Unit 1 - Chapter 3 - Criminal Investigation and Sanctions

Question 1

Police protection of the community.

Answer 1

. Public Order Response Team (PORT)
. Crime Stoppers Australia
. Neighbourhood Watch Victoria

Question 2

What is the role of the Police in the community?

Answer 2

. to serve the community and the law
. preserve the peace, protect life and property
. they prevent crime, detect and apprehend offenders
. and assist victims of crime or other people in times of emergency

Question 3

Why are police powers necessary?

Answer 3

Because they need to be able to investigate crime and bring offenders to justice to do their job of enforcing law. They have to deal with a variety of situations and may often find themselves in danger

Question 4

How do police protect the community?

Answer 4

. directing traffic
. preventing crime
. investigating crime
. assisting victims after a crime has been committed
. assisting in state emergency situations

Question 5

What are individuals rights?

Answer 5

Individuals have the right to:
. be informed of the charge
. be informed of their rights
. ask a police officer for their name, rank, identification number and station
. remain silent (however they must supply their name and address)
. communicate with lawyers, family members or friends before questioning
. be released unconditionally on bail, or brought to a court before a Magistrate within a reasonable amount of time
. see any written statements
. have a parent, guardian or adult present if under 18 years of age
. refuse to accompany a police officer to the police station unless under arrest
. refuse to take part in an identification parade
. refuse to take part in the reconstruction of a crime
. refuse to have photographs taken
. refuse to provide body samples
. refuse to supply voice prints
. refuse to allow search of property

Question 6

What happens when a crime is reported?

Answer 6

The police will investigate the crime and try and find the person responsible. They will:
. talk to any victims or witnesses
. question possible suspects
. examine the scene
. look for physical or forensic evidence
. charge the offender and ensure the person is taken to court

Question 7

What right do the police have?

Answer 7

Police have the right to:
. question suspects for a reasonable time
. demand the name and address of a suspect
. question wittinesses and victims
. ask suspects to accompany them to the police station
. take fingerprints of persons over 15 years
. take blood and body samples with consent or a court order
. search a car if police have reasonable grounds that the vehicle contains drugs
. search a person or package if they reasonably believe that the person is carrying a weapon
. arrest with or without a warrant
. use reasonable force to make an arrest
. suspend a drivers licence on the spot
. use listening devices or tap phones with court permission
. hold an identification parade
. engage in entrapment
. reconstruct a crime if the suspect agrees to participate

Question 8

Why are individuals’ rights necessary?

Answer 8

Because every person has the right to be treated as innocent until proven guilt.

Question 9

What is a warrant?

Answer 9

This is a document authorising arrest, search of premises or to carry out some other action relating to the administration of justice.

Question 10

What is bail?

Answer 10

The procedure that enables accused people to be released from custody after being charged on the understanding that he or she will appear at their hearing or trial. It can be granted by a senior police officer, bail justice or court at the time of arrest, during the trial and whilst awaiting sentencing or an appeal.

Question 11

What is a charge?

Answer 11

When the Police formally allege that a person has committed a crime.

Question 12

What is a custodial sentence?

Answer 12

A sentence where the offender is detained in custody (in prison).

Question 13

What does denunciate mean?

Answer 13

When a court shows disapproval.

Question 14

What is guideline judgement?

Answer 14

Advice given by the Court of Appeal that directs what other courts should do when passing sentence in certain types of cases.

Question 15

What is Prima Facie Case?

Answer 15

On the face of it; there is sufficient evidence to suggest that the accused has committed a crime.

Question 16

What is a question of law?

Answer 16

A dispute about the law that applies to a particular situation.

Question 17

What is a recidivist?

Answer 17

A person who continues to commit crimes despite being punished for them.

Question 18

What does rehabilitate mean?

Answer 18

Tp restore to a life without crime; restore reputation.

Question 19

What does remand mean?

Answer 19

A suspect is refused bail and is held in custody until the trial.

Question 20

What does right to silence mean?

Answer 20

A person can remain silent during police questioning, except in circumstances when they may be required to give their name and address; a person can also elect to not give evidence in court.

Question 21

What is a summons?

Answer 21

A document telling the accused which court will deal with their criminal case and the mention date (date of first hearing). It is issued of it is believed that the accused will voluntarily attend court, does not pose a danger to the community or will not commit further offences.

Question 22

What is a surety?

Answer 22

A person who guarantees the appearance of an accused person at their trial if they been released on bail.

