1.1 Introduction to Legal Studies Flashcards

1
Q

What is criminal behaviour?

A

Criminal behaviour refers to conduct of an offender that leads to the commission of an unlawful act.

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2
Q

What is a criminal?

A

An individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law.

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3
Q

What is a summary offence?

A

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.

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4
Q

What is an indictable offence?

A

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.

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5
Q

What is criminal law?

A

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.

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6
Q

What is the burden of proof?

A

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.

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7
Q

What is the standard of proof?

A

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’.

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8
Q

What is the presumption of innocence?

A

It is a guarantee to a person accused of a crime that they are considered to be innocent until a proven guilty.

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9
Q

How is the presumption of innocence protected in Australia’s criminal justice system?

A
  • 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.
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10
Q

What are the influences of criminal behaviour?

A

B: biological factors
A: adverse childhood experiences
N: negative social environment
S: substance abuse

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11
Q

How do biological factors influence criminal behaviour?

A

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.

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12
Q

How do adverse childhood experiences influence criminal behaviour?

A

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.

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13
Q

How does a negative social environment influence criminal behaviour?

A

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.

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14
Q

How does substance abuse influence criminal behaviour?

A

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.

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