Podcast
Questions and Answers
Which purpose of punishment is aimed at preventing future offenses by the offender and others?
Which purpose of punishment is aimed at preventing future offenses by the offender and others?
Which of the following is an example of a mitigating circumstance in sentencing?
Which of the following is an example of a mitigating circumstance in sentencing?
What type of sentencing program focuses on the restorative aspect of justice by involving the victim?
What type of sentencing program focuses on the restorative aspect of justice by involving the victim?
Which option represents a type of penalty that does not require a conviction to be recorded?
Which option represents a type of penalty that does not require a conviction to be recorded?
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Which consideration is NOT typically a post-sentencing factor?
Which consideration is NOT typically a post-sentencing factor?
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Which of the following categories of crime includes offences committed through deceit for financial gain?
Which of the following categories of crime includes offences committed through deceit for financial gain?
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What is the definition of actus reus in the context of crime?
What is the definition of actus reus in the context of crime?
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Which of the following describes a strict liability offence?
Which of the following describes a strict liability offence?
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What term describes someone who assists in the commission of a crime but is not the principal offender?
What term describes someone who assists in the commission of a crime but is not the principal offender?
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What does the term 'burden of proof' refer to in a criminal trial?
What does the term 'burden of proof' refer to in a criminal trial?
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Which of the following best describes the role of a jury in a criminal trial?
Which of the following best describes the role of a jury in a criminal trial?
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What does 'mens rea' refer to in criminal law?
What does 'mens rea' refer to in criminal law?
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Which factor is most likely to influence criminal behavior according to criminological studies?
Which factor is most likely to influence criminal behavior according to criminological studies?
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Study Notes
Nature of Crime
- Crime Definition: Crime is an act or omission that violates the law and is punishable by the state.
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Elements of Crime:
- Actus reus: The guilty act.
- Mens rea: The guilty mind (intention or recklessness).
- Strict Liability Offences: Offences where mens rea is not required.
- Causation: The link between the criminal act and the harm caused.
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Categories of Crime:
- Offences against the person.
- Offences against the sovereign.
- Economic offences (property, white collar, computer).
- Drug offences.
- Driving offences.
- Public order offences.
- Preliminary offences (attempts, conspiracy).
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Types of Offences:
- Summary offences: Less serious, heard by a magistrate.
- Indictable offences: More serious, heard by a judge and jury.
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Parties to a Crime:
- Principal in the first degree.
- Principal in the second degree.
- Accessory before the fact.
- Accessory after the fact.
- Factors Affecting Criminal Behaviour: Various personal and social factors.
- Crime Prevention: Situational and social strategies to prevent crime.
Criminal Investigation
- Police Powers: Powers granted to police to investigate crime.
- Reporting Crime: Procedures for reporting criminal activity.
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Investigating Crime:
- Gathering evidence (e.g., witness accounts, forensic evidence).
- Using technology (e.g., surveillance equipment, DNA analysis).
- Search and seizure, search warrants.
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Arrest and Charge: Procedures for arresting and charging suspects.
- Summons, arrest warrants.
- Bail or Remand: Decision to release suspect on bail or hold in custody (remand).
- Detention and Interrogation: Procedures concerning suspect questioning and rights.
Criminal Trial Process
- Court Jurisdiction: Authority of different courts to hear specific cases.
- Adversary System: System where two opposing sides present their cases.
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Legal Personnel:
- Magistrate, Judge, Police Prosecutor, Director of Public Prosecutions, Public Defenders.
- Plea, Charge Negotiation: Process where a plea is entered, or negotiations for a reduced charge occur.
- Legal Representation: Role of legal counsel and legal aid.
- Burden and Standard of Proof: The prosecution's responsibility to prove guilt beyond a reasonable doubt.
- Evidence: Use of evidence, including witness testimony.
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Defences:
- Complete defences (e.g., self-defence, duress).
- Partial defences to murder (e.g., provocation, diminished responsibility).
- Role of Juries: Role in trials involving juries, including reaching verdicts.
Sentencing and Punishment
- Statutory and Judicial Guidelines: Legal frameworks for sentencing.
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Purposes of Punishment:
- Deterrence (general, specific).
- Retribution.
- Rehabilitation.
- Incapacitation.
- Factors Affecting Sentencing: Aggravating and mitigating circumstances.
- Victim's Role: Considerations regarding the victim's role in sentencing.
- Appeals: Process to challenge a sentence.
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Types of Penalties:
- No conviction recorded.
- Caution.
- Fine.
- Bond.
- Suspended sentence.
- Probation.
- Criminal infringement notice.
- Penalty units.
- Community service order.
- Home detention.
- Periodic detention.
- Forfeiture of assets.
- Imprisonment.
- Diversionary programs.
- Alternative Sentencing: Circle sentencing, restorative justice.
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Post-Sentencing Considerations:
- Security classification.
- Protective custody.
- Parole.
- Preventative detention.
- Continued detention.
- Sexual offender registration.
- Deportation.
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Description
Explore the fundamentals of crime, including its definition, elements like actus reus and mens rea, and the various categories and types of offences. This quiz also covers parties involved in criminal activities and the concept of causation. Understand the complexities of crime in a nuanced way.
