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Criminal Law and Victims
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Criminal Law and Victims

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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 (correct)
  • To reduce the fine amounts
  • To confuse the public with complex calculations
  • To punish offenders more severely
  • What do magistrates or judges consider when sentencing a person?

  • Only the severity of the crime
  • A combination of factors, including guilty plea, circumstances of the crime, prior convictions, and level of hardship (correct)
  • Only the age of the offender
  • Only the type of crime committed
  • What is the role of the police in the criminal justice system?

  • To provide legal advice to offenders
  • To enforce laws, maintain law and order, and investigate crimes (correct)
  • To make laws and impose penalties
  • To punish offenders directly
  • What is the current value of a penalty unit?

    <p>$110</p> Signup and view all the answers

    Why do magistrates or judges consider the level of hardship that the sentence may cause?

    <p>To take into account the offender's personal circumstances</p> Signup and view all the answers

    What is an example of a common penalty for crimes, according to the text?

    <p>Fines</p> Signup and view all the answers

    What is a person who is injured or killed by another person in an act of violence?

    <p>A victim</p> Signup and view all the answers

    At what age can a young person be a victim of a criminal offence?

    <p>At any age</p> Signup and view all the answers

    What are the two elements of criminal liability?

    <p>Guilty act and guilty mind</p> Signup and view all the answers

    What is actus reus?

    <p>Act or omission that actually occurred</p> Signup and view all the answers

    What is mens rea?

    <p>Intention to commit a crime</p> Signup and view all the answers

    What is an example of being negligent?

    <p>Failing to provide a safe workplace</p> Signup and view all the answers

    What is the last recorded capital punishment in Australia?

    <p>Hanging in 1967</p> Signup and view all the answers

    Why are some groups, such as the mentally disabled and children, not considered guilty of a crime?

    <p>They are unable to form the intention to commit a crime</p> Signup and view all the answers

    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.

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