HSC Legal Notes on Crime

Questions and Answers

What must occur before an interrogation can exceed six hours?

The arrest must be made without a warrant

The interrogation must be conducted in a public place

Consent from the person being interrogated

A warrant must be obtained (correct)

In which stage of the criminal trial process does the jury announce the verdict?

Defence gives closing submission (correct)

Witness gives evidence

Jury selection

Crown gives closing submission

What type of court is responsible for investigating suspicious deaths?

District court

Coroner’s court (correct)

Supreme court

Local court

During which process does the Crown open with submissions?

Crown opening submission phase Signup and view all the answers

What is the purpose of a committal hearing?

To see if there is enough evidence for a trial Signup and view all the answers

What is the purpose of a victim impact statement?

To give victims a voice in the judicial process. Signup and view all the answers

What can lead to an appeal in a criminal case?

Rule of law being broken during the trial. Signup and view all the answers

What is one effect of not having a victim impact statement during sentencing?

The victim may be perceived as less important in the trial. Signup and view all the answers

Which of the following is a type of penalty that is no longer used independently in relation to a criminal sentence?

Intensive corrections order Signup and view all the answers

What is a 'good behaviour bond' typically used for?

To monitor the offender's behavior post-sentencing. Signup and view all the answers

What is the consequence of a criminal infringement notice?

It may lead to on-the-spot fines. Signup and view all the answers

Which of the following statements about victim compensation is true?

It can provide financial support if a victim is unable to work. Signup and view all the answers

What penalty involves a monetary payment that must be paid within 28 days?

Fine Signup and view all the answers

What is meant by the term 'recidivism'?

The tendency of a convicted criminal to reoffend Signup and view all the answers

Which of the following best describes 'strict liability' in legal terms?

It does not require proving mens rea, only actus reus Signup and view all the answers

What is 'doli incapax' in the context of young offenders?

Deemed incapable of forming the intent to commit a crime Signup and view all the answers

Which of the following is not an element of crime?

Punishment Signup and view all the answers

Which role does discretion play in the criminal justice system?

It allows for flexibility in charging offenses Signup and view all the answers

In legal terms, what does 'litigation' refer to?

Suing someone in a court of law Signup and view all the answers

What is the primary focus of alternative sentencing?

Offering options other than imprisonment Signup and view all the answers

Which term reflects a balance between the rights of victims, offenders, and society?

Justice Signup and view all the answers

What does the concept of compliance in criminal law primarily address?

The observance of laws and regulations Signup and view all the answers

The effectiveness of which measures is evaluated in achieving justice?

Legal and non-legal measures Signup and view all the answers

At what age can a child legally decide where to live between their parents' houses?

12 years Signup and view all the answers

What is one of the focuses of the CROC treaty regarding children's rights?

Protection from violence and abuse Signup and view all the answers

Which age marks the legal recognition of a child as an adult?

18 years Signup and view all the answers

What does the term 'Doli incapax' refer to in relation to children?

Incapacity to be held criminally responsible Signup and view all the answers

What does 'Parens Patriae' empower the government to do?

To take over the parenting of a child Signup and view all the answers

At what age can a child start school?

4 years Signup and view all the answers

Which of the following is NOT included in the rights articulated by the CROC?

Right to own a firearm Signup and view all the answers

At what age can a teenager get a learner's license?

16 years Signup and view all the answers

What does the term 'annulled' refer to in marriage law?

Legal recognition that marriage never existed Signup and view all the answers

Which of the following does NOT fall under state jurisdiction regarding family relationships?

Divorce Signup and view all the answers

Which statement accurately reflects legal marriage requirements?

Must have known each other for 30 days. Signup and view all the answers

What is a plebiscite?

A vote on a national question without legal force. Signup and view all the answers

What is one of the significant changes made to the definition of marriage?

It is now defined as a union between two people. Signup and view all the answers

ATSI customary marriages are generally characterized by which of the following?

Potentially involving polygamy and consanguinity. Signup and view all the answers

What happens if someone does not follow the legal requirements for marriage?

The marriage is automatically annulled. Signup and view all the answers

Which of the following is NOT a characteristic of de facto relationships?

Legal recognition of marriage. Signup and view all the answers

Which of the following best describes 'consanguinity' in the context of marriage laws?

