1.1 Introduction to Legal Studies Flashcards
What is criminal behaviour?
Criminal behaviour refers to conduct of an offender that leads to the commission of an unlawful act.
What is a criminal?
An individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law.
What is a summary offence?
A minor criminal offence that is generally handled in lower-level courts and do not involve a trial by jury.
Instead, a judge or magistrate presides over the case and makes a decision based on the evidence presented.
What is an indictable offence?
An indictable offence is a serious criminal offence. An indictable offence involves higher levels of harm or violence, and carry more significant penalties upon conviction.
Indictable offenses are generally tried in higher-level courts and may involve a trial by jury.
What is criminal law?
Criminal law is a branch of law that deals with offenses committed against society as a whole, or a ‘crime against the state’. It encompasses the rules and regulations that define criminal conduct, establish penalties for such conduct. Most summary and indictable offenses come under criminal law.
What is the burden of proof?
The burden of proof is which legal party is obliged to prove the guilt or innocence of the accused. The burden of proof in a criminal trial is on the prosecution.
What is the standard of proof?
The Standard of proof is the level of evidence needed to convict someone of a crime. The standard of proof in a criminal trial is ‘beyond all reasonable doubt’.
What is the presumption of innocence?
It is a guarantee to a person accused of a crime that they are considered to be innocent until a proven guilty.
How is the presumption of innocence protected in Australia’s criminal justice system?
- Most crimes require a person to have acted on their own free will
- Police must reasonably believe a person has committed a crime before they can arrest them
- A person who has been arrested and charged generally has the right to apply for bail
- A person has the right to legal representation in court
- An accused person has the right to silence
- A person’s previous convictions are not revealed in court until the sentencing process begins
- A person has the right to appeal a wrongful conviction.
What are the influences of criminal behaviour?
B: biological factors
A: adverse childhood experiences
N: negative social environment
S: substance abuse
How do biological factors influence criminal behaviour?
Low IQ: a strong predictor of criminal behaviour. People with a low IQ can be more likely to not consider the consequences of their actions and tend to be more reactive to a threat or stressor. Less employment opportunities - crime to survive.
High Impulsiveness: impulsivity and low self-control have been shown to be consistent predictors of serious delinquency.
Personality disorders: Mental illnesses. They involve long-term patterns of thoughts and behaviours that are unhealthy and inflexible. People with personality disorders have trouble dealing with everyday stresses and problems.
How do adverse childhood experiences influence criminal behaviour?
Neglect: children who are uncared for by their guardians might turn to crime for survival and are more likely to engage in gang and group criminal activity.
Abuse: abuse may be ‘normalised’ for these children and so they may act the same way later on in life.
Criminal family members: can communicate deviant values and attitudes.
How does a negative social environment influence criminal behaviour?
High crime neighbourhood: living in a high crime neighbourhood increases potential social interactions with criminals and greater opportunities to commit crimes.
Poverty: having diminished access to necessities like food, clothing and shelter can influence can increase crime which might provide an income source.
Gang culture: If gangs and gang territory are prevalent in in a person’s neighbourhood, this kind of culture can be ‘normalised’ and provide more opportunities for criminal activity.
How does substance abuse influence criminal behaviour?
Lowering inhibitions: Drugs like alcohol lower inhibitions and can influence people do things they might not if sober.
Over-exciting the nervous system: Drugs like methamphetamine and cocaine can make people lose self-control and become more reactive and impulsive.
Crime can finance a drug habit: Sometimes people with addictions to drugs are unable to hold down regular employment and might turn to crime to finance their drug habit.