Question 23

What are the different types of searches?

Answer 23

. search with a warrant
. search without a warrant
. pat-down (frisk) search
. full (strip) search

Question 24

What is pat-down (frisk) search?

Answer 24

This is where police use their hands to see if items are concealed in clothing. The police can ask for outer clothing like coats, hats and shoes to be removed and can ask people to turn out their pockets during a search.

Question 25

What is a full (strip) search?

Answer 25

This must be done in private and should not involve any touching of the body. This kind of search involves an officer (of the same sex as the person being searched) supervising the removal of clothing for further examination.

Question 26

Arguments for and against increased police powers.

Answer 26

For: . Criminals now have increased awareness of their rights, and it is therefore more difficult to bluff them into giving important evidence. . The police need increased powers to deal with the increasing crime rate in some areas of crime such as international crimes, terrorism, crimes involving advances in technology. . Some sections of the community feel that increased powers are necessary so they can feel safe from violence. . Well-organised and wealthy criminals can misuse their rights to avoid detection or arrest. Against: . The police already have significant powers. . Increased powers may lead to abuse of power against innocent individuals in society. . There is no conclusive evidence to indicate that increased powers will lead to better crime prevention or detection. . If police powers were increased it could lead to individuals having to prove their innocence, rather than being presumed innocent until proven guilty. . More emphasis should be placed on crime prevention rather than increased powers for crime detection. The police already have significant powers. Increased powers may lead to abuse of power against innocent individuals in society. There is no conclusive evidence to indicate that increased powers will lead to better crime prevention or detection. If police powers were increased it could lead to individuals having to prove their innocence, rather than being presumed innocent until proven guilty. More emphasis should be placed on crime prevention rather than increased powers for crime detection.

Question 27

What is the impact of criminal activity on individuals?

Answer 27

It affects individuals directly and indirectly. It affects victims, offenders and their families.

Question 28

How are victims impacted by criminal activity?

Answer 28

They can be affected: . financially (medical expenses, loss of property, damage to property or loss of income) . physically (crime committed against them) . and mentally (emotionally traumatised and lose self-confidence as a result of crimes committed against them)

Question 29

What are some indirect affects of criminal activity?

Answer 29

A person who is a victim of crime is likely to take time off work to recover from the trauma, it then affects businesses because they then have to deal with the cost of an absent employee.

Question 30

How are offenders and their families impacted by criminal activities?

Answer 30

Offender: . may be filled with guilt (especially if the crime had a big effect on the victim) . going to court can be stressful and costly Families of offender: . emotional strain of finding that a family member had committed a crime . going to court can be stressful and costly

Question 31

What is impact of criminal activity on society?

Answer 31

People want to feel safe when they walk the streets. So if crime is more prevalent in an area they will avoid it because they don't want to become the next victim.

Question 32

What are some ways criminal behaviour can affect the community?

Answer 32

. physical pain and suffering felt by victims of crime . financial loss experienced by victims of crime . cost of providing police to enforce the law . cost of providing medical care for victims of crime . etc.

Question 33

What are sanctions?

Answer 33

They are criminal punishments provided by the court to punish an offender appropriately for their crimes.

Question 34

What are the aims of criminal sanctions?

