3) Criminal Investigations & Sanctions

Question 1

Arrest

Answer 1

• use pf reasonable force
• will tell suspect;
• reason for arrest
• caution them
• inform of rights
• may or may not get charged

Question 2

Police powers & Individual rights:

Answer 2

• search premises_ with/without warrant (find evidence)
• search person_ search without warrant after arrest
• rights to stop, detain and search; person, vehicle & immediate possessions
• detaining & questioning_ not necessary to go to police station & must be released within reasonable crime
• fingerprinting

Question 3

Impact of Criminal Actions

Answer 3

• individual: victim & family, offender & family

- society: fear, pain, cost, lost workdays

Question 4

Assistance for victims

Answer 4

• Emotional_victim register, victim impact statement, etc

- Financial_Victims of Crimes Assistance Tribunal, legal action, compensation orders

Question 5

Criminal Sanctions:

Answer 5

• aims to punish, protect, deter & rehabilitate

- sanctions must be appropriate for: offender, community, severity of crime

Question 6

Imprisonment:

Answer 6

• most serious sanctions
• parliament set sanctions for maximum penalty
• imprisonment penalty units have 9 levels
• courts set non parole period
• sentence can be concurrent (served at same time) or cumulative (served one after another)
• sentence can be indefinite

Question 7

Youth Orders:

Answer 7

• Youth Justice Centre Order: (15-20 years), found guilty
• serves detention (no more than three years)
• expected to take part in activities
• Youth Residential Order: (10-14 years), attends school & time at youth justice centre
• Youth Attendance Order: (15+ year), report to youth justice unit, for up to one year

Question 8

Treatment Orders:

Answer 8

• Drug Treatment Order
• issued via Drug Court
• agrees to drug treatment and other orders
• purpose to rehabilitate
• Hospital Security Order
• mentally ill; who would otherwise be imprisoned
• remains in mental facility

Question 9

Non-Custodial Sentences:

Answer 9

• Community correction order
• community work
• conditions imposed; curfew
• Fine
• Discharge & Dismissal
• Suspension & cancellation of drivers licence

Question 10

Warrants

Answer 10

• with warrant_ [uncommon]
• person ignored court summon
• offender is in hiding/escape

-without warrant
*committed offence
*police felt necessary:
^ensure public safety
^appear in court
^prevent repeat offence