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HSC Legal Studies > Crime > Flashcards

Crime Flashcards

1
Q

Abuse Excuse

A

The defence that the perpetrator of a crime had suffered, or was protecting those who had suffered, from child abuse.

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2
Q

Accessory after the fact

A

A person or persons who helped the main perpetrator after a crime was committed.

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3
Q

Actus Reus

A

‘The guilty act’ (that is, the voluntary commission of an act or voluntary omission of duty that breaks the law)

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4
Q

Adjournment

A

A temporary postponement of legal proceedings to recommence at a later date.

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5
Q

Adversarial system of trial

A

System of trial used in Australia, in which two sides of the case try to present and prove their version of the facts and disprove the other sides’ version.

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6
Q

Alleged

A

A person is accused of committing a crime, but has not yet been found guilty

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7
Q

Aggravated Assault

A

Intention to cause very serious harm with an object

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8
Q

Aggravating factors

A

Circumstances taken into account by a sentencing judge that may result in a more severe penalty.

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9
Q

Aggravated sexual assault

A

High degree of violence involved in sexual assault

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10
Q

Attempt

A

A crime is not successfully committed, despite the offender trying to do so.

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11
Q

Appeal

A

A case is taken to a higher court because either side disagrees with the decision of a lower court

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12
Q

Appellant

A

The party who disagrees with a court decision and appeals

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13
Q

Assault

A

Causing physical harm or threatening to cause physical harm to another person

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14
Q

Battered Woman Syndrome

A

A criminal defence which may arise when a woman kills her husband or partner after years of suffering domestic violence or abuse.

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15
Q

Burden of proof

A

The responsibility of proving a case in court. In a criminal case the prosecution has the burden of proof and must prove that the accused is guilty.

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16
Q

Bail

A

An agreement to attend court to answer a criminal charge. Some surety of attendance is usually required, such as a monetary fee.

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17
Q

Bond

A

A punishment in which the offender is free to go into the community but agrees to be of good behaviour for a certain period.

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18
Q

Break and Enter

A

The illegal entry of another’s property in order to commit an offence.

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19
Q

Beyond reasonable doubt

A

Standard of proof in a criminal case. The judge or jury can only find the accused guilty of a crime, if there is no reasonable doubt that the accused person actually committed the crime.

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20
Q

Charge Negotiation

A

An agreement between the prosecution and defence, having met before the trial, with the defence agreeing that the accused will plead guilty if the prosecution reduces the charge. Also known as plea bargaining.

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21
Q

Caution

A

An offender is warned by the police rather than arrested and charged.

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22
Q

Civil disobedience

A

Breaking the law deliberately as a protest against the law or against another action by government.

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23
Q

Crime

A

An act of omission which harms society and the individuals in it, for which a punishment has been determined by the law and enforced by the state.

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24
Q

Circle Sentencing

A

A restorative justice program for Aboriginal Offenders in which a ‘circle’ of people involved with the offence discuss the offence and ways of rectifying the harm done.

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25
Q

Criminal Justice System

A

The system that operates to bring criminal offenders to justice, incorporating the investigative process, the trial process and sentencing and punishment

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26
Q

Criminal Infringement notice

A

A notice issued to people by police, imposing a fine for a minor crime

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27
Q

Crimes Against The International Community

A

Crimes committed by individuals and states which are seen as wrong by the international community, such as war crimes and terrorism

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28
Q

Crimes committed outside the jurisdiction

A

Crimes which take place outside a particular nation’s criminal laws, for example, piracy and aircraft hijacking.

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29
Q

Causation

A

The act or omission committed must have caused the specific injury complained of.

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30
Q

Citizen’s arrest

A

The right of citizens to arrest anyone who has committed a crime, only able to be used in certain limited circumstances.

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31
Q

Computer crimes

A

Crimes, such as identity theft, that are committed using computers and Internet technology.

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32
Q

Complete defence

A

A criminal defence which, if successfully proved, completely clears a person of a crime.

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33
Q

Compulsion

A

Criminal defences, such as Duress and Necessity in which people claiming the defence argue that they were compelled or forced to act criminally because of other circumstances.

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34
Q

Criminal liability

A

To be responsible under the law for a criminal offence.

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35
Q

Crime

A

An act committed or an omission of duty, injurious to the public welfare, for which punishment is prescribed by law, imposed in a judicial proceeding usually brought in the name of the state.