Answer 34

``` . punish . protect . denunciate . deter . rehabilitate ```

Question 35

Explain the following criminal sanction aim: Punish

Answer 35

The law must punish offenders so victims or their families can seek retribution without taking the law into their own hands.

Question 36

Explain the following criminal sanction aim: Protect

Answer 36

If the courts deem an offender to be a danger to society then sanctions like imprisonment are appropriate to keep society safe. The horrendous nature of the crime, the lack of remorse and the offender's callous attitude indicate that the person should be kept out of society as long as possible.

Question 37

Explain the following criminal sanction aim: Denunciate

Answer 37

When sentencing, the court may give a sentence that is harsh enough to show the disapproval of the court; that is, the court denunciates the particular criminal behaviour. This will give others in society the message that this type of criminal behaviour will not be tolerated.

Question 38

Explain the following criminal sanction aim: Deter

Answer 38

The law aims discourage the offender and others in society from committing the same or similar offences in the future.

Question 39

Explain the following criminal sanction aim: Rehabilitate

Answer 39

It is in society's interest to try to help offenders change their ways, otherwise crime rate and prison costs will escalate. In providing offenders with improved opportunities (education, training, assistance and support) their is a hope that the offenders will grasp the chance of a better future and become law-abiding citizens.

Question 40

Effectiveness of criminal sanctions.

Answer 40

To be effective, criminal sanctions must be: . appropriate to the severity of the crime committed . appropriate for the offender, taking into consideration the financial, social, cultural and health circumstances of the offender . acceptable to the community . able to fulfil the aims of criminal sanctions

Question 41

How can we reduce recidivism and the incidence of crime in society?

Answer 41

Through rehabilitation.

Question 42

What are guidelines for sentencing?

Answer 42

The court will consider: . the maximum penalty prescribed for the offence . current sentencing practices . the nature and gravity of the offence . the degree of blame of the offender . whether the offender pleased guilty (and what stage in the proceedings) . whether the offender followed the requirements of the directions hearing . the offenders previous character . the presence of any aggravating circumstances or mitigating factors . the impact of crime on the victim

Question 43

What are baseline sentences?

Answer 43

A baseline sentence will be a median sentence that should apply to: . murder . culpable driving causing death . trafficking in a large commercial quantity of drugs . serious child sexual abuse . incest . and sexual penetration of a child

Question 44

What are the main criminal sanctions you need to know?

Answer 44

. imprisonment . fines . community corrections orders

Question 45

What is imprisonment?

Answer 45

This is where an offender is taken from society for a period of time and placed in a secure facility. It is the most serious type of sanction and should be imposed as a last resort. It is appropriate for some serious offences such as murder, manslaughter and rape.

Question 46

What is parole?

Answer 46

This is an early release from prison.

Question 47

What are concurrent sentences?

Answer 47

Sentences served at the same time. For example an accused was given 3 years for burglary and 1 year for going equipped to steal, they would serve 3 years.

Question 48

What are cumulative sentences?

Answer 48

Sentences served one after the other. This can occur if the court imposes it or under the following circumstances... . when a prisoner commits a prison offence, an escape offence or a breach of parole offence . when a serious sexual offender commits a sexual offence or a violent offence . when a person commits a sexual offence or a violent offence during the parole period of a sentence imposed on him or her for a sexual offence or a violent offence . in default of payment of a fine of sum of money

Question 49

What is the intention of baseline sentences?

Answer 49

To increase the median sentences to better reflect community standards and expectations.

Question 50

What are indefinite sentences?

Answer 50

These are given to adult offenders, regardless of the maximum penalty, which the court believe to be a serious danger to the community.

Question 51

What are deferred sentences?

Answer 51

This allows an offender time to rehabilitate or to make amends for their behaviour. This no longer happens anyway more.

Question 52

What are different youth orders?

Answer 52

``` . youth justice centre orders . youth residential centre order . youth attendance order . youth supervision order . probation order ```

Question 53

What are different treatment orders?

Answer 53

. drug treatment order . restricted involuntary treatment order . hospital security order

Question 54

What are some non-custodial sentences?

Answer 54

``` . community correction order . fine . on-the-spot fine . adjournment with or without conviction . discharge and dismissal . superannuation orders . confiscation orders . suspension and cancellation of driver's licence ```

Question 55

What are community corrections orders?

Answer 55

This is a sentencing order which allows the offender to remain in the community. They will be able to maintain their employment and draw on the assistance of family or friends to take responsibility for their actions and avoid reoffending.

Question 56

What is the maximum period for an order?

Answer 56

. Magistrates court - 2 years | . County or Supreme Court - maximum term of offence or 2 years (depending on which is greater)

Question 57

What are some mandatory conditions attached to the order?

Answer 57

The offenders will: . not leave Victoria without permission or without formal authority . notify authorities of a change of address or employment . not reoffend . report to a community corrections centre and comply with directions given by community corrections officer . comply with any other optional conditions set by the courts

Question 58

What are fines?

Answer 58

A fine is a monetary penalty expressed in levels of penalty units that can be imposed with or without a conviction. Fines are expressed tis way to make it easier to charge fines across all offences.

Question 59

What is considered when deciding the level of a fine?

Answer 59

. the financial circumstances of the offender . the responsibilities of the offender including dependants . any loss or destruction of, or damage to, property suffered as a result of the offence . the value of benefit received by the offender from the offence . any forfeiture, compensation or restitution order imposed

Question 60

What are Trends in Crime?

Answer 60

This is defined as an indicative change in the complexion of certain crimes within a defined geographical areas and time period. It is a measure of significant changes in an areas crime pattern over time. This can be measured through crime statistics.

Question 61

What do crime statistics indicate?

Answer 61

. the prevalence of in crime . what resources need to be allocated . or what laws need to be changed

Question 62

What are the crime clearance standards in Victoria?

Answer 62

Police investigations of reported offences revealed that: . no offences was detected . the complaint was withdrawn . the know offender could not be charged for legal reasons (underage or deceased) . the offender was charged or a summons was completed

Question 63

What are some factors influencing crime rates?

Answer 63

