Test

Question 1

What is recidivism

Answer 1

The tendency to reoffend

Question 2

What is a sanction and it’s purposes

Answer 2

Sanctions are penalties or other means of enforcement or rules. Their purpose is to protect punish deter(stop criminals and other commmittng crime) denounce (unacceptable act) and rehabilitate

Question 3

who are the parties in a case

Answer 3

plantiff and defendant

Question 4

what is presumption of innocence

Answer 4

innocent until proven guilty

Question 5

what is a summary offence and indictable offence

Answer 5

minor crimes heard in magistrate court
magor crimer heard in the suprme court or district court

Question 6

what is bail

Answer 6

conditional release of defendant with the promise to apear in court

Question 7

what is the burden of proof and the standard of proof

Answer 7

the parties that has to prove they are correct
prove accused guilt beyond reasonable doubt

Question 8

define examination in cheif and cross examination

Answer 8

the examination of a witness called by the party questioning
the interrogation of of the witness called by the opposing party

Question 9

what is the judge and the jury

Answer 9

any one who appears on the electoral role may be eligable for the jury people who are disqualfied are those who have commited a crime (3y) been in prison (10y) on probation thos ineligable has a legal job disabled or language barrier thos excussed illness old primary caregiver long travel distance

Question 10

define actus reus and mens rea

Answer 10

guilty act and guilty mind

Question 11

what is common law and statute law

Answer 11

law made by the judge
law made by the parliament

Question 12

what are the elements of assualt

Answer 12

1. he accused applied force to victims body
2. the application of force was intentional or reckless
3. the application of force was without lawful justification or excuse

Question 13

what is self defence

Answer 13

necessary action to protect onesself and property

Question 14

what are possible sentences

Answer 14

fines, community corrections orders(rehab com serv curfew) prison

Question 15

what are agrivating factors

Answer 15

factors into a harsher sentence - record, harm done, premeditation, motivation

Question 16

what are migating factors

Answer 16

factors into a lesser sentence - age, mental state, past trauma, involvment criminal record, guilty plea

Question 17

what is the maximun sentence

Answer 17

theheaviest sentence a court can give

Question 18

what are the main differences between ausstralian and norway prison systems

Answer 18

norway: smaller prisons (57) no strict visitor restriction, human conditions(vote, educate, extra curiculars focus on rehab recidi=20% 21 y max snetence

aus: larger prisons privately and gov owned different levels, conditions vary between sates

Question 19

factors in sentencing

Answer 19

max petanalty, natre, current practises, culpability, motivatin, impact, plea, previous character, agrivatting migating factors