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36
Q

Crime against property

A

Acts or omissions which damage or remove other people’s property, such as larceny, theft, break and enter, or property damage.

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37
Q

Criminal Infringement Notice

A

A notice issued to people by police, imposing a fine for a minor crime.

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38
Q

Criminal Trial Process

A

The hearing stage of the criminal justice system, in which the guilt or innocence of a defendant is decided in court according to the rules of procedure and evidence.

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39
Q

Cross-examination

A

When a witness is asked questions in court by the opposing side, in order to test the accuracy and objectivity of the evidence.

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40
Q

Customary International Law

A

Principles and procedures that have grown up through general usage to the point where they are expected as being right and fair by the international community.

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41
Q

Community Service Order

A

A punishment for which the offender is required to perform some unpaid work or service in the community up to 500 hours.

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41
Q

Criminal Investigation Process

A

The investigative stage of the criminal justice system where crimes are detected and investigated, and evidence is gathered so that an alleged offender may be brought before a court.

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43
Q

Committal proceedings

A

Where a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court with jury.

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43
Q

Conspiracy

A

Two or more people agreeing to do an unlawful act or to do a lawful act by unlawful means.

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44
Q

Control Order

A

An order made to the children’s court sending a child to be detained in a juvenile detention centre.

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45
Q

Character Evidence

A

Generally, evidence cannot be given about the bad character of the accused.

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46
Q

Compulsion

A

criminal defences, such as duress and necessity in which the people claiming the defence argue that they were compelled or forced to act criminally because of other circumstances.

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47
Q

Consent

A

A criminal defence in which the defendant claims that he or she acted with the victim’s consent.

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48
Q

Constructive Manslaughter

A

Killing of a person when the accused was carrying out another dangerous or unlawful act

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49
Q

Continued Detention

A

The detention of serious offenders after their time of imprisonment has expired

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50
Q

Coronial Inquiry

A

An inquiry into the circumstances surrounding an unnatural death or an unexplained fire

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51
Q

Convention

A

A treaty which is agreed to and proclaimed by a large number of nations. Also called a covenant.

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52
Q

Customs warrant

A

A written authorisation issued by a judge or magistrate that gives the police power at any time to enter and search any premises where drugs may be.

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52
Q

Defence

A

A legally acceptable reason for commuting a criminal act.

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54
Q

Cross-Examination

A

When a witness is asked a questions in court by the opposing side, in order to test the accuracy and objectivity of the evidence.

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54
Q

Defendant

A

The person or group of people against whom a civil or criminal action is brought.

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55
Q

Driving offences

A

Offences that involve breaking the rules of the road, such as speeding or not wearing a seatbelt.

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56
Q

Drug offences

A

Offences including possession of illegal drugs, trafficking, cultivation, manufacture and importation of illegal drugs.

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57
Q

Diminished Responsibility

A

A partial criminal defence where, claiming the defendant acted while mentally ill or disabled and so is not entirely responsible for his or her actions, or where a normally sane person is so affected by alcohol or other drugs that he or she did not know what he or she was doing.

Also known as substantial impairment of responsibility.

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59
Q

Discretion

A

The choice to do or not to do something.

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59
Q

Economic offences

A

Offences involving acts or omissions against people’s property or finances.

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61
Q

Deportation

A

The forcible removal of a person from a country in order to return that person to his or her country of origin

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62
Q

Doli Incapax

A

The legal principle that a person under the age of 10 years cannot be charged with a criminal offence because it is said that they are not old enough to form the necessary mens rea.

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63
Q

Deterrance

A

A purpose of punishment which either dissuades the offender from committing a similar crime in the future because of fear of punishment (specific deterrance) or dissuades the general public from committing a similar crime (General deterrance).

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64
Q

Extradition

A

When a person is handed over by one state to another state because that person is accused of a crime in a latter state.

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65
Q

Genocide

A

Acting with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.

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67
Q

Duress

A

A criminal defence in which the defendant admits to committing the criminal act knowing that it was wrong, but claims that he or she was so frightened by threats of death or seriously bodily harm that he or she committed the act anyway.

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67
Q

Homosexual Advance Defence

A

A defence in which the defendant in a murder case claims that he or she was driven to murder because the victim made an unwelcome homosexual advance towards him.

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69
Q

Indictable offences

A

Serious criminal offences that may be heard by a judge or jury.

