Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Core 1: Crime > Definitions > Flashcards

Definitions Flashcards

1
Q

Define State

A

Nation with a governing body, defined land, peoples

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define Crown

A

Governing body that takes a criminal act to courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define Prosecute

A

When the Crown/nation state holds an accused person accountable before the courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define Crime

A

Any act that affects society as a whole and is prosecuted by the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define Accused

A

Person suspected of committing a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define Beyond Reasonable Doubt

A

The standard of proof required for a criminal case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define Actus Reus

A

Guilty act, physical act of committing a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define Mens Rea

A

Guilty mind, accused intended to commit the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Define Caustation

A

The behaviour of the accused resulted in the criminal act occurring

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define Intention

A

Clear that the accused intended to be malicious or wilfully committed the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define Recklessness

A

When the accused knows their behaviour could lead to them committing a crime but does it anyway

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Define Criminal Negligence

A

The accused fails to foresee the risk and therefore allows an avoidable danger to occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define Strict Liability Offences

A

Those that prosecution only needs to prove actus reus not mens rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define Homicide

A

Deliberate or accidental unlawful killing of another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define Murder

A

Premeditated killing of someone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define Manslaughter

A

Killing someone with less of an intention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define Provocation

A

A defence to an act whereby the defendant’s actions are a result of another person’s behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Define Mitigating Circumstances

A

Circumstances that can excuse or lessen the sentence of an accused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Define Involuntary Manslaughter

A

Death as a result of the accused behaving recklessly or negligently w/o intending to kill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Define Constructive Manslaughter

A

Threatening to cause harm to another or assault where there is no physical harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Define Infanticide

A

Death of baby <12 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Define Common Assault

A

Threatening to cause harm to another or assault where there is no physical harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Define Assault

A

When someone physically attacks or threatens to attack another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Define Wounding

A

Means no more than the top layer of skin is removed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Define SNPP

A

Standard Non-Parole Period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Define Aggravated Sexual Assault

A

When there are even more serious circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Define Sexual Assault

A

When someone is forced into sexual intercourse without consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Define Sexual Offences

A

When someone is forced into sexual intercourse without consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Define Kidnapping

A

Taking someone or holding them w/o their consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Define Affray

A

Fighting in public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Define Attempt

A

hen someone tries to or plans to commit a crime but either hasn’t followed through or is unsuccessful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Define Breaking and Entering (B&E)

A

When a person enters a building with the purpose of committing another offence e.g. larceny

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Define Conspiracy

A

When 2+ people collaborate and plan to commit a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Define Embezzlement

A

When someone steals someone’s money that has been given to them trustingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Define Fraud

A

Economic offence that involve an element of deceit or lying for gain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Define Insider Trading

A

Illegally acquiring company info & using that to their advantage to buy & sell shares

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Define Larceny

A

When someone takes another person’s property w/o consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Define Offences Against the Sovereign

A

Any type of offence that has anything to do with the state or heads of state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Define Riot

A

A group of people disturbing the peace through violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Define Robbery

A

Using force when stealing property or if property is taken directly from the victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Define Sedition

A

Promoting discontent, hatred, or contempt against a govt. or head of state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Define Tax Evasion

A

When a person or company tries to avoid paying taxes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Define Treason

A

Any action that goes against the state, harms, or results in the death of the head of state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Define White Collar Crimes

A

Crimes that are usually non-violent associated with business people & money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Define Summary Offences

A

Less severe offences like theft that will be heard in lower-level courts by magistrate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Define Indictable Offences

A

More serious offences like murder that are heard in higher courts by judge/jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Define Triable Summarily

A

Accused can have indictable cases heard in Lower Court if they want

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Define Principal in the First Degree

A

Someone who actually commits the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Define Principal in the Second Degree

A

Someone present or who assisted in some other way during the crime who helped the principal offender carry out their crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Define Accessory Before the Fact

A

Someone who helps plan or prepare before the principal commits the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Define Accessory After the Fact

A

Someone who helps the principal after they commit the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Define Derivative Charges

A

Charges where the principal in the first has to be charged FIRST for the principal in the second to be charged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Define Criminology

A

Study of criminal behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Define Social Factors

A

To do with a person’s family and relationships

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Define Political Factors

A

Any crime committed in the name of expressing ones political beliefs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Define Crime Prevention

A

Aims to reduce crime rates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Define Situational Crime Prevention

A

Strategies that make committing a crime more difficult or could deter them in the first place by making it more challenging or higher likelihood of getting caught

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Define Physical Environment

A

The way a building, area is designed so as to prevent crime or making it difficult

