Criminal investigation process Flashcards
what is provocation?
- 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
what is infanticide?
if the mother has killed its chilled if it is under the age of 12 months and the mother suffers from post natal depression
what is duress?
the defendant may be acquitted of they can show thye acted agaisnt their own will under lawfull pressure
what is behaiviour/automatism
another defence relationg to mens rea of the accused, in the case, the arguement is that the accused actions were not controlled/or voluntary.
what is neccessity?
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
what is consent?
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
what is an accident?
negligent acts ot ommision a person is not criminal resposibile, where they dont see the forseeable possible consequence
what is honest mistake of fact? (DEFENCE)
is not generally a defence under the law and is difficult to prove.
what is a mental illness/insanity?
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
what is self-defence?
self-defence is the person who admitted to committing the crime, however did so defending themselves or another person.
what is charge negotiation?
this is where the accused to the prosecution to plead guilty to a particular charge or charges.
what is a means test?
to decide whether their income or assets can afford to pay for legal representation
what is the merits?
the test to see if the case is worht persuing according to what are the chances of winning the cases
what is the jurisdiction test?
to see whether legal sid is available in that jurisdiction and area of the law
what is a jury?
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
exemptions from jury duty?
- religous leader
- dentist, pharmisct, medical
- pregnant women
- sole carers
- lives 56km away
- mining mangers or employed in emergency services
what is judicial summons?
legal document that states when and where a person must appear in court
what is the welfare model?
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.
what is the justice model?
it takes a stance where the punishment is met and used as the deterrence rather than rehabilitation
what is dismissal?
the court can disiss the charge wihtou punishment or conviction, but may be give a caution
what is conviction? (YOUNG OFFENDERS)
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
what is adjourment?
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.
what is a bond?
the child can be released on a good bahiviour bond for upto to a maximum of two years
what is the youth justice conference?
the child can be released sunject to the child complying with a youth justice conference outcome play
what is probation?
a bind with probation order is upto to two years can be imposed overseen by an officer of youth justice
what is community service order?
community service order is a severe penalty and can be made up to 100 hours
what is suspended control order?
similar to a suspended sentence, a court can suspend a control order for upto two years, subject to good behaiviour
what is control order?
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
what is retribution?
it refers to punishment considered to be morally right or deserved because of th e natuer of the crime
what is restorative justice?
sentencing involving a voluntary conference between the offender and the victim of the crime