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70
Q

Embezzlement

A

When a person steals money from a business over a period of time while they are employed at that workplace

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71
Q

Fine

A

A sum of money paid by an offender as punishment

72
Q

Forfeiture of assets

A

An order for a person to give up his or her property to the government due to the property being gained with proceeds from crime, or used to commit a crime.

73
Q

Examination-in-chief

A

A witness giving their own evidence in court, in response to questions.

74
Q

Intention

A

The specific desire to commit a criminal act or omit a duty.

75
Q

Home Detention

A

A punishment in which the offender is confined to his or her own home or to a restricted area for a period of up to 18months.

76
Q

Imprisonment

A

A punishment in which the offender is detained in a prison for atleast the length of the non-parole sentence.

77
Q

Guideline judgements

A

Judgements issued by the court on application of the Attorney-General that will set out sentencing guidelines for a particular offence

78
Q

Mens Rea

A

‘The guilty mind’, including the intention to commit the crime, recklessness, or gross negligence.

79
Q

Infanticide

A

The death of a child under 12 months at the hands of its mother

80
Q

Negligence

A

Failing to exercise the degree of care, skill or foresight that a reasonable person would have exercised in the same circumstances.
CASE: R v Thomas Sam; R v Manju Sam (2009

81
Q

Recklessness

A

The committing of a criminal act when the probably of harm could he foreseen but the offender acted anyway.

82
Q

International Crime

A

Crime committed which has international implications in either international law or in the enforcement of domestic criminal law.

83
Q

Incapacitation

A

A purpose in punishment, aiming to isolate the offender, usually in prison, so that he or she is unable to commit another crime

84
Q

Involuntary Manslaughter

A

Killing of a person where the death occurred because the accused acted in a reckless or negligent way, without intention to kill the person

85
Q

Hearsay Evidence

A

Witnesses may only tell the court what they SAW or HEARD, not what someone else told them happened.

86
Q

Insider Trading

A

When a person illegally trades on the share market to their own advantage using confidential information.

87
Q

Manslaughter

A

the killing of a person in a manner that is considered to be less intentional than murder

88
Q

Inquisitorial system of trial

A

System of trial used in civil law countries where the magistrate or judge collects the evidence for both sides in co-operation with the prosecution after inquiries have been made.

89
Q

Sexual Assault

A

Unlawful sexual contact by a person on another without their permission

90
Q

Sedition

A

Act of encouraging hatred or contempt of the monarch, government or constitution.

91
Q

Treason

A

May result in harm to the monarch or may involve an attempt to bring down the monarch or government

92
Q

Strict Liability

A

No mens Rea is needed to be proved, actus reus is enough for the person to be guilty of the crime.

92
Q

Robbery

A

When property is taken directly from a victim with the threat of violence

93
Q

Tax Evasion

A

An attempt to avoid paying the full amount of taxes due by concealing or underestimating a person or the business’s income or assets

94
Q

Summary Offences

A

Less serious offences, often heard by a magistrate in the Local Court eg. larceny

95
Q

Plea Bargaining

A

An agreement between the prosecution and defence, having met before the trial, with the defence agreeing that the accused will plead guilty if the prosecution reduces the charge.

96
Q

Relevance

A

Only evidence that relates to the matter under scrutiny can be given by a witness

97
Q

Re-examination

A

The prosecution or defence questions their own witness again, after being cross-examined by the other side.

98
Q

Mental Illness

A

A complete criminal defence which proves that, at the time the defendant committed the crime, he or she was of unsound mind (that is, suffering from a mental illness which either prevented him or her from knowing what the criminal action he or she committed was, or from knowing it was wrong).

99
Q

Self-defence

A

A complete criminal defence in which the defendant admits to committing the offence knowing that it was wrong, but claims he or she was acting to defend himself or herself or someone else from attack.

100
Q

Necessity

A

A complete criminal defence in which the defendant claims that the act or omission committed was necessary to avert serious danger.

