Criminology

Question 1

Police

Answer 1

Refers to a particular institution

Question 2

Policing

Answer 2

Refers to a set of processes with specific social functions

Question 3

Police culture/ Thin Blue Line

Answer 3

Refers to informal occupational norms and values, accepted practices, rules and principles of behaviour such as a sense of mission and siege mentality

Question 4

Code of solidarity

Answer 4

Demands loyalty

Question 5

Discretion

Answer 5

Refers to the decision making power of legal and criminal justice officals to interpret the law and admistrative rules at various stages in the system to determing whether or not to proceed with a given action/option in a particular situation

Question 6

Excessive Force

Answer 6

Generally refers to the extent that the forces was more than required by operation needs

Question 7

Pluralisation

Answer 7

Suggests that the responsibility for enforcement is becomng increasingly shared and fluid, where policing is increasingly delivered by non-state personeel via the “rebirth of private policing”, growing plural policing and the more general formalisation of soial control involving the public, private and hybrid forms of policing

Question 8

Magistates’ Court

Answer 8

Hears the highest number of cases which a primarily summary offences

Question 9

Victorian County Court

Answer 9

Hears and determines all indictable offences (where defendant has the right to trial by jury), except in the cases of murder , manslaughter and treason. The typically offences that are heard are sexual assault, drug trafficking and serious assault. It also hears appeals from the magistrates court

Question 10

Victorian Supreme Court

Answer 10

Hears and determines all cases that by law cannot be heard in lower jurisdictions such as manslaughter, murder and treason

Question 11

High Court of Australia

Answer 11

Is the Highest Court in the Australian justice system which hears cases of Federal significance which includes constitutional challenges and hears appeals from Federal, Territory and States Courts. It also hears indictable offences

Question 12

A Fair Trial

Answer 12

Is a key due process and requires the defendant to be legally represented meaning the court needs to ensure that the defendant recieves legal representation. This is because unrepresented defendants are at a serious disadvantage.

Question 13

Pre-trial Roles of the Prosecution

Answer 13

The prosecution must declare the specific charge(s), disclose evidence to the defence and liaise with the victim and the polic informants.

Question 14

Pre-trial Roles of the Defence

Answer 14

The Defence must instruct the client on how best to construct a defence, identify the facts/issues to be challenged and advise the client on any charge/plea bargin possibilites

Question 15

What decisions does prosecutorial discretion include

Answer 15

Whether or not to lay charges, oppose bail and to engage in charge or plea bargining

Question 16

Pre-trial processes of the Committal

Answer 16

The commital is part of the funnelling process and is heard before a Magistrate and is used to test the accuracy and reliability of prosecution witnesses to determine if there is sufficient evidence for the case to be ‘committted’ to trial. It does not focus questions on guilt or innocence. The defence does not present any of their cases but they can test the prosecutions case against their client to establish the strengths and weaknesses of that case

Question 17

Advantages of Charge & Plea Bargaining

Answer 17

It saves the CJS the costs and time it takes to run a trial
It shortens the prosection and trial process
It leads to a more successful conviction

Question 18

Disadvantages of Charge & Plea Bargaining

Answer 18

The victim may as feel that the reduced charge does not reflect ‘justice’
It tends to benefit the criminal
The defendent may be coerced into admitting the crime

Question 19

Juries

Answer 19

Criminal trials typiccaly have 12 jurors but in extra long trials such as the Snowtown trial 15 jurors may be appointed

Question 20

Advantages of Juries

Answer 20

Juries provide a check against state power
Brings community values and norms to the interpretation of the law
Removes the power from an individual person

Question 21

Disadvantages of juries

Answer 21

Potential for jurors to be influenced by personal prejudice
Jurors have no legal background
Jurors may not understand the law, or the evidence put before them

Question 22

Instrumental aims of sentencing

Answer 22

Ensures that individuals that are found guilty of a crime aare punished appropriately and proportionately

Question 23

Symbolic aims of sentencing

Answer 23

Reaffirms to members of society that boundaries dividing the ‘legal’ and the ‘illegal’ and the ‘normal’ from the ‘deviants’ and the ‘criminal’

