Definitions Flashcards
1
Q
Define State
A
Nation with a governing body, defined land, peoples
2
Q
Define Crown
A
Governing body that takes a criminal act to courts
3
Q
Define Prosecute
A
When the Crown/nation state holds an accused person accountable before the courts
4
Q
Define Crime
A
Any act that affects society as a whole and is prosecuted by the state
5
Q
Define Accused
A
Person suspected of committing a crime
6
Q
Define Beyond Reasonable Doubt
A
The standard of proof required for a criminal case
7
Q
Define Actus Reus
A
Guilty act, physical act of committing a crime
8
Q
Define Mens Rea
A
Guilty mind, accused intended to commit the crime
9
Q
Define Caustation
A
The behaviour of the accused resulted in the criminal act occurring
10
Q
Define Intention
A
Clear that the accused intended to be malicious or wilfully committed the crime
11
Q
Define Recklessness
A
When the accused knows their behaviour could lead to them committing a crime but does it anyway
12
Q
Define Criminal Negligence
A
The accused fails to foresee the risk and therefore allows an avoidable danger to occur
13
Q
Define Strict Liability Offences
A
Those that prosecution only needs to prove actus reus not mens rea
14
Q
Define Homicide
A
Deliberate or accidental unlawful killing of another person
15
Q
Define Murder
A
Premeditated killing of someone
16
Q
Define Manslaughter
A
Killing someone with less of an intention
17
Q
Define Provocation
A
A defence to an act whereby the defendant’s actions are a result of another person’s behaviour
18
Q
Define Mitigating Circumstances
A
Circumstances that can excuse or lessen the sentence of an accused
19
Q
Define Involuntary Manslaughter
A
Death as a result of the accused behaving recklessly or negligently w/o intending to kill
20
Q
Define Constructive Manslaughter
A
Threatening to cause harm to another or assault where there is no physical harm
21
Q
Define Infanticide
A
Death of baby <12 months
22
Q
Define Common Assault
A
Threatening to cause harm to another or assault where there is no physical harm
23
Q
Define Assault
A
When someone physically attacks or threatens to attack another
24
Q
Define Wounding
A
Means no more than the top layer of skin is removed
25
Define SNPP
Standard Non-Parole Period
26
Define Aggravated Sexual Assault
When there are even more serious circumstances
27
Define Sexual Assault
When someone is forced into sexual intercourse without consent
28
Define Sexual Offences
When someone is forced into sexual intercourse without consent
29
Define Kidnapping
Taking someone or holding them w/o their consent
30
Define Affray
Fighting in public
31
Define Attempt
hen someone tries to or plans to commit a crime but either hasn’t followed through or is unsuccessful
32
Define Breaking and Entering (B&E)
When a person enters a building with the purpose of committing another offence e.g. larceny
33
Define Conspiracy
When 2+ people collaborate and plan to commit a crime
34
Define Embezzlement
When someone steals someone’s money that has been given to them trustingly
35
Define Fraud
Economic offence that involve an element of deceit or lying for gain
36
Define Insider Trading
Illegally acquiring company info & using that to their advantage to buy & sell shares
37
Define Larceny
When someone takes another person’s property w/o consent
38
Define Offences Against the Sovereign
Any type of offence that has anything to do with the state or heads of state
39
Define Riot
A group of people disturbing the peace through violence
40
Define Robbery
Using force when stealing property or if property is taken directly from the victim
41
Define Sedition
Promoting discontent, hatred, or contempt against a govt. or head of state
42
Define Tax Evasion
When a person or company tries to avoid paying taxes
43
Define Treason
Any action that goes against the state, harms, or results in the death of the head of state
44
Define White Collar Crimes
Crimes that are usually non-violent associated with business people & money
45
Define Summary Offences
Less severe offences like theft that will be heard in lower-level courts by magistrate
46
Define Indictable Offences
More serious offences like murder that are heard in higher courts by judge/jury
47
Define Triable Summarily
Accused can have indictable cases heard in Lower Court if they want
48
Define Principal in the First Degree
Someone who actually commits the crime
49
Define Principal in the Second Degree
Someone present or who assisted in some other way during the crime who helped the principal offender carry out their crime
50
Define Accessory Before the Fact
Someone who helps plan or prepare before the principal commits the crime
51
Define Accessory After the Fact
Someone who helps the principal after they commit the crime
52
Define Derivative Charges
Charges where the principal in the first has to be charged FIRST for the principal in the second to be charged
53
Define Criminology
Study of criminal behaviour
54
Define Social Factors
To do with a person’s family and relationships
55
Define Political Factors
Any crime committed in the name of expressing ones political beliefs
56
Define Crime Prevention
Aims to reduce crime rates
57
Define Situational Crime Prevention
Strategies that make committing a crime more difficult or could deter them in the first place by making it more challenging or higher likelihood of getting caught
58
Define Physical Environment
The way a building, area is designed so as to prevent crime or making it difficult
59
Define Crime Stoppers
To report info on suspicious behaviour or unsolved crime
60
Define Hearsay Evidence
Evidence someone heard someone else say, witnesses need to be directly observed
61
Define Ordinary Search
Searching but may require removal of overcoat, coat, jacket, gloves, shoes, socks or hat
62
Define Frisk Search
Searching by running the hands over person’s outer clothing or passing metal detectors over the person’s body. Also includes anything worn or carried by the person that can be removed
63
Define Strip Search
Only conducted if police have a reasonable suspicion of seriousness or urgency, they will have to remove all their clothing
64
Define Warrent
Document issues by magistrate/judge authorises a police officer to perform duties they couldn’t
65
Define Interrogation
Questioning a suspect
66
Define Caution
Statement issued by police to a suspect when they are detained to inform the suspect of their rights (Aust version of Miranda rights)