59
Q

Define Crime Stoppers

A

To report info on suspicious behaviour or unsolved crime

60
Q

Define Hearsay Evidence

A

Evidence someone heard someone else say, witnesses need to be directly observed

61
Q

Define Ordinary Search

A

Searching but may require removal of overcoat, coat, jacket, gloves, shoes, socks or hat

62
Q

Define Frisk Search

A

Searching by running the hands over person’s outer clothing or passing metal detectors over the person’s body. Also includes anything worn or carried by the person that can be removed

63
Q

Define Strip Search

A

Only conducted if police have a reasonable suspicion of seriousness or urgency, they will have to remove all their clothing

64
Q

Define Warrent

A

Document issues by magistrate/judge authorises a police officer to perform duties they couldn’t

65
Q

Define Interrogation

A

Questioning a suspect

66
Q

Define Caution

A

Statement issued by police to a suspect when they are detained to inform the suspect of their rights (Aust version of Miranda rights)

67
Q

Define Preventative Detention Order

A

When someone is detained w/o evidence on suspicion of terrorist behaviour

68
Q

Define Unconditionally

A

No restrictions on behaviour

69
Q

Define Summons

A

Legal notice served to someone requesting they attend a court session

70
Q

Define Court Attendance Notice

A

What a summons is now referred to

71
Q

Define Warrant

A

Gives officials authority to do something

72
Q

Define Court Attendance Notice (CAN)

A

Document outlining when, where a person must appear at court and for what charges

73
Q

Define Subpoena

A

Like a CAN except for witnesses requiring them to appear at court on a specified date

74
Q

Define Bail

A

Temporary release of an accused person while they wait for trial

75
Q

Define Surety

A

Someone else pays bail money on behalf of them

76
Q

Define Remand

A

When bail is denied & the accused remains in custody until trial

77
Q

Define Conditional Bail

A

When bail is granted with the proviso that certain actions need to be carried out

78
Q

Define Unconditional Bail

A

When bail is granted with no conditions imposed

79
Q

Define “Show Cause”

A

Accused may have to prove to the court why locking them up isn’t justified

80
Q

Define Detention

A

When an officer holds & questions someone in a “brief and cursory” manner

81
Q

Define Interrogation

A

Official interview by the police

82
Q

Define Appeal

A

When a case is reviewed in a higher court

83
Q

Define Appellate Jurisiction

A

Power given to courts to hear appeals from other courts

84
Q

Define Court Hierarchy

A

The court system in order of jurisdiction and level

85
Q

Define Coroner

A

A judicial officer appointed to investigate deaths in unusual circumstances

86
Q

Define Original Jurisiction

A

Power given to a court to hear a case for the first time

87
Q

Define Committal Proceedings

A

Preliminary hearing in a magistrates’ court to decide if there is enough in an indictable case to be heard in a higher court

88
Q

Define Prima Facie

A

Means ‘establishing the facts’ i.e. enough evidence in an indictable case for the accused to stand trial

89
Q

Define Inquest

A

A court hearing where the coroner considers evidence to determine the identity of the deceased and the date, place, manner and cause of death of the deceased

90
Q

Define Recidivism Rate

A

The rate of repeat offend

91
Q

Define Adversary System

A

A system which refers to the way in which 2 parties on opposing sides present their case to the judge, jury or magistrate

92
Q

Define Accused

A

Person on trial to determine whether or not they committed a criminal act

93
Q

Define Barrister

A

Legal representative who represents either the prosecution or the accused in intermediate or superior levels of court

94
Q

Define Director of Public Prosecutions

A

They are the head of the public prosecution office and determine what cases will be taken to trial & which prosecutor/s will oversee them, etc.

95
Q

Define Judge

A

Legal expert who oversees intermediate and superior levels of court

96
Q

Define Magistrate

A

Legal expert who oversees lower level of court

97
Q

Define Public Prosecutor

A

Legal practitioner employed by the Director of Public Prosecutions, usually representing the state in indictable offences

98
Q

Define Police Prosecutors

A

Is a NSW Police Officer trained in prosecution – usually for summary offences

99
Q

Define Prosecution

A

Legal representative who brings a criminal case to the court on behalf of the state (Cth or NSW)

100
Q

Define Public Defendant

A

A barrister or solicitor provided for individuals who cannot afford to employ their own legal council

101
Q

Define Solicitor

A

Legal representative who represents either the prosecution or the accused in Local Court

102
Q

Define Plea

A

A formal statement by the accused before a trial goes to court claiming guilty or not guilty

103
Q

Define Charge Negotiation

A

Where accused is given a reduced sentence or a lesser charge in exchange for pleading guilty

