A
  • in Aus, an offender bad the right to a punishment appropriate to the crime
  • victims have a right to see the offender be punished
  • after hearing the evidence, and a decision of guilt had been reached, the judge or magistrate will decide on a suitable punishment, usually guided by legislation
51
Q

❓❓❓Name and describe the five aims of criminal sanctions (PPDDR)

A

PUNISH
-law must punish offenders so victims or their families can seek retribution without taking the law into their own hands

PROTECT
-a few offenders are given very long periods of imprisonment because the courts deem them to be a danger to society

DENUNCIATE
-the court may give a sentence that is harsh enough to show the disapproval of the court

DETER
-the law aims to deter the offender and others in society from committing the same similar offences

(General deterrent= sanction will deter general public from committing such an offence, Specific deterrent= aims to stop the current offender from reoffending)

REHABILITATION
-to try and help offenders change their ways, otherwise crime rate and prison costs will escalate

52
Q

☀️☀️☀️HOW EFFECTIVE ARE SANCTIONS?

A

To be effective, a criminal sanction must be:

  • appropriate to the severity of the crime
  • appropriate for the offender (considering financial, social, health and cultural circumstances)
  • acceptable to the community
  • able to fulfil the 5 aims of criminal sanctions
53
Q

❓❓❓What are the four types of sanctions?

A
  • imprisonment
  • community correction orders
  • fines
  • suspension/cancellation of a drivers license
54
Q

❓❓❓describe imprisonment (Sanctions)

A

-a maximum term is at and usually also a non-parole period after which the prisoner can apply to be released on parole

55
Q

❓❓❓what are the levels of imprisonment?

A 
1- life
2- 25 years
3- 20 years
4- 15 years
5- 10 years
6- 5 years
7- 2 years
8- 1 year
9- 6 months
56
Q

❓❓❓describe Community Correction Orders (Sanctions)

A
  • offender remains in the community
  • may require an offender to:
    - complete up to 600 hours of supervised community service o repay society
    - not leave Victoria
    - obey curfews
    - not reoffend
    - avoid areas/places
    - other conditions set by the court
  • aims to rehabilitate offenders for drug/alcohol related issues
57
Q

❓❓❓describe fines (Sanctions)

A

-

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