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Questions and Answers
What is the purpose of expressing fines in terms of penalty units?
What do magistrates or judges consider when sentencing a person?
What is the role of the police in the criminal justice system?
What is the current value of a penalty unit?
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Why do magistrates or judges consider the level of hardship that the sentence may cause?
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What is an example of a common penalty for crimes, according to the text?
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What is a person who is injured or killed by another person in an act of violence?
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At what age can a young person be a victim of a criminal offence?
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What are the two elements of criminal liability?
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What is actus reus?
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What is mens rea?
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What is an example of being negligent?
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What is the last recorded capital punishment in Australia?
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Why are some groups, such as the mentally disabled and children, not considered guilty of a crime?
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Study Notes
Victim and Crime
- A victim is a person injured or killed by another person in an act of violence.
- A young person can be a victim of a criminal offense at any age, even before birth.
Elements of a Crime
- Two elements are needed to convict someone of a crime: guilty act (actus reus) and guilty mind (mens rea).
- Actus reus: the accused committed the offense, did so voluntarily, and the act or omission occurred.
- Mens rea: the accused intended to commit the crime, which can take forms of intention, recklessness, or negligence.
Punishment for a Crime
- Historically, punishments included whipping, exile, deportation, torture, and capital punishment.
- Capital punishment was abolished in Australia, with the last execution in 1967.
- Today, punishments in Australia include fines, community service, weekend detention, home detention, good behavior bonds, and imprisonment.
Sentencing
- Magistrates/judges consider factors like guilty plea, crime circumstances, prior convictions, and sentence hardship when sentencing.
- Fines are often expressed in penalty units to keep up with inflation, with one penalty unit currently being $110.
Police Role
- Police enforce laws, prevent unlawful acts, investigate crimes, and arrest offenders.
- They must obey rules when performing duties, especially during arrests.
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Description
This quiz covers the concept of victims, criminal offenses, and the elements required to convict someone of a crime. It explores the legal aspects of victimization and the prosecution's burden of proof.