Question 24

Who is responsible for sentencing

Answer 24

Parliament, government and courts

Question 25

Parliament

Answer 25

Makes the laws. - Creates offences and decides what the maximum penalties for these offences will be - Sets up the punishments taht are available to judges to impose law

Question 26

Government

Answer 26

Puts the laws into operation | - Responsible for putting the law into operation and appointing judges

Question 27

Courts

Answer 27

Interpret the law - Apply the law that is set up by parliament - Set specific sentences for individual offenders

Question 28

Magistrates

Answer 28

Determine the guit and pass sentence

Question 29

Juries & judges

Answer 29

decide on the guilt or innocence of an accused, based upon the evidence presented and the judge then passes the sentence and can explain matters of law and provide answer to the juries questions when necessary

Question 30

Sentencing in Australia

Answer 30

Based on the sentencing act of 1991 and children, youth and families act 2005

Question 31

Discretion decision making

Answer 31

Discretion is used to allow flexibility to achieve justice, based on the nature of the crime and the individual characteristic of the offender Both the Crown (prosecutor) and Defence can Appeal the sentence if they believe it is manifestly inadequate or excessive

Question 32

Sentencing options for an offender

Answer 32

Imprisonment, detention in youth justice centre, drug treatment order, Community Corrections Order, fine, additional order, dismissal, discharge and adjournement

Question 33

Community Corrections Order

Answer 33

Can include unpaid community work, treatment and rehabilitation orders and place/area exclusion

Question 34

The Purpose of Sentencing

Answer 34

Just punishment, detterence, rehabilitation, denunciation, community

Question 35

Just punishment

Answer 35

To punish the offender to an extent and in manner, which is just in all of the circumstances

Question 36

Detterence (General)

Answer 36

To deter other people from committing offences of the same or similar nature

Question 37

Detterence (Specific)

Answer 37

To deter the offender from commiting crime of the same or similar nature

Question 38

Rehabilitation

Answer 38

To establis conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated

Question 39

Denunciation

Answer 39

To denounce the type of conduct, engage by the offender

Question 40

Community Protection

Answer 40

To protect the community from the offender

Question 41

Classical school theory

Answer 41

People make rational choices about crime using the pleasure pain principle

Question 42

Positivist school

Answer 42

The task was to understand the 'scientific' laws that governed human behaviour, and to create conditions which could manipulate that behaviour

Question 43

Principle of less eligibility

Answer 43

Prisons conditions should be harder than those experienced by the lowest of the labouring class

Question 44

Overcrowding

Answer 44

Prison numbers have grown significantly in the last few years when crime rates have remained relatively stable or declined in the last decade.

Question 45

Goal of prisons

Answer 45

Reform or 'casting out' (i.e. social control)

Question 46

Australia prison pricing

Answer 46

Approximately $14 billion annually

Question 47

Restorative justice

Answer 47

Is one form of informal justice which gives a more central role to citizens not just legal professionas and methods of resolving disputes and responding to crime are more directly engaged with the victims, the offender and the community. It promotes heal (restoration) and not jut punishment bringing together all peope affected by the criminal offender

Question 48

Philosophy of Restorative Justice

Answer 48

Is about thinking about crime and criminality in a different way in order to provide different ways of doing 'justice'

Question 49

Benefits of restorative justice for the victim

Answer 49

It repairs the harm caused by the offender They have actively participate in the process There is a quicker outcome

Question 50

Limitations of restorative justice for the victitm

Answer 50

The victim will have to face the offender The apology might not be genuine There is risk of second victimisation or further trauma

Question 51

Benefits of restorative justice for the offender

Answer 51

They can avoid a criminal record and recieve a lesser penalty Opportunity to be involved in determining the outcome Hear from the victim and gain an understanding of the harm caused

Question 52

Limitations of restorative justice for the offender

Answer 52

Benefits offenders who are more articulate Offender must plead guilty to be eligible which can cause false confessions It is dependent on the victims agreement so it is less consistent

Question 53

Benefits of restorative justice for the community

Answer 53

Opportunity to participate Costs and resources benefits Development of shared perspectives in the community

Question 54

Limitation of resorative justice in the community

Answer 54

Not as open as court proceedings as not publicly accessible May be perceived as too lenient or 'soft' on offenders Concerns regarding consistency of penalties

