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HSC Legal Studies > Crime > Flashcards

Flashcards in Crime Deck (177)
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1

Abuse Excuse

The defence that the perpetrator of a crime had suffered, or was protecting those who had suffered, from child abuse.

2

Accessory after the fact

A person or persons who helped the main perpetrator after a crime was committed.

3

Actus Reus

'The guilty act' (that is, the voluntary commission of an act or voluntary omission of duty that breaks the law)

4

Adjournment

A temporary postponement of legal proceedings to recommence at a later date.

5

Adversarial system of trial

System of trial used in Australia, in which two sides of the case try to present and prove their version of the facts and disprove the other sides' version.

6

Alleged

A person is accused of committing a crime, but has not yet been found guilty

7

Aggravated Assault

Intention to cause very serious harm with an object

8

Aggravating factors

Circumstances taken into account by a sentencing judge that may result in a more severe penalty.

9

Aggravated sexual assault

High degree of violence involved in sexual assault

10

Attempt

A crime is not successfully committed, despite the offender trying to do so.

11

Appeal

A case is taken to a higher court because either side disagrees with the decision of a lower court

12

Appellant

The party who disagrees with a court decision and appeals

13

Assault

Causing physical harm or threatening to cause physical harm to another person

14

Battered Woman Syndrome

A criminal defence which may arise when a woman kills her husband or partner after years of suffering domestic violence or abuse.

15

Burden of proof

The responsibility of proving a case in court. In a criminal case the prosecution has the burden of proof and must prove that the accused is guilty.

16

Bail

An agreement to attend court to answer a criminal charge. Some surety of attendance is usually required, such as a monetary fee.

17

Bond

A punishment in which the offender is free to go into the community but agrees to be of good behaviour for a certain period.

18

Break and Enter

The illegal entry of another's property in order to commit an offence.

19

Beyond reasonable doubt

Standard of proof in a criminal case. The judge or jury can only find the accused guilty of a crime, if there is no reasonable doubt that the accused person actually committed the crime.

20

Charge Negotiation

An agreement between the prosecution and defence, having met before the trial, with the defence agreeing that the accused will plead guilty if the prosecution reduces the charge. Also known as plea bargaining.

21

Caution

An offender is warned by the police rather than arrested and charged.

22

Civil disobedience

Breaking the law deliberately as a protest against the law or against another action by government.

23

Crime

An act of omission which harms society and the individuals in it, for which a punishment has been determined by the law and enforced by the state.

24

Circle Sentencing

A restorative justice program for Aboriginal Offenders in which a 'circle' of people involved with the offence discuss the offence and ways of rectifying the harm done.

25

Criminal Justice System

The system that operates to bring criminal offenders to justice, incorporating the investigative process, the trial process and sentencing and punishment

26

Criminal Infringement notice

A notice issued to people by police, imposing a fine for a minor crime

27

Crimes Against The International Community

Crimes committed by individuals and states which are seen as wrong by the international community, such as war crimes and terrorism

28

Crimes committed outside the jurisdiction

Crimes which take place outside a particular nation's criminal laws, for example, piracy and aircraft hijacking.

29

Causation

The act or omission committed must have caused the specific injury complained of.

30

Citizen's arrest

The right of citizens to arrest anyone who has committed a crime, only able to be used in certain limited circumstances.