Crime

Question 1

There is little evidence to support the effect of which criminal behaviour ?

Answer 1

Genetic factors

Question 2

What are is the difference between an indictable offence and a summary offence?

Answer 2

Indictable offences are serious matters,whereas summary offences are minor matters

Question 3

What are the two elements to a crime ?

Answer 3

The mens rea (guilty mind) the mental element and the actus reus (guilty act) the physical element

Question 4

Define crime ?

Answer 4

An act or omission against society at large that is punishable by the state.

Question 5

What does mens rea mean?

Answer 5

Relates to the intention of the accused to commit the criminal act. The most difficult to prove and there are many possible degrees of intention depending on the crime.

Question 6

What are economic offences ?and what are some examples ?

Answer 6

The term economic offences refers to a broad category of crimes committed for economic or financial benefit. It includes property offences and white collar crimes that are committed for financial gain. Includes computer offences like hacking or Internet fraud.

Question 7

What is meant by preliminary crime and identify two main types ?

Answer 7

Preliminary crimes are offences committed despite the main crime itself not being completed. The two main types are attempts and conspiracy.

Question 8

Identify and describe two types of parties to a crime

Answer 8

A principal in the first degree is the person directly responsible for committing the final criminal act. A principal in the second degree is someone who assisted in commission of the act, often at or nearby the scene.

Question 9

Outline two social approaches to crime ?

Answer 9

Youth programs aimed at dispute resolution skills for young people, which attempt to prevent poor social skills later developing into criminal behaviour. Parenting skills workshops which aim to target mothers and fathers from disadvantage backgrounds and teach them skills to enable better life options and choices for both them and their children.

Question 10

The majority of police powers in New South Wales a contained under which statute?

Answer 10

Law enforcement (powers and responsibilities) act 2002 New South Wales

Question 11

What is the minimum requirement for a police member to use their special powers?

Answer 11

They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offence

Question 12

What is not a valid reason for a police arrest ?

Answer 12

Police want to question a person about the crime they are investigating

Question 13

What is the maximum time for a person to be detained when being interrogated with out court approved extensions

Answer 13

4 hours

Question 14

What is a summons ?

Answer 14

A summons is a legal document that requires a person to present him or herself at court

Question 15

Why may people be reluctant to report a crime

Answer 15

People may be unable to report the crime. Some people may be reluctant to become involved in another persons affairs, or the criminal process or may fear having to testify as a witness.

Question 16

What is a warrant and how can it help protect peoples rights

Answer 16

I warrant is a legal document issued by a magistrate or judge that authorises a police officer to do a particular act. I warrant is required before arresting a person or activating a wiretap or before entering and searching premises without the occupies all owners consent. Warrants provide a level of protection against misuse or abuse of special police powers and helps protect the rights of ordinary citizens

Question 17

What are the main stages in a criminal investigations after the criminal act but before the trial

Answer 17

The crime is reported then the police make a decision on whether to pursue an investigation. If they do police will begin gathering evidence. They then may acquire I want to do certain things like DNA testing or searching people’s places. Interview witnesses. Interview suspects if they have enough evidence on the suspect they may then arrest them.

Question 18

Describe one type of technology used to investigate crime. identify the advantages and disadvantages of its use

Answer 18

DNA evidence refers to human DNA obtained from organic material like blood skin or salvia discovered at or linked to the scene of the crime that is analysed and used as expert evidence in a court to tie the accused to the crime. Any errors in the testing resulting in a misdiagnosis could directly resulting in an innocent person being convicted of a crime they did not commit

Question 19

Identify two situations in which bail might be difficult to obtain. What restrictions might be put on people who get bail

Answer 19

In cases of violent offenders or where there is a risk of further harm to an individual or to the community if the accused is released before trial. Some restrictions are the lodgement of a sum of money, wrist or ankle monitoring devices or surrounding of the accused passport

Question 20

What court has original and appellate jurisdiction

Answer 20

District court of New South Wales

Question 21

What is a distinctive feature of the adversary system of law

Answer 21

There is a two sided system of opponents and the judge is an impartial observer

Question 22

What is the burden of proof and standard of proof in criminal matters

Answer 22

The standard of proof is beyond reasonable doubt. The burden of proof is on the state

Question 23

What defence to some crimes are only partial defences

Answer 23

Provocation and substantial impairment of responsibility

Question 24

What happens in respect to jury verdicts in New South Wales

Answer 24

Majority verdict is a possible when a reasonable time has passed it is unlikely that the jury will reach a unanimous verdict and the breakdown of juries is 10 or 11 against one

Question 25

Outline the difference between original and appellate jurisdiction

Answer 25

Original jurisdiction refers to the authority of a court to hear a matter for the first time. Appellate jurisdiction on the other hand refers to a courts authority to review matters on appeal from another court. Superior courts have jurisdiction to hear appeals from lower courts but lower courts cannot hear appeals from Superior courts

Question 26

Explain the role of the coroner's court in New South Wales

Answer 26

Deals specifically with the cause and manner of a person's death as well as fires and explosions where property has been damaged or a person has been injured. The powers of the coroner's court are outlined in the corners act 2009. The coroner's court may hand down recommendations to the new South Wales government

Question 27

Identify some of the criticisms of the adversary system

Answer 27

Both sides may not be equal in terms of skills or knowledge. The jury may not understand the evidence presented in complex cases and The jury's reasons for the decision and not disclosed to either side. Plea-bargains May erode justice to the community victim or even the accused

Question 28

Describe how legal aid can assist in providing access to justice

Answer 28

Legal aid provide essential legal services to marginalised and disadvantage groups. It aims to ensure all Australians can have equitable access to justice before the law. Unfortunately, legal aid is subject to limited government funding and so it services are unable to address the problems of all people Who may suffer imbalance in accessing the justice system

Question 29

Describe the difference between a complete defence and a partial defence

Answer 29

Complete defences are used to justify the defendants actions and if successfully proven will result in the withdrawal of the charges or the acquittal of the defendant. Partial defences on the other hand if successful would reduce the charge to a lesser crime but not result in a complete withdrawal or acquittal

Question 30

Which of the following expresses the main objectives of sentencing

Answer 30

Retribution, rehabilitation, deterrence and incapacitation

Question 31

What factors does a judge take into account when sentencing

Answer 31

Mitigating and aggravating factors circumstances of the offence and circumstances of the offender

Question 32

Give a fact about victim impact statements

Answer 32

Victim impact statements are not always permitted

Question 33

What is the current value of one penalty unit

Answer 33

100

Question 34

List sentences from lowest to highest of the severity

Answer 34

Criminal infringement notice, probation, community service order, imprisonment

Question 35

Explain the meaning and role of judicial discretion in the context of sentencing

Answer 35

Judicial discretion refers to a judge or magistrates power to make a decision within a range of possibilities based on the particular circumstances of the case. Judicial discretion is crucial in the context of sentencing with penalties for offences enacted by the legislation are accompanied with a maximum possible penalty.

Question 36

Describe two possible grounds for appeal in a criminal case

Answer 36

Appeal against conviction arguing that the accused should not have been found guilty, or a sentence appeal arguing against the sentence handed down by the presiding judge.

Question 37

Which are the following are situational crime prevention strategies?

Answer 37

Closed-circuit television and increased lighting of public areas.