Question 55

Resorative Justice conferencing

Answer 55

It is the most used form of restorative justice and it promotes communication between offenders. It leads to the creation of an Outcome plan or conference agreement. If the offender fails to undertake punishment then the original sentence applies

Question 56

Justice Reinvestment

Answer 56

It is a relatively new philosophy based on redirecting funds away from more prisons into community-based initiatives. It is prentative not just reactive. It aims at increasing income equality, providing stable housing and employement opportunities

Question 57

Routine Activity Theory

Answer 57

Prevention adresses a capapble (motivated) offender, a target (victim) and the absence of effective guardianship compared to law and order which only works on the offender. It can focus on opportunity reduction or environmental approaches ('target' or 'guardianship' or social prevention (reduce pool of 'motivated offenders')

Question 58

Typology of Crime Prevention

Answer 58

Social prevention and environmental prevention

Question 59

Social prevention

Answer 59

Focus on processes of socialisation that result in some people including offending as a part of their range of behaviours

Question 60

Environmental prevention

Answer 60

Focusing on physical environments in which offences can occur

Question 61

Primary prevention

Answer 61

Before the problems begins

Question 62

Secondary prevention

Answer 62

When symptoms of 'risk' are apparent

Question 63

Tertiary prevention

Answer 63

After a criminal event, to prevent 'relapse' or repeated victimisation

Question 64

The funnelling effect

Answer 64

At each stage of the criminal procession there is a significant reduction where the number of cases that progress through the CJS become much smaller and smaller.

Question 65

Rule of law

Answer 65

No one is above the law and it sould be appropriately scruntised, independent from the government and fairly applied

Question 66

Due Processes

Answer 66

Refers to the rights of people who come before the law

Question 67

What are examples of due processes

Answer 67

``` The right to silence, Trial by jury Burden of proof Access to legal representation Avenues for appeal ```

Question 68

Accountability

Answer 68

Relates to the capacity to be held responsilbe for one's actions or statements by some form of (ideally independent) oversight and or/review

Question 69

Double jeopardy

Answer 69

Prevents an accused person of being tried again on the same charges following a valid conviction

Question 70

Crime control model

Answer 70

Theory of criminal justice which places the emphasis on reducing crime through increased policy and prosecutial powers

Question 71

The adversarial system

Answer 71

Two advocated represent their parties case or position before and impartial person or group of people usually a jury or judge, who attempt to determin the truth and pass judgement accordingly

Question 72

Situational crime prevention

Answer 72

Focuses on the more immediate opportunities for offending. It seeks to reduce the harms caused by crime through altering immediate or situational factors in the environments where crime reguarly occurs

Question 73

Tunnel vision

Answer 73

Police offer a detailed narrative of the crime and focuses on one option rather than a range of alternatives

Question 74

Eyewitness testimony

Answer 74

Refers to the account given by a bystander "witness" to help or as evidence in trial

Question 75

CSI effect or CSI myth

Answer 75

Refers to the argumet that jurors expectations are influenced by the processes and results depicted in TV shows

Question 76

Failure of justice

Answer 76

In general terms refers to any failure to achieve justice, including wrongful convictions, acquitals, the failre to prosecute those responsible for crimes and unjust laws and punishments

Question 77

Factual guilt

Answer 77

Whether or not someone actually committed a crime

Question 78

Legal guilt

Answer 78

Is whether or not they can provide enough evidence to prove that they actually committed the crime

Question 79

Forensic sicence

Answer 79

The application of science to those criminal and civil laws that are enforced by police agencies in a criminal justice system

Question 80

Issue with eyewitness

Answer 80

The question of the validity of memory recall has been a point of significant debate in particular when it derives from a stressful situation such as witnessing the crime take place. As well as the fact that memory can be easily manipulated, altered and reflect a person's bias

Question 81

What causes a wrongful charge or conviction

Answer 81

DNA error Flawed Expert testimony Media pressure

Question 82

Inappropriate sentencing

Answer 82

It can either be too harsh or too lenient

Question 83

Failure to charge or convict

Answer 83

Dubious police decision making, police misconduct

Question 84

Flawed investigation

Answer 84

Information overload | Incorrect assumptions

Question 85

What are failures of jsutice

Answer 85

Wrongful charge or conviction Inappropriate sentencing Failure to charge or convict Flawed investigation