104
Q

Define Means Test

A

A test whether the case is likely to succeed

105
Q

Define Merit Test

A

A test whether the case is likely to succeed

106
Q

Define Beyond Reasonable Doubt

A

Meaning the evidence is airtight and there is no doubt of its reliability & relevance

107
Q

Define Burden of Proof (onus)

A

This means who has the responsibility of proving guilt

108
Q

Define Balance of Probabilities

A

That determines income, assets & if they can afford a lawyer

109
Q

Define Hearsay Evidence

A

i.e. evidence someone heard someone else say, witnesses need to be directly observed

110
Q

Define Real Evidence

A

i.e. evidence that can be shown to the jury during the trial

111
Q

Define Documentary Evidence

A

Original documents acquired during the investigation

112
Q

Define Witness Evidence

A

Someone who witnessed the crime or witnessed something leading up to/after the crime

113
Q

Define Expert Witness

A

Someone who has specialised knowledge relating to the case e.g. psychiatrist, forensic scientists, etc.

114
Q

Define Complete Defence

A

Type of defence that can result in the accused having all charges being dropped and no conviction

115
Q

Define Partial Defence

A

Type of defence that can result in a reduced charge or sentence

116
Q

Define Jury

A

Panel of random citizens from the electoral role whose job it is to decide whether or not an accused is guilty

117
Q

Define Verdict

A

The decision made by the jury determining not/guilty

118
Q

Define Challenges for Cause

A

Challenges based on the person not being qualified to serve on a jury

119
Q

Define Mandatory Sentences

A

In some types of crimes statute law has been put in place that means the judge can’t come to their own sentence verdict, they must follow the sentence specified in the law

120
Q

Define Specific Deterrence

A

Which aims to dissuade the offender from committing further crime

121
Q

Define General Deterrence

A

Which aims to dissuade others, who have been made aware of the punishment inflicted upon the offender, from committing crime

122
Q

Define Aggravating Factor

A

A circumstance that makes the offence more serious; it can lead to an increased sentence

123
Q

Define Mitigating Factor

A

A circumstance that makes the offence less severe; it can lead to a reduced sentence
Subjective Factors – Factors to do with the state of mind of the victim or the offender

124
Q

Define Subjective Factors

A

Factors to do with the state of mind of the victim or the offender

125
Q

Define Objective Factors

A

Factors to do with the circumstances of the crime

126
Q

Define Victim Impact Statement

A

Statement written by the victim or victim’s family about the impact the crime has had on them, heard at the time of sentencing

127
Q

Define Appeal

A

Is to request for a case to be considered again in a higher-level court

128
Q

Define Appellant

A

The party who is appealing the case

129
Q

Define Appeal Against Conviction

A

An appeal where the defendant argues that they did not commit the offence of which they were found guilty

130
Q

Define Sentence Appeal

A

Appeal against the severity or leniency of a sentence

131
Q

Define Circle Sentencing

A

A form of sentencing available for Indigenous Australians that involves a circle of community elders deciding on the punishment appropriate to the individual

132
Q

Define Restorative Justice

A

A form of sentencing where the victim and offender meet to communicate their perspectives

133
Q

Define Customary Law

A

Laws relating to a certain culture/society that are not written in any official legal document but are rather traditional practices that have been followed

134
Q

Define Security Classification

A

How dangerous the offender is deemed based on their convicted crime

135
Q

Define Parole

A

The conditional release of a prisoner from custody after the completion of the minimum term of the sentence

136
Q

Define Post-sentence Preventative Detention

A

Occurs when a person has already been sentenced and has served that sentence

137
Q

Define Preventative Detention Without Charge

A

Can occur at any time

138
Q

Define Juvenile Justice

A

The area of law and policy concerned with young people

139
Q

Define Doli Incapax

A

Latin term meaning ‘incapable of wrong/criminal intent’ – idea that children under a certain age can’t be held legally responsible and therefore can’t be guilty of an offence

140
Q

Define Conclusive Presumption

A

Legal presumption favouring one party that is final (conclusive) but CANNOT be rebutted by other party

141
Q

Define Right to Silence

A

Right of a person to refuse to answer any question on grounds that they may incriminate themselves

142
Q

Define Interview Friend

A

A parent, guardian, friend or legal representative present at police interview (for support & as witness that statements are made voluntarily

143
Q

Define Caution

A

Statement issued informing suspect of rights when detained

144
Q

Define Committal Proceedings

A

Held to determine whether, in the case of more serious criminal offences, there is sufficient, evidence to require the defendant to stand trial

Core 1: Crime (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions