Role of crime Flashcards

Question

Investigating crime- use of technology role

Answer 1

· Surveillance technology has assisted in the investigation and prevention of crime, used to identify criminals. · DNA is also used for the identification of people, yet there are strict regulations on the use of this technology, outlines in the Crimes (Forensic Procedures) Act 2000 (NSW). · Police sometimes use technology to gather and asses evidence e.g. phone taps, video surveillance, DNA collection and analysis, use of data banks, such as COPS

Answer 2

· The Police Powers (Drug Detection Dogs) Act 2001 (NSW) gives the police the power to use sniffer dogs · It is argued that this is a breach of the civil liberties of people à link to reasonable grounds. · The dogs are used at large events, used to search people for illegal articles, mainly illicit drugs. · The power of search and seizure means that police and other people, such as customs officers, have the power to search people and their belongings or premises and to take away property that is illegally held or is to be used in evidence

Answer 3

A warrant is an authorisation, by a judicial officer, to enter and search premises. The Regulatory Powers Act provides for monitoring and investigation warrants. An issuing officer can issue a monitoring warrant in relation to a provision, information or matter that is nominated in the triggering Act. For more information on a ‘matter’ for the purposes of Part 2 of the Regulatory Powers Act, see 2021 amendments to the Regulatory Powers Act.

Answer 4

Under the adversary system, both parties are afforded the right to seek a lawyer to represent them, and each side is provided with an equal opportunity to present their arguments and evidence in court – no verdict can be reached until both the Defence and Prosecution have rested their cases and the final arguments have been presented.

Answer 5

An adversarial system of criminal justice is a system in which the accused and the accuser present their arguments in court to be decided by a 3rd party (judge or jurors).

Answer 6

Under the inquisitorial procedure, the pretrial hearing for bringing a possible indictment is usually under the control of a judge whose responsibilities include the investigation of all aspects of the case, whether favourable or unfavourable to either the prosecution or defense. Witnesses are heard, and the accused, who is represented by counsel, may also be heard, though he is not required to speak and, if he does, he is not put under oath. Judge assumes a direct role

Answer 7

– A magistrate decides cases in local court, while a judge decided cases in higher courts. In criminal cases a judges role differs depending on whether he or she is sitting in a trial by jury or a summary hearing. In both types of cases the magistrate/judges job is to: ensure trial is conducted legally, decide questions which arise about the law and impose punishment

Answer 8

- treason - sedition - terrorism

Answer 9

A warrant is an order made by a judicial officer granting (or extending) certain police powers in relation to a person or police investigation. warrant for arrest is an order made by a Registrar, Magistrate or Judge which allows police to arrest and detain the person named in the warrant for the purpose of bringing that person before the court. There are different types of warrants for arrest, depending on the stage of the police prosecution and court proceedings.

Answer 10

summons, in law, document issued by a court ordering a specific person to appear at a specific time for some specific purpose. It is issued either directly to the person or to a law officer who must carry out the instructions. Often the purpose of a citation or summons is to require a person to answer charges or a complaint filed against him. It may also be used simply to notify a person that he has an interest in the proceedings at hand, which it would be to his advantage to attend.

Answer 11

Bail and the importance of liberty are well known concepts. Bail determines whether an individual may return home while awaiting trial or remain in custody, with or without conditions. Yet in contemporary society, it is commonly misconstrued as a way to either punish accused persons who have not been formally found guilty, and so cannot yet be called offenders, or as a ‘get out of jail free’ card used by the wealthy or powerful.

Answer 12

-A remand prisoner is someone held in custody while waiting for their trial or sentencing. -A remand prisoner may be held in prison, or in police cells, court cells, or psychiatric facilities as required. -The court has to decide if the accused is to get Court Bail. -There are several reasons that can lead to an accused being remanded. These include: the seriousness of the offence the risk of re-offending they are a risk to themselves protecting the victim.

Answer 13

Right to silence Right not to be searched, only with a warrant (unless there are reasonable grounds) The right to be released from custody if a charge is not made within a reasonable time (the investigation period, i.e. 4 hours) Right for confessions to be free and voluntary. Right for a minor to have an independent adult person present during questioning

Answer 14

-- right to privacy - right to a lawyer - right to be informed - right to make a phone call ' - right to challenge detention - right to be brought before court

Answer 15

the term suggests, these are offences that deal with keeping the good order of the community. The offences are not typically serious in nature, however, most of them do still carry a term of imprisonment as a possible penalty.

Answer 16

Examples include: aggravated burglary indecent assault drug trafficking offences manslaughter murder.

Answer 17

Influence a person’s attitude towards crime incl. family situation or personal relationships. Groups associated with may also influence attitudes. Environment a person is raised in may also influence behaviour. Differential association. – Statistically people are more likely to commit crimes if they come from a poor or disadvantaged background or If people are surrounded by or brought up with criminal behaviour around them then they will be more likely to commit crimes themselves because it is seen by them to be socially acceptable to do so

Answer 18

One of the most substantial reasons for committing a crime is for economic gain. Those from disadvantaged backgrounds are more likely to commit crimes than any other group. Poor education or lack of skills which leads to a higher chance of unemployment. For greater Economic benefit.

Answer 19

Each court has a particular 'jurisdiction', which is the scope of a court's authority to decide matters. The term comes from Latin: 'juris' – the law and 'dictio' – to say or declare.

Answer 20

A specially trained officer who usually prosecutes a case in the local court

Answer 21

The holder of a government office responsible for prosecuting indictable offences heard summarily or in front of a jury. For these offences a barrister generally prosecutes the case.

Answer 22

Legal practitioners appointed by the NSW government to represent accused people in the district and supreme court, only those accused of serious offences. Only available to people who have been granted legal aid

Answer 23

a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge, offering an allegation of fact, or claiming that a point of law should apply.

Answer 24

The Department of Communities and Justice, Legal (DCJ Legal) can provide or assist in providing legal advice and representation to witnesses called before the NSW Independent Commission Against Corruption (ICAC), the Law Enforcement Conduct Commission (LECC) and the NSW Crime Commission (NSWCC).

Answer 25

Evidence is the means by which a fact is proved. It can be spoken evidence, or in the form of a document or object. In most cases, evidence is provided by witnesses who can tell the court what they saw or heard (or in some cases, smelt or touched). Witnesses may also introduce physical evidence – such as weapons, drugs, fingerprints and so on.

Answer 26

if a person is charged with a violent offence such as assault or murder, they have a complete defence if they were acting in self-defence or in defence of another person. If the accused raises self-defence, it then becomes the responsibility of the prosecution to prove that they were not acting in self-defence.

Answer 27

Extreme provocation; Excessive self-defence; Substantial impairment because of mental health impairment or cognitive impairment; Infanticide

Answer 28

In criminal trials, a jury hears evidence, applies the law as directed by the judge, and decides if a person is guilty or not guilty of a crime, based on the facts. A jury does not participate in the sentencing process.

Answer 29

The Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 (NSW): Gives statutory force to the courts issuing guideline judgements in NSW · Crimes (Sentencing Procedure) Amendment Act 2001 (NSW): Gives the Court of Criminal Appeal the power to issue sentencing guidelines Makes earlier, state-issued guidelines valid Sets out general guidelines for the courts to use in sentencing offenders The degree of weight place on aggravating and mitigating factors will be determined by each individual case

Answer 30

Deterrence is a well-known sentencing principle and is regularly cited in court decisions, along with retribution, rehabilitation and community protection. Section 3A(b) states that the court must impose a sentence that “prevent[s] crime by deterring the offender and other persons from committing similar offences”.

Answer 31

Proponents of the retribution theory disagree about why offenders deserve to be punished. Some argue that it is to eliminate the unfair advantage the offender gained over other law abiding citizens by committing the offence; while others say that it is to satisfy a debt to society.

Answer 32

The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community.

Answer 33

Incapacitation aims to restrain an offender in order to render him or her incapable of re-offending.[171] Imprisonment is one form of incapacitation. Other sentencing options that curtail an offender’s liberty—such as the use of electronic surveillance to track an offender’s movements—are also forms of incapacitation.

Answer 34

In determining the appropriate sentence for an offence, the court must first identify the 'objective seriousness' of the offence, by reference to the actual conduct of the offender that gave rise to that offence. The court must also take into account any aggravating factors concerning the commission of the offence, as well as any mitigating factors relevant to the offence, or to the personal circumstances of the offender. An aggravating factor can increase the potential sentence, whereas a mitigating factor can reduce it. The relative importance of each factor will vary, depending on the circumstances of the case.

Answer 35

A victim impact statement is a statement read to the court, outlining the full effect of the crime on the victim. The advantages of the statement are: – Can provide useful information – Gives the victim a role in the court process, giving the victim and community greater confidence in the system – May assist in the rehabilitation of the offender, because they get to hear the impact they had

Answer 36

An appeal is an application to a higher court by a party who believes that a decision of a lower court was incorrect. There is no right at common law to appeal against a decision, so a party can only appeal against a decision where an appeal is allowed by legislation.

Answer 37

With no conviction recorded, the accused individual avoids the legal consequences typically associated with a criminal conviction. This means they are not subjected to fines, imprisonment, or other penalties that would otherwise be imposed.