101
Q

Legal Aid

A

The provision of inexpensive legal services to people on limited incomes

102
Q

Jury

A

A group of ordinary citizens brought to court to decide upon the guilt or innocence of an offender

103
Q

Mandatory sentencing

A

Removal of judicial discretion by legislation by setting a minimum or mandatory sentence for a particular offence or type of offender

104
Q

Rehabilitation

A

A purpose of criminal punishment that aims to change the behaviour of offenders so that they will not wish to commit other crimes

105
Q

Specific deterrance

A

Punishment against te individual offender aiming to deter them from committing crime in the future

106
Q

General deterrence

A

Punishment attempting to create an example of an offender in order to send a message to the rest of the community

107
Q

Murder

A

The deliberate killing of another person

107
Q

Voluntary Manslaughter

A

Person kills with intent but there are mitigating circumstances which reduce their culpability

107
Q

Retribution

A

A purpose of punishment which aims to ‘pay back’ the person who committed the crime.

108
Q

Larceny

A

When one or more persons intentionally takes another person’s property without consent and without intention of returning it.

109
Q

Opinion Evidence

A

A witness cannot give his/her opinion in a court about another person’s words or actions unless the witness is an expert in that field

111
Q

Majority Verdict

A

A verdict in which the guilt of an accused person is decided by eleven out of the twelve people on a jury.

111
Q

Mitigating circumstances

A

Matters that persuade the judge in a sentencing hearing that the maximum penalty should not be imposed.

112
Q

No conviction recorded

A

A type of penalty where an accused person is found guilty of a criminal offence, but the charge is dismissed and no record is made of the conviction.

114
Q

Suspended sentence

A

A punishment in which an offender is sentenced to a term in prison, but the sentence is not carried out, and the offender is released into the community on a bond to be of good behaviour.

115
Q

Probation order

A

A punishment in which the offender is released into the community but agrees to be on a bond of good behaviour and is subject to the supervision of the Parole Authority

116
Q

Victim Impact Statement

A

A statement made to the court outlining the full effect of the crime on the victim.

117
Q

Penalty unit

A

An amount of money used to impose fines. One penalty unit = $110

118
Q

Periodic Detention

A

A punishment for which the offender is required to serve his or her prison sentence on consecutive weekends.

119
Q

Restorative Justice Programs

A

Sentencing programs which aim to both address the causes of criminal behaviour and to allow the offender to rectify the harm he or she has caused

121
Q

Security Classification

A

The classification given to a prisoner which determines the type of prison in which he or she is placed

121
Q

Protective Custody

A

Separating a prisoner from other prisoners whom he or she fears

123
Q

Parole Period

A

A time when an offender no longer must be imprisoned, but is freed into the the community under supervision

124
Q

Preventative Detention

A

Keeping a person suspected of being about to engage in criminal activity, for example, terrorism, in prison for up to 48 hours without charge - Terrorism (Police Powers) Act 2002 (NSW)

125
Q

Sexual Offenders Registration

A

People who have been convicted of serious sexual offences are required to register with the police station closest to their residence and provide the police with certain information, including travel plans

126
Q

Warning

A

A sanction given on the spot by police for a minor offence. Some offenders, such as children may be given a warning. In which case, the child’s name is recorded, but this does not form part of the child’s criminal history.

128
Q

Youth Justice Conference

A

A conference involving a young offender, a parent or guardian, the victim, a supporter for the victim and a mediator. The aim of this conference is to arrive at an agreement which helps rectify the effects of crime and to prevent reoffending.

128
Q

Transnational crimes

A

Crimes which occur within a state’s legal system but contain a international element.

130
Q

Public Order Offence

A

Acts which occur in a public place and are seen as offensive or disruptive to the general population

131
Q

Social Crime Prevention

A

Changing the social factors which cause people to be criminals

132
Q

Remand

A

Bail is refused and the defendant is kept in prison until the day of the court hearing.

133
Q

Legal Aid

A

The provision of inexpensive legal services to people on limited incomes.

134
Q

Inquest

A

An inquiry into the circumstances surrounding an unnatural death or an unexplained fire.

135
Q

Intention

A

The specific desire to commit a criminal act or omit a duty.

136
Q

International instruments

A

Formal legal documents, such as treaties, conventions and declarations, which have legal force under international law.

137
Q

Jurisdiction

A

The area over which a court has authority which can be geographical or subject-based.

138
Q

Jury

A

A group of ordinary citizens brought to court to decide on the guilt or innocence of an offender.

139
Q

Maximum penalty

A

The most severe sentence that can be given for a particular crime.

140
Q

Non-parole period

A

The minimum time an offender must actually spend in prison.

141
Q

Offences against the person

A

Acts or omissions which harm other people, such as murder, assault and sexual assault.

