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hsc legal > crime defenitions > Flashcards

crime defenitions Flashcards

1
Q

crime

A

An act or omission against the community at large that is punishable by the state

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2
Q

state

A

A government and the people it governs; a country

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3
Q

accused

A

The person or alleged offender that the criminal action is being taken against

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4
Q

crown

A

The state party that commences a criminal action in a court of law; in New South Wales, the action is usually commenced by the Director of Public Prosecutions; if the alleged crime is against a federal criminal law, the action is usually commenced by the Commonwealth Director of Public Prosecutions

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5
Q

beyond reasonable doubt

A

The standard of proof required in a criminal case for a person to be found guilty

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6
Q

actus reus

A

A Latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime

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7
Q

mens rea

A

A Latin term meaning ‘guilty mind’, meaning that the accused intended (to some degree) to commit the crime, knowing their actions were wrong

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8
Q

Recklessness

A

When the accused was aware that their action could lead to a crime being committed, but chose to take that course of action anyway

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9
Q

Criminal negligence

A

Where the accused fails to foresee the risk when they should have and so allows the avoidable danger to occur

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10
Q

trafficking

A

Dealing or trading in something illegal, particularly drugs 


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11
Q

homicide

A

The unlawful killing of a human being

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12
Q

murder

A

The deliberate killing of a person

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13
Q

Manslaughter

A

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

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14
Q

Mitigating circumstances

A

Circumstances that make an offence less severe; they can lead to a reduced sentence

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15
Q

Voluntary manslaughter

A

The killing of a person where the accused did intend to kill or was reckless about killing someone but there were mitigating circumstances

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16
Q

Provocation

A

The defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions

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17
Q

Involuntary manslaughter


A

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

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18
Q

Constructive manslaughter


A

The killing of a person while the accused was carrying out another dangerous or unlawful act

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19
Q

Infanticide

A

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

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20
Q

Assault

A

A criminal offence involving the infliction of physical force or the threat of physical force

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21
Q

Common assault

A

Assault where there is no actual physical harm to the person assaulted, including threatening to cause physical harm to another person

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22
Q

Sexual assault

A

When someone is forced into sexual intercourse against their will and without their consent

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23
Q

Indecent assault 


A

An assault and ‘act of indecency’ on or in the presence of another person without their consent 


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24
Q

Treason

A

An attempt or manifest intention to levy war against the state, assist the enemy or cause harm to or the death of a head of state

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25
Q

Sedition

A

Promoting discontent, hatred or contempt against a government
or leader of the state through slanderous use of language; in Australia, sedition includes the offences of urging force or violence against the government

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26
Q

Larceny

A

When one or more people intentionally take another person’s property without consent and without intention of returning It

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27
Q

Robbery

A

When property is taken directly from a victim, usually forcefully

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28
Q

Break and enter

A

Commonly known as burglary, break and enter offences usually occur when a person enters a home with intent to commit an offence

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29
Q

White-collar crime

A

A general term for
various non-violent
crimes associated
with professionals or businesspeople, such as embezzlement, tax evasion or insider trading

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30
Q

Embezzlement

A

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

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31
Q

Tax evasion

A

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

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32
Q

Insider trading

A

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

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33
Q

Fraud

A

Deceitful or dishonest conduct carried out for personal gain

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34
Q

affray

A

Using or threatening to use violence on another that would cause a reasonable person present at the scene to fear for their safety

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35
Q

Riot

A

Similar to affray, but with 12 or more people using or threatening to use unlawful violence for a common purpose

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36
Q

Attempt

A

An offence where a principal crime was attempted but failed
or was prevented for some reason despite the intention to complete it

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37
Q

Conspiracy

A

When two or more people plot to commit a crime together

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38
Q

Summary offence

A

A less severe offence that is heard and sentenced by a magistrate in a Local Court

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39
Q

Indictable offence

A

A more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and jury

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40
Q

Principal in the first degree

A

This is the principal offender, or the person who actually commits the criminal act.

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41
Q

Principal in the second degree

A

This is a person who was present at the crime and assisted or encouraged the principal offender to perform the offence.