Answer 38

If you receive a caution, the police can't take any further action against you in relation to that offence. You receive a caution instead of having any other criminal penalty. There cannot be any conditions or further penalties, but you can be asked to write an apology to the victim.

Answer 39

The bond amount, or penalty, is the monetary amount the surety is liable for in a surety bond agreement. In the instance of a valid claim on the bond, the surety would be liable for payment up to the penalty amount. Bond penalty amounts are typically set by the party requiring the principal to be bonded.

Answer 40

A suspended sentence is a term of imprisonment that is suspended upon an offender entering into a good behaviour bond. The offender is then allowed to live in the community provided they abide by conditions. If the conditions are not breached, the term of imprisonment or detention does not have to be served. If the conditions are breached, the person will usually be ordered to serve some or all of the suspended term. Suspended sentences still exist in many Australian jurisdictions.

Answer 41

Probation involves the supervision of offenders in the community by Corrective Services and rehabilitation programs. It is considered when an offender faces prison but would benefit instead from supervised rehabilitation in the community. In deciding whether probation is appropriate, a court considers the offence's circumstances and the offender's characteristics. Probation reflects a welfare approach to criminal justice, where offending is often the result of social disadvantage, family issues,etc

Answer 42

A CIN can be issued by police in NSW for some minor offences including: Stealing (property value under $300) – $300 fine Offensive language – $500 Offensive behaviour – $500 Unlawful entry – $250 Obstruct traffic – $200 Goods in custody – $350 fine Continuation of intoxicated and disorderly behaviour after move-on direction – $1100 Possession of prohibited drug (small quantity) – $400

Answer 43

Penalty units are used to stipulate the amount payable for a fine. Penalty units are used instead of dollar amounts because the value of a penalty unit is indexed for inflation and changes regularly. In New South Wales, a penalty unit is currently worth $110.

Answer 44

Community corrections orders are governed by section 8 of the Crimes (Sentencing Procedure) Act 1999 and are designed to be a more flexible non-custodial sentence than CSOs were. CCOs may be made for a period of up to three years. They are subject to the conditions that the person does not commit a further offence and will attend court if called upon to do so.

Answer 45

Home detention no longer exists as a standalone sentencing order in New South Wales. However, a home detention condition may be imposed as part of an intensive correction order (ICO). This article outlines how intensive corrections orders and home detention conditions operate in NSW.

Answer 46

A form of imprisonment that allows the offender to serve a certain amount of time weekly.

Answer 47

Court program set up to divert offender away from traditional criminal process in the hope of rehabilitation and discouragement of recidivism.

Answer 48

Circle sentencing is when a group of respected people in the community work together and with the offender to find a solution and work with how they interact with people

Answer 49

While there remains some disagreement regarding practices that should and should not be considered ‘restorative justice’, the definition offered by Marshall (1996: 37) of process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future has been widely accepted

Answer 50

A security classification (PROTECTED, SECRET and TOP SECRET) is only applied to information (or assets that hold information, such as laptops, USBs) if it requires protection because the impact of compromise of the information or asset would be high, extreme or catastrophic.

Answer 51

Protective custody (PC) is a type of imprisonment or care that keeps a person safe from harm, either from other prisoners or outside sources. It can involve solitary confinement, or moving the prisoner to a secure prison or another section of the prison. Prisoners can request PC if they believe their current environment is harmful, and officials may grant the request if they determine the prisoner is at risk.

Answer 52

A continuing detention order gives the State of NSW power to apply to the Supreme Court for the continual detention of a detained offender past the expiration of his or her original imprisonment sentence provided certain factors are satisfied. An application for a continuing detention order against a detained offender who is serving an imprisonment sentence for a serious offence or an offence of a sexual nature cannot be made more than 9 months before the end of his or her total sentence. Further continuing detention order can be imposed following the expiration of an existing one.

Answer 53

he NSW Child Protection Register (the Register) is a record of people who been sentenced for certain sex offences against a child, or for kidnapping, manslaughter or murder of a child, called a registerable offence. It is kept by NSW Police. The Register is also sometimes called the Sex Offender Register. If you have been sentenced for a serious offence against a child, that offence may be a registerable offence. You would automatically go onto the Register. The only way to know for sure is to speak to a lawyer.

Answer 54

Deportation of a person requires a specific deportation order to be made under section 206 of the Migration Act 1958 and it is used in relation to Australian permanent residents only. In contrast, removal is an automatic process used for those held in immigration detention. It does not require any specific order to be made. People who are removed from Australia are unlawful non-citizens who do not have a valid visa to be in Australia. This may be because their visa has expired or been cancelled.

