Questions and Answers
What is the purpose of expressing fines in terms of penalty units?
To make it easier to increase fines to keep them in line with inflation
What do magistrates or judges consider when sentencing a person?
A combination of factors, including guilty plea, circumstances of the crime, prior convictions, and level of hardship
What is the role of the police in the criminal justice system?
To enforce laws, maintain law and order, and investigate crimes
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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