Criminal investigation process

Question 1

what is provocation?

Answer 1

1. is the defence in which the defendant claims their action were the direct result of the other persons actions, which caused them to lose the control commit the offence in questions

Question 2

what is infanticide?

Answer 2

if the mother has killed its chilled if it is under the age of 12 months and the mother suffers from post natal depression

Question 3

what is duress?

Answer 3

the defendant may be acquitted of they can show thye acted agaisnt their own will under lawfull pressure

Question 4

what is behaiviour/automatism

Answer 4

another defence relationg to mens rea of the accused, in the case, the arguement is that the accused actions were not controlled/or voluntary.

Question 5

what is neccessity?

Answer 5

the drime was nessecary in order to avoid a greater harm, the defence does not deny actus reas or mens rea but the accused believed they had no choice

Question 6

what is consent?

Answer 6

the defence most often used as an absolute defence in sexual assault cases it can be shown that the alleged victim consented to the act the accused may be acquitted

Question 7

what is an accident?

Answer 7

negligent acts ot ommision a person is not criminal resposibile, where they dont see the forseeable possible consequence

Question 8

what is honest mistake of fact? (DEFENCE)

Answer 8

is not generally a defence under the law and is difficult to prove.

Question 9

what is a mental illness/insanity?

Answer 9

is a defence that is only available where the accused can prove that they commited the offence, and that the mens rea was not an intentional

Question 10

what is self-defence?

Answer 10

self-defence is the person who admitted to committing the crime, however did so defending themselves or another person.

Question 11

what is charge negotiation?

Answer 11

this is where the accused to the prosecution to plead guilty to a particular charge or charges.

Question 12

what is a means test?

Answer 12

to decide whether their income or assets can afford to pay for legal representation

Question 13

what is the merits?

Answer 13

the test to see if the case is worht persuing according to what are the chances of winning the cases

Question 14

what is the jurisdiction test?

Answer 14

to see whether legal sid is available in that jurisdiction and area of the law

Question 15

what is a jury?

Answer 15

defined under the jury act 1977 nsw, a panel of citezins, up to 12 people, role is to determine the guilt or innocence of the accused based on the evidence presented of trial

Question 16

exemptions from jury duty?

Answer 16

1. religous leader
2. dentist, pharmisct, medical
3. pregnant women
4. sole carers
5. lives 56km away
6. mining mangers or employed in emergency services

Question 17

what is judicial summons?

Answer 17

legal document that states when and where a person must appear in court

Question 18

what is the welfare model?

Answer 18

assumes that the cause of the crime can relate to several factors and creates a need to protect younf offender from the cause of the crime.

Question 19

what is the justice model?

Answer 19

it takes a stance where the punishment is met and used as the deterrence rather than rehabilitation

Question 20

what is dismissal?

Answer 20

the court can disiss the charge wihtou punishment or conviction, but may be give a caution

Question 21

what is conviction? (YOUNG OFFENDERS)

Answer 21

for young offenders, the court can decide whether to record a conviction but for the children under 16 years old, no conviction can be recorded

Question 22

what is adjourment?

Answer 22

the sentencing can be adjourned or deferred for up to 12 months to assess the the childs prospects of rehabilatation and reconsidered at that the later date.

Question 23

what is a bond?

Answer 23

the child can be released on a good bahiviour bond for upto to a maximum of two years

Question 24

what is the youth justice conference?

Answer 24

the child can be released sunject to the child complying with a youth justice conference outcome play

Question 25

what is probation?

Answer 25

a bind with probation order is upto to two years can be imposed overseen by an officer of youth justice

Question 26

what is community service order?

Answer 26

community service order is a severe penalty and can be made up to 100 hours

Question 27

what is suspended control order?

Answer 27

similar to a suspended sentence, a court can suspend a control order for upto two years, subject to good behaiviour

Question 28

what is control order?

Answer 28

a control order is the most severe and similar of penalty of an adult sentence and improsenment except it involves detention in youth centre, maximum years is 2

Question 29

what is retribution?

Answer 29

it refers to punishment considered to be morally right or deserved because of th e natuer of the crime

Question 30

what is restorative justice?

Answer 30

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