Answer 55

In Australia, the age of criminal responsibility is 10 years old, as set by the Commonwealth, states, and territories. However, there are some considerations that come into play when dealing with children under 14

Answer 56

Children have the same rights as adults when questioned or arrested, however they have additional protections: parent/guardian must be notified if a child is taken into custody. Have the right to an independent adult as a support person during any police procedure, such as an interview or search.

Answer 57

parent/guardian must be notified if a child is taken into custody Have the right to an independent adult as a support person during any police procedure, such as an interview or search. Any statement taken from a person under 18 years of age is inadmissible in court unless there was an independent adult present. Police must tell a child about his/her rights and assist the child to exercise those rights Child under 10 may not be strip searched and a support person should be present for older children Police must not photograph or take fingerprints of children under 14 unless there is a court order Police cannot take bodily samples without a court order

Answer 58

A court attendance notice is filed by the police at the children’s court once a child has been charged with a criminal offence. If the young person was placed on bail, they will be required to attend court on the date stated on the court attendance notice, usually a few weeks after the charges are laid. If the young person was remanded by the police, the matter will be brought before a court as soon as possible. They will then have the opportunity to apply for bail or to plead guilty and finalise the charges on the spot. If a plea of not guilty is entered, the matter will be adjourned for the police to prepare and serve what is called a ‘brief of evidence’. If the young person maintains his or her plea of not guilty after seeing the brief of evidence, the court will adjourn the matter for a defended hearing.

Answer 59

In New South Wales, the Children’s Court deals with defendants who are alleged to have committed a crime while under the age of 18. The way young people are dealt with by the courts is different in some respects from the way courts deal with adults. The criminal division of the Children’s Court deals with criminal matters including traffic offences, summary offences, bail applications, pleas and contested hearings. The NSW Children’s Court also hears domestic violence matters involving juveniles, care and protection matters and compulsory schooling matters

Answer 60

A young person can be sentenced to the following orders by the Children’s Court: dismissal with or without a caution caution fine good behaviour bond probation order community services order; and control order (which may be suspended) placing the child or young person in detention.

Answer 61

Offences include: murder mutilation cruel treatment and torture attacks against civilian populations or non-combatants sexual or gender-based violence deliberate population displacement hostage-taking pillaging. killing members of the group causing serious physical or mental harm to the group deliberately inflicting conditions to bring about the physical destruction of the group murder extermination enslavement

Answer 62

Eg. war crimes, genocide, terrorism, slavery

Answer 63

Crimes which occur within a states legal system but contain an international element. · Eg. hostage taking, terrorism, drug trade and pornography

Answer 64

· Formal legal documents e.g. treaties and conventions· A person is handed to another state because they accused of committing a crime in the latter state Countries can promote training and technical assistance to help national authorities build or upgrade their capacity.

Answer 65

- Customary international law: Procedures and principles established over time· sanctions Action taken by the international community against a state that has broken international law · Can be political, economic, financial or physical International Court of Justice · Judicial arm of the United Nations · Hears cases between nations · Issues advisory opinions

Answer 66

The International Criminal Court can only intervene where a State is unable or unwilling to genuinely carry out the investigation and prosecute the perpetrators

Answer 67

The term "international crime" is a collective term for certain extremely serious violations of international law: genocide, war crimes, crimes against humanity, torture and enforced disappearances.

Answer 68

most juveniles will “grow out” of offending and adopt law-abiding lifestyles as they mature. This paper outlines the factors (biological, psychological and social) that make juvenile offenders different from adult offenders and that necessitate unique responses to juvenile crime. It is argued that a range of factors, including juveniles’ lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles’ risks of contact with the criminal justice system.

Answer 69

Determines privileges – Determines the way and which prison he/she serves the sentence – Protects the prisoner from harm although restricts their opportunities -

Answer 70

Home Detention condition If the court is considering imposing a home detention condition or a community service work condition, it must first have the offender assessed for such a condition and impose the condition only if they are found to be suitable for it. A person who is sentenced to an ICO with a home detention condition will be confined to their home and allowed to go out only with permission from Corrections for approved purposes such as attending work, study or medical appointments

Answer 71

Is considered any attempt or intention to levy war against the state or assist an enemy. In other words, it is betrayal to your home country. Treason includes espionage and spying.

Answer 72

Sedition refers to actions that promote discontent, hatred or contempt against a government or leader of the state through slanderous use of language and offences urging force or violence against the government.

Answer 73

Terrorism is the unlawful use of force with a political aim. Terrorism is particularly sinister because terrorists often target civilians and ‘soft targets’ rather than government forces.

Role of crime Flashcards

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