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Questions and Answers
Aggravating circumstances can lead to a more severe penalty during sentencing.
Aggravating circumstances can lead to a more severe penalty during sentencing.
True
Rehabilitation is one of the primary purposes of punishment.
Rehabilitation is one of the primary purposes of punishment.
True
Circle sentencing is a traditional method that includes the community in the sentencing process.
Circle sentencing is a traditional method that includes the community in the sentencing process.
True
A suspended sentence means the offender is immediately incarcerated.
A suspended sentence means the offender is immediately incarcerated.
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Penalties like community service orders are considered a form of punishment.
Penalties like community service orders are considered a form of punishment.
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Preventative detention is used primarily for individuals who have already been convicted of a crime.
Preventative detention is used primarily for individuals who have already been convicted of a crime.
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The role of the victim is negligible in the sentencing process.
The role of the victim is negligible in the sentencing process.
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The purpose of deterrence in punishment can be classified into specific and general deterrence.
The purpose of deterrence in punishment can be classified into specific and general deterrence.
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Home detention is a form of incarceration that allows individuals to remain in their homes.
Home detention is a form of incarceration that allows individuals to remain in their homes.
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Appeals are a method used to enhance a punishment after sentencing.
Appeals are a method used to enhance a punishment after sentencing.
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The term 'actus reus' refers to the mental intent behind committing a crime.
The term 'actus reus' refers to the mental intent behind committing a crime.
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A crime that is punishable by imprisonment or fines is classified as an indictable offence.
A crime that is punishable by imprisonment or fines is classified as an indictable offence.
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Accessory before the fact refers to a person who assists in a crime after it has been committed.
Accessory before the fact refers to a person who assists in a crime after it has been committed.
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Causation is an essential element in determining the legality of an act in criminal law.
Causation is an essential element in determining the legality of an act in criminal law.
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All offences against the person fall under the category of public order offences.
All offences against the person fall under the category of public order offences.
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The principal in the second degree is the person who actually commits the crime.
The principal in the second degree is the person who actually commits the crime.
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The adversary system in court allows for two opposing sides to present their case before a judge or jury.
The adversary system in court allows for two opposing sides to present their case before a judge or jury.
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Factors affecting criminal behaviour can include both situational and social influences.
Factors affecting criminal behaviour can include both situational and social influences.
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Legal representation is unnecessary in criminal trials as individuals can represent themselves without assistance.
Legal representation is unnecessary in criminal trials as individuals can represent themselves without assistance.
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Bail is a mechanism to ensure that a suspect appears in court after being released from custody.
Bail is a mechanism to ensure that a suspect appears in court after being released from custody.
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Study Notes
Nature of Crime
- Crime is defined as an act or omission that breaks the law, is punishable by the state
- Actus reus: the criminal act
- Mens rea: the criminal intent
- Strict liability offences: do not require proof of criminal intent (mens rea)
- Causation: the link between the act and the harm caused
- Categories of crime:
- Offences against the person (e.g., assault, homicide)
- Offences against the sovereign (e.g., treason)
- Economic offences (e.g., property crime, corporate crime)
- Drug offences
- Driving offences
- Public order offences
- Preliminary crimes (e.g., attempts, conspiracy)
- Summary offences: less serious, dealt with by a magistrate
- Indictable offences: more serious, dealt with by a judge and jury
- Parties to a crime:
- Principal in the first degree: the person who actually commits the crime
- Principal in the second degree: someone who helps commit the crime
- Accessory before the fact: someone who helps plan or encourage the crime
- Accessory after the fact: someone who helps the criminal after the crime
- Factors affecting criminal behavior: various social, psychological, and environmental factors
- Crime prevention:
- Situational crime prevention: making the opportunity to commit a crime harder (e.g., security measures)
- Social crime prevention: addressing the root causes of criminal behavior (e.g., poverty, inequality)
Criminal Investigation Process
- Police powers: powers given to police to investigate crime
- Reporting crime: importance of reporting crime
- Investigating crime: gathering evidence, using technology, search warrants, arrest
- Arrest and charges: summons, arrest warrants
- Bail or remand: release on bail or detention
- Detention and interrogation: suspect rights (e.g., right to silence, legal representation)
Criminal Trial Process
- Court jurisdiction: different courts have different responsibilities
- Adversary system: opposing sides present their cases
- Legal personnel: magistrate, judge, prosecutor, defense lawyer, legal aid
- Pleas, charge negotiation: plea bargaining
- Legal representation: importance of legal representation
- Burden and standard of proof: prosecution needs to prove guilt beyond a reasonable doubt
- Evidence: use of witnesses and other evidence
- Defences to criminal charges:
- Complete defenses (e.g., self-defense, duress)
- Partial defenses to murder (e.g., diminished responsibility)
- Role of juries: deciding guilt or innocence
- Effectiveness of the jury system
Sentencing and Punishment
- Statutory and judicial guidelines: laws and judge's decisions on sentencing
- Purposes of punishment: deterrence (general and specific), retribution, rehabilitation, incapacitation
- Factors affecting sentencing: aggravating and mitigating circumstances, role of the victim
- Types of penalties: various penalties from cautions to imprisonment
- Alternative methods of sentencing: circle sentencing, restorative justice
- Post-sentencing considerations: security classification, parole, deportation
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Description
This quiz covers the fundamental concepts and categories of crime, including actus reus, mens rea, and the various types of offenses such as those against the person and economic crimes. Test your understanding of the legal definitions and the parties involved in criminal acts. Whether you're studying for a class or just interested in criminal law, this quiz will enhance your knowledge.