142
Q

Offences against sovereign

A

Acts or omissions which aim to disrupt or harm the governing bodies of a country, such as spying, treason and illegal demonstrations.

143
Q

Partial defence

A

A criminal defence which, if successfully proved, reduces the defendant’s liability, for example from murder to manslaughter.

144
Q

Parties

A

People who have participated in committing a criminal offence, either before, during or after the offence.

145
Q

Possession

A

Having enough illegal drugs for personal use

146
Q

Preliminary crimes

A

Attempting to commit a criminal act or omission, or planning to do so.

147
Q

Presumption of innocence

A

The presumption in a criminal trial that an accused person is innocent until proven guilty.

148
Q

Prima facie case

A

A sufficiently strong case against the accused to put the matter before a jury.

149
Q

Principal in the first degree

A

The actual perpetrator of a crime (that is, a person or persons who actually committed the crime).

150
Q

Principal in the second degree

A

A person (or persons) who was present or who assisted the principal in the first degree in committing an offence.

151
Q

Prosecute

A

To present the case in court on behalf of the state.

152
Q

Prosecution

A

The party who brings a criminal case to court - usually the police.

153
Q

Provocation

A

A partial criminal defence in which the defendant claims that he or she was aggravated by the victim in such a way that the actions of the murdered person would have caused an ordinary person to lose self-control.

154
Q

Public defenders

A

Legal practitioners appointed by the government to represent accused people who have been granted legal aid in the District Court and Supreme Court.

155
Q

Public order offences

A

Acts which occur in a public place and are seen as offensive or disruptive to the general population, such as offensive conduct and indecent exposure.

156
Q

Recklessness

A

The committing of a criminal act when the probability of harm could be foreseen but the offender acted anyway.

157
Q

Recidivist

A

A person who commits crime again and again.

158
Q

Re-examination

A

The prosecution or defence questions their own witness again, after he or she has been cross-examined by the other side.

159
Q

Rehabilitation

A

A purpose of criminal punishment that aims to change the behaviour of offenders so that they will not wish to commit other crimes.

160
Q

Rogue Juror

A

A juror who enters the jury room having prejudged the verdict, and refuses to listen to the evidence or views of the other jurors.

161
Q

Sanction

A

1) Punishment 2) Action taken by the international community towards a state which is seen to be attempting to break, or has broken, recognised international law.

162
Q

Search and seizure

A

The power to search people and their belongings or premises and to take away property that is illegally held or is to be used in evidence.

163
Q

Situational crime prevention

A

Creating situations in which it is difficult for people to break the criminal law

164
Q

Standard of proof

A

The weight or value given to evidence; the amount of proof needed in a court case. In a criminal case, this is ‘beyond reasonable doubt’.

165
Q

State

A

1) An independant body with a defined territory that can enter into negotiations with other states and be recognised internationally; 2) A part of a federated nation, such as the state of NSW; 3) Another name for government

166
Q

Strict liability

A

No mens Rea needs to be proved. The actual reus is enough for the person to be guilty of the crime.

167
Q

Summons

A

An official legal document which commands the person to whom it is addressed to appear at a particular court on a particular day to answer claims made against him or her.

168
Q

Suspended sentence

A

A punishment in which an offender is sentenced to a term in prison, but the sentence is not carried out, and the offender is released into the community in a bond to be of good behaviour.

169
Q

Terrorism

A

Violence by an individual or group against a perceived international enemy, aimed at provoking fear.

170
Q

Trafficking

A

Having a quantity of illegal drugs deemed greater than that which the individual could use alone.

171
Q

Transnational crimes

A

Crimes which occur within a state’s legal system but contain an international element.

172
Q

Treaty

A

An agreement between states, in written form and governed by international law.

173
Q

Unanimous verdict

A

When all the members of the jury agree on the guilt or innocence of an accused person.

174
Q

Verbals

A

False confessions, either fabricated by the police or obtained using threats of violence to force people to confess.

175
Q

Warrant

A

A written authorisation issued by a judge or magistrate which gives the police power to take the action authorised by it, such as arresting the person named on it, or searching premises.

176
Q

White collar crimes

A

Crimes against property, carried out by people working in the business world who commit crimes related to money, such as embezzlement and tax evasion.

177
Q

Witness

A

A person who gives evidence in court about what they know about a particular case.

HSC Legal Studies (5 decks)

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