Close family relatives marrying each other. Signup and view all the answers

Why may certain indigenous marriage practices conflict with legal standards?

They may not involve a legal celebrant. Signup and view all the answers

Study Notes

Definitions

Recidivism: Tendency of a convicted criminal to reoffend.
Verdict: Outcome of a trial, determining guilty or not guilty status.
Strict liability: Legal principle where proving intent (mens rea) is not required, only the act (actus reus).
Incarceration: Imprisonment as a punishment for crime.
Litigation: Process of taking legal action or suing.
Doli incapax: Legal status deeming a person unable to form intent to commit a crime, usually applicable to minors.
Control order: Court order for a form of imprisonment or restrictions.

Crime Essay Topics

Bail and Remand: Procedures regarding the release or detention of accused individuals prior to trial.
Police Powers: Authority granted to police, including use of tasers, identification procedures, sniffer dogs, and strip searches.
Young Offenders: Discussion of laws applicable to minors, focusing on doli incapax, Youth Justice Conferences (YJCs), rehabilitation, and the Children’s Court.
Legal Processes: Statutory and judicial guidelines, alternatives to traditional sentencing, charge negotiation, and law reform.
Post-Sentencing: Considerations like parole, sex offender registration, and protective custody.
Defenses: Overview of complete and partial defenses in criminal trials.

Themes and Challenges

Discretion in Criminal Justice: Flexibility in law enforcement decisions, including charging offenses.
Compliance Issues: Challenges around adherence to laws, focusing on parole, bail, drug courts, and post-sentencing agreements.
Moral and Ethical Standards: Relationship between laws and societal values, including the balance of rights for victims, offenders, and society.
Law Reform's Role: Continuous adaptation of laws to mirror evolving societal morals and ethics.

Meaning and Elements of Crime

Definition of Crime: An act or omission recognized by the state as harmful enough to warrant punishment through legal processes.
Men's Rea: Requirement for establishing intent in committing a crime, indicating the offender's state of mind at the time of the offense.

Reporting Crime

Methods of Reporting: Crime can be reported through police stations or emergency services by calling '000'.

Warrants

Warrant Requirements: Necessary for extended interrogations, arrests, entering/searching premises without consent, and phone taps.

Criminal Trial Process

Trial Steps: Involves offender charges, committal process, jury selection, presentations from the Crown and defense, and jury verdict announcements followed by sentencing hearings with victim impact statements.

NSW Court Hierarchy

Court Structure: Ranges from High Court and Federal Court at the top to Local, Children's, and Coroner’s Courts at the lower levels, managing various case types.

Committal Hearings

Purpose: Small trials in local courts assessing if there's sufficient evidence for further trial, upholding victims' rights through media interaction and victim impact statements.

Appeals Process

Levels of Appeal: Options include local, district, supreme, criminal appeal, and high courts, addressing concerns over sentence severity, rule of law violations, or leniency in sentencing.

Types of Penalties

Forms of Sentencing: Includes no conviction recorded, cautions, fines, bonds, suspended sentences, probation, and criminal infringement notices, with some penalties phased out since September 2018.

Family Law Definitions

Marriage Types: Definitions include divorce, de facto relationships, and annulled marriages, underscoring legal distinctions.
Legal Requirements for Marriage: Minimum age, consent, legal ceremony mandates, and prohibition of polygamy or close relative marriages.

Alternative Family Relationships

Indigenous Marriages: Cultural practices that may conflict with legal definitions, often involving early marriages, polygamy, and lack of legal recognition, contrasted with federal and state laws.

Legal Rights and Obligations of Parents and Children

Child Timeline: Key age milestones detailing rights and responsibilities, from birth registration to becoming a recognized adult at 18.

CROC (1989)

UN Children’s Rights Treaty: Widely adopted treaty delineating children’s rights, emphasizing protection, provision, and participation principles, prioritizing children's best interests.

Parens Patriae

Government Authority: Legal principle allowing the state to assume parental responsibilities when necessary for child welfare.

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Description

This quiz covers essential legal definitions relevant to HSC Legal Studies, focusing on concepts like recidivism, verdicts, and strict liability. Understanding these terms is crucial for mastering the legal framework surrounding crime and punishment. Test your knowledge and prepare for your examinations with these key legal concepts.