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42
Q

Accessory before the fact 


A

a person who has helped in planning or preparation before the actual act is carried out. 


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43
Q

Accessory after the fact 


A

This is someone who has assisted the principal after the actual act is committed, such as by driving a getaway car or disposing of evidence. 


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44
Q

Criminology

A

The scientific study of crime and criminal behaviour

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45
Q

investigate

A

For the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident

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46
Q

Arrest

A

To seize a person by legal authority and take them into custody

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47
Q

Interrogate

A

To formally question a suspect in relation to an alleged crime

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48
Q

Evidence

A

Information used to support facts in a legal investigation or admissible as testimony in court

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49
Q

Search and seizure

A

The power to search
a person and/or their possessions and seize and detain items that are discovered

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50
Q

Reasonable force

A

Such force as is reasonably necessary for the officer
to perform the function; the officer must honestly believe that it was justified and not excessive

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51
Q

Warrant

A

A legal document issued by a magistrate or judge authorising an officer to perform a particular act, such as make an arrest, conduct a search, seize property or use a phone tap

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52
Q

In situ

A

A Latin term meaning
‘in the place’; used to describe the place in which a piece of evidence is found or situated

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53
Q

Inadmissible evidence

A

Evidence that cannot be considered by a judge or jury in court (for example, confessions that were obtained by force)

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54
Q

DNA evidence

A

Genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect

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55
Q

Interrogation

A

The act or process of questioning a suspect, carried out by the investigating officers

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56
Q

caution

A

A statement issued by police to a suspect when they are detained to inform the suspect of their rights

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57
Q

Court attendance notice

A

a legal document that states when and where a person must appear in court and the charge to which they must answer

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58
Q

subpoena

A

a legal document issued by a court, requiring a person to attend and give evidence and/or to produce specified documents to the court

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59
Q

bail

A

the temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee

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60
Q

surety

A

In bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused’s release until that date

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61
Q

remand

A

a period spent in custody awaiting trial

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62
Q

appeal

A

an application to have
a higher court review a decision of a lower court

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63
Q

court hierarchy

A

the system of courts within a jurisdiction, from lower courts to intermediate and higher courts

64
Q

original jurisdiction

A

the authority for a court to hear a matter for the first time

65
Q

appellate jurisdiction

A

The authority for a court to review matters on appeal from another court

66
Q

committal proceedings

A

proceedings in which a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court

67
Q

magistrate

A

a judicial officer in the Local Court; in New South Wales they are appointed by the Governor

68
Q

coroner

A

a judicial officer appointed to investigate deaths in unusual circumstances

69
Q

coronial inquest

A

a court hearing conducted by a coroner to help determine the manner and cause of death

70
Q

adversary system

A

a system of law where two opposing sides present their cases to an impartial judge or jury

71
Q

inquisitorial system

A

a system of law where two sides present their cases to a judge who directs
the cases and can call for particular evidence

72
Q

police prosecutor

A

a NSW Police Force officer trained in prosecution, usually used to prosecute summary offences

73
Q

public prosecutor

A

a legal practitioner employed by the Director of Public Prosecutions, usually used to prosecute indictable offences

74
Q

public defender

A

a public barrister who can appear for an accused in a serious criminal matter where legal aid has been granted

75
Q

legal aid

A

a subsidised legal service provided by the state for those on low incomes

76
Q

plea

A

a formal statement of guilt or innocence by the accused

77
Q

charge negotiation

A

an agreement between the DPP and the accused that involves the acceptance of a guilty plea, usually in exchange for something else

78
Q

Burden of proof

A

in criminal matters, the responsibility of the prosecution to prove the case against the accused

79
Q

standard of proof

A

The level of proof required for a party to succeed in court

80
Q

beyond reasonable doubt

A

the standard of proof required in a criminal case for a person to be found guilty

81
Q

acquittal

A

a judgement that a person is not guilty of the crime with which they have been charged

82
Q

mental illness or insanity


A

mental incapacitation
at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence

83
Q

involuntary behaviour or automatism


A

an act that cannot be controlled or is not voluntary, such as an epileptic fit

84
Q

self-defence or necessity

A

the defendant acted in defence of self, another or property; only accepted in limited circumstances and only for reasonable force