``` . unemployment rates . different methods of recording statistics . age of population . density of population . strong police force or a change in law enforcement approaches . seasons of the year . racial tensions . weather . family breakdowns . mental health issues . poverty . new laws or sanctions ```

Question 64

How does the following factor impact crime: Alcohol consumption

Answer 64

It causes many to be violent which leads to assault, domestic abuse and robbery. Not only that, alcohol consumption is also the reason behind many car accidents because many intoxicated people decide they are okay to drive but end up losing control and in turn end up injuring or even killing someone.

Question 65

How does the following factor impact crime: Unemployment Rates

Answer 65

When unemployment rates rise, household income lowers. As household income lowers so too do peoples living standards. Many people often then resort to committing crimes such as shoplifting in order to support themselves, which in turn increases crime rates.

Question 66

How does the following factor impact crime: New laws or sanctions

Answer 66

These can deter offenders from committing crimes because it can remind them of the consequences which await them if they commit a crime. If potential offenders or reoffenders are deterred it means crime rates are lowered.

Question 67

How does the following factor impact crime: The level of unreported crimes

Answer 67

As crime rates can only be measured based on what is reported we can never get the exact crime figures. When the levels of reported crimes increase or decrease the crime rates do the same. This means the more crimes reported, the higher the crime rates and also the less crimes reported, the lower the crime rates.

Question 68

What is the problem with unreported crimes?

Answer 68

When looking at crime statistics unreported crimes need to be considered. This is because it is not possible to determine the exact figures for crimes due to the fact that there are unknown crimes which go unreported. Rape is is a common crime which victims often choose not to report to police, there are many reasons why people choose not report crimes.

Question 69

What are some reasons for crimes going unreported?

Answer 69

. shame . feeling of utter hopelessness . a feeling that no-one will help . fear of not being believed . far of retaliation . belief that it may have been their fault . lack of understanding of what they should have to put up with . sexual advertising that gives confusing messages

Question 70

Effectiveness of prisons in deterring offenders.

Answer 70

The aim of prisons is to get offenders to serve their punishment in the hope that the prison lifestyle is one they wont want to revisit and therefore deter them from reoffending. This is what prisons are meant to do, but in actuality many reoffend. This is because, whilst prison is a deterrent, it doesn't rehabilitate offenders and can in fact help them gain more skills from others to commit crimes. Without rehabilitation an offender often won't change their ways, meaning, no matter how unpleasant prison may be they haven't been given the opportunity to improve themselves so they reoffend.

Question 71

What are trends in sentencing?

Answer 71

This is defined as the change on sentences for different areas and different crimes. Accurate sentencing statistics are a crucial tool for working out current sentencing practices for a particular offence.

Question 72

What are trends in Recidivism?

Answer 72

This represents the change in repeat offenders of crimes.

Question 73

What increases a persons chance of reoffending?

Answer 73

. having previous sentences or having previously been sentenced to prison . being under 25 . men reoffend more than women . people who commit crimes against property are more likely to reoffend . people who were imprisoned are more likely to reoffend than people who received a fine or suspended sentence

Question 74

Capital punishment in America V Imprisonment in Australia.

Answer 74

Similarities: . both deter . both remover an offender from society Differences: . imprisonment rehabilitates whilst CP doesn't . CP is seen as a breach of human rights in Australia

Question 75

What are the alternative avenues for seeking compensation for victims of crimes?

Answer 75

. Victims of Crimes Assistance Tribunal . Victims Support Agency . Victims Impact Statement

Question 76

What are non-custodial sentences?

Answer 76

They are sanctions that are carried out in the community and do not involved a prison sentence, although a community corrections order can be combined with a prison sentence.

Question 77

What proves that police are committed to crime prevention and community safety?

Answer 77

``` Regular patrols: . on foot or in police cars) . on major roads or at sporting events/other public gatherings Education campaigns and media: . to highlight road safety initiatives . and give public advice ```