85
Q

duress

A

coercion or pressure used by one party to influence another party

86
Q

consent

A

it is a complete defence for some crimes if the accused can show the victim freely consented to the act in question

87
Q

provocation

A

the defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions

88
Q

diminished responsibility


A

also known as
substantial impairment of responsibility, this defence is used when the accused is suffering from a mental impairment

89
Q

peremptory challenge

A

when the legal team rejects a juror without needing to provide a specific reason

90
Q

challenge for cause

A

when the legal team rejects a juror because they believe that for some reason the juror will be prejudiced

91
Q

sentencing hearing

A

a hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be given to the accused

92
Q

maximum penalty

A

set by parliament, this is the maximum sentence available to a court to impose for an offence; the maximum penalty is rarely handed down

93
Q

judicial discretion

A

the power of a judge or magistrate to make a decision within a range of possibilities based on the particular circumstances of a case

94
Q

guideline judgement

A

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

95
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

96
Q

deterrent

A

something that discourages or is intended to discourage someone from doing something

97
Q

specific deterrence

A

punishment against
an individual offender aiming to deter them from committing crime in the future

98
Q

general deterrence

A

punishment attempting
to make an example of an offender in order to send a message to the rest of the community

99
Q

retribution

A

punishment considered to be morally right or deserved because of the nature of the crime

100
Q

rehabilitation

A

an objective of sentencing designed to reform the offender so that they do not commit offences in the future

101
Q

recidivism

A

habitual or repeated acts of criminal behaviour
after having undergone treatment or punishment to deter such behaviour

102
Q

incapacitation

A

making an offender incapable of committing further offences by restricting their freedom

103
Q

aggravating factor

A

a circumstance that makes the offence more serious; it can lead to an increased sentence

104
Q

mitigating factor

A

a circumstance that makes the offence less severe;
it can lead to a reduced sentence

105
Q

victim impact statement

A

a statement written by the victim or victim’s family about the impact the crime has had on them, heard at the time of sentencing

106
Q

gratuitous violence 


A

excessive violence carried out without reason, cause or excuse 


107
Q

appellant

A

in an appeal case, the party who is making the appeal

108
Q

appeal against conviction


A

an appeal where the appellant (the defendant) argues that they did not commit the offence of which they were found guilty

109
Q

sentence appeal

A

an appeal against the severity or leniency of a sentence

110
Q

caution

A

a formal warning without charge issued by police for less serious offences

111
Q

criminal infringement notice

A

a notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine

112
Q

fine

A

a monetary penalty imposed for infringement of a law

113
Q

penalty unit

A

a specified unit of money used in legislation to describe the fine payable; currently $110 in New South Wales

114
Q

proceeds of crime

A

assets (money or property) obtained by an offender through their criminal activities

115
Q

forfeit

A

(also known as forfeiture) loss of rights to property or assets as a penalty for wrongdoing

116
Q

bond

A

a compulsory condition imposed on an offender for a period of time, which the offender undertakes to comply with 


117
Q

probation

A

a type of good behaviour bond where the offender is released on condition of good behaviour but placed under some form of supervision, such as daily reporting to a probation officer

118
Q

suspended sentence

A

a sentence of imprisonment imposed but suspended on condition of good behaviour

119
Q

community service order

A

A penalty where the offender is sentenced to serve specified hours of work in the community

120
Q

correctional centre

A

commonly known as a prison – an institution where offenders are held in custody for the period of their imprisonment

121
Q

home detention

A

an imprisonment sentence where the offender is confined to their home under certain conditions of monitoring

122
Q

non-parole period

A

a period of imprisonment during which parole cannot be granted

123
Q

parole

A

release of a prisoner before the expiry of
an imprisonment
term, temporarily or permanently, on the promise of good behaviour

124
Q

Intensive Correction Order (ICO)

A

an alternative to a custodial sentence where an offender has restricted movement and must attend a rehabilitation program

125
Q

diversionary program

A

an alternative to the traditional court system that focuses on the rehabilitation of offenders

126
Q

circle sentencing

A

a form of sentencing for some adult Indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate

127
Q

restorative justice

A

a form of sentencing involving a voluntary conference between the offender and the victim of the crime

128
Q

preventive detention

A

keeping a person in custody, even though they have not committed any offence, to prevent some future harm that they may commit

129
Q

continued detention 


A

ongoing detention of a person who has already served the full sentence for their offence 


130
Q

juvenile justice

A

the area of law and policy concerned with young people and the criminal justice system

131
Q

doli incapax

A

a Latin term meaning ‘incapable of wrong’; the presumption that children under a certain age cannot be held legally responsible for their actions and so cannot be guilty of an offence

132
Q

rebuttable presumption

A

a legal presumption in favour of one party – it can be rebutted by the other party if they can show sufficient evidence to disprove it

133
Q

conclusive presumption

A

a legal presumption in favour of one party that is final and cannot be rebutted by the other party

134
Q

right to silence 


A

the right of a person to refuse to answer any question put to them by the police 


135
Q

interview friend

A

a parent, guardian, friend or legal representative present at the police interview of a minor; the interview friend’s role is to offer support and witness that statements are made voluntarily

136
Q

youth justice conference

A

a measure under the Young Offenders Act 1997 (NSW) to divert young offenders from the court system through a conference that addresses the offender’s behaviour in a more holistic manner

137
Q

control order

A

similar to an adult sentence of imprisonment, except served in a Juvenile Justice Centre

138
Q

Juvenile Justice Centre

A

a detention centre housing young offenders subject to control orders

139
Q

grave adult behaviour

A

where a young offender has acted like an adult in committing the offence, in terms of the seriousness of the offence and other factors surrounding the behaviour, such as premeditation

140
Q

warning

A

a notice given to a young offender (usually for a
first minor offence) that is recorded by police but with no conditions attached; the offender must be told of the nature, purpose and effect of the warning

141
Q

caution

A

a formal, recorded alternative to prosecution where the young offender admits to the offence and consents to receiving a formal police caution; it can later be taken into account in the Children’s Court, but not in an adult court

142
Q

state sovereignty

A

The authority of an independent state to govern itself (for example, to make and apply laws; impose and collect taxes; make war and peace; and form treaties with foreign states)

143
Q

crime against
the international community


A

a most serious crime,
of concern to the international community as a whole, and recognised by the international community as requiring punishment

144
Q

transnational crime

A

crime that occurs across international borders, either in origin or effect

145
Q

international crime

A

a broad term covering any crime that is punishable by a state, but that has international origin or consequences, or a crime recognised by the international community as punishable

146
Q

genocide

A

the deliberate extermination of a national, ethnic, racial or religious group

147
Q

universal jurisdiction

A

where a state claims a right to prosecute a person for actions committed in another state, based on the common international opinion that the alleged crime is so serious that normal laws of criminal jurisdiction do not apply

148
Q

International Criminal Court (ICC)

A

an independent international court established by the Rome Statute in July 2002 to prosecute and try international crimes of the most serious nature

149
Q

Rome Statute

A

the Rome Statute of the International Criminal Court; the international treaty that established the International Criminal Court

150
Q

crime against humanity

A

described in the
Rome Statue as an act ‘committed as part of a widespread or systematic attack directed against any civilian population’

151
Q

war crime

A

action carried out during a time of war that violates accepted international rules of war

152
Q

Geneva Conventions

A

four treaties, with three extra protocols, that set the international law standards for the humane treatment of the victims of war, whether military or civilian

153
Q

Australian Federal Police (AFP)

A

Australia’s Commonwealth police force, established to uphold Commonwealth criminal law and to guard Australia’s interests from crime both in Australia and internationally

154
Q

Peacekeeping

A

The activity of creating conditions for sustainable peace in countries affected by conflict, through the use of force, quite often provided by a number of countries and consisting of soldiers, civilian police and civilian personnel

155
Q

Extradition 


A

The legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal charges or sentence 


156
Q

Bilateral agreement

A

An agreement between two countries

157
Q

International Criminal Police Organization (INTERPOL)


A

The world’s largest international police organisation, established in 1923 to facilitate collaboration among intelligence agencies around the world

hsc legal (5 decks)

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