67
Define Preventative Detention Order
When someone is detained w/o evidence on suspicion of terrorist behaviour
68
Define Unconditionally
No restrictions on behaviour
69
Define Summons
Legal notice served to someone requesting they attend a court session
70
Define Court Attendance Notice
What a summons is now referred to
71
Define Warrant
Gives officials authority to do something
72
Define Court Attendance Notice (CAN)
Document outlining when, where a person must appear at court and for what charges
73
Define Subpoena
Like a CAN except for witnesses requiring them to appear at court on a specified date
74
Define Bail
Temporary release of an accused person while they wait for trial
75
Define Surety
Someone else pays bail money on behalf of them
76
Define Remand
When bail is denied & the accused remains in custody until trial
77
Define Conditional Bail
When bail is granted with the proviso that certain actions need to be carried out
78
Define Unconditional Bail
When bail is granted with no conditions imposed
79
Define “Show Cause”
Accused may have to prove to the court why locking them up isn’t justified
80
Define Detention
When an officer holds & questions someone in a “brief and cursory” manner
81
Define Interrogation
Official interview by the police
82
Define Appeal
When a case is reviewed in a higher court
83
Define Appellate Jurisiction
Power given to courts to hear appeals from other courts
84
Define Court Hierarchy
The court system in order of jurisdiction and level
85
Define Coroner
A judicial officer appointed to investigate deaths in unusual circumstances
86
Define Original Jurisiction
Power given to a court to hear a case for the first time
87
Define Committal Proceedings
Preliminary hearing in a magistrates' court to decide if there is enough in an indictable case to be heard in a higher court
88
Define Prima Facie
Means ‘establishing the facts’ i.e. enough evidence in an indictable case for the accused to stand trial
89
Define Inquest
A court hearing where the coroner considers evidence to determine the identity of the deceased and the date, place, manner and cause of death of the deceased
90
Define Recidivism Rate
The rate of repeat offend
91
Define Adversary System
A system which refers to the way in which 2 parties on opposing sides present their case to the judge, jury or magistrate
92
Define Accused
Person on trial to determine whether or not they committed a criminal act
93
Define Barrister
Legal representative who represents either the prosecution or the accused in intermediate or superior levels of court
94
Define Director of Public Prosecutions
They are the head of the public prosecution office and determine what cases will be taken to trial & which prosecutor/s will oversee them, etc.
95
Define Judge
Legal expert who oversees intermediate and superior levels of court
96
Define Magistrate
Legal expert who oversees lower level of court
97
Define Public Prosecutor
Legal practitioner employed by the Director of Public Prosecutions, usually representing the state in indictable offences
98
Define Police Prosecutors
Is a NSW Police Officer trained in prosecution – usually for summary offences
99
Define Prosecution
Legal representative who brings a criminal case to the court on behalf of the state (Cth or NSW)
100
Define Public Defendant
A barrister or solicitor provided for individuals who cannot afford to employ their own legal council
101
Define Solicitor
Legal representative who represents either the prosecution or the accused in Local Court
102
Define Plea
A formal statement by the accused before a trial goes to court claiming guilty or not guilty
103
Define Charge Negotiation
Where accused is given a reduced sentence or a lesser charge in exchange for pleading guilty
104
Define Means Test
A test whether the case is likely to succeed
105
Define Merit Test
A test whether the case is likely to succeed
106
Define Beyond Reasonable Doubt
Meaning the evidence is airtight and there is no doubt of its reliability & relevance
107
Define Burden of Proof (onus)
This means who has the responsibility of proving guilt
108
Define Balance of Probabilities
That determines income, assets & if they can afford a lawyer
109
Define Hearsay Evidence
i.e. evidence someone heard someone else say, witnesses need to be directly observed
110
Define Real Evidence
i.e. evidence that can be shown to the jury during the trial
111
Define Documentary Evidence
Original documents acquired during the investigation
112
Define Witness Evidence
Someone who witnessed the crime or witnessed something leading up to/after the crime
113
Define Expert Witness
Someone who has specialised knowledge relating to the case e.g. psychiatrist, forensic scientists, etc.
114
Define Complete Defence
Type of defence that can result in the accused having all charges being dropped and no conviction
115
Define Partial Defence
Type of defence that can result in a reduced charge or sentence
116
Define Jury
Panel of random citizens from the electoral role whose job it is to decide whether or not an accused is guilty
117
Define Verdict
The decision made by the jury determining not/guilty
118
Define Challenges for Cause
Challenges based on the person not being qualified to serve on a jury
119
Define Mandatory Sentences
In some types of crimes statute law has been put in place that means the judge can’t come to their own sentence verdict, they must follow the sentence specified in the law
120
Define Specific Deterrence
Which aims to dissuade the offender from committing further crime
121
Define General Deterrence
Which aims to dissuade others, who have been made aware of the punishment inflicted upon the offender, from committing crime
122
Define Aggravating Factor
A circumstance that makes the offence more serious; it can lead to an increased sentence
123
Define Mitigating Factor
A circumstance that makes the offence less severe; it can lead to a reduced sentence
Subjective Factors – Factors to do with the state of mind of the victim or the offender
124
Define Subjective Factors
Factors to do with the state of mind of the victim or the offender
125
Define Objective Factors
Factors to do with the circumstances of the crime
126
Define Victim Impact Statement
Statement written by the victim or victim’s family about the impact the crime has had on them, heard at the time of sentencing
127
Define Appeal
Is to request for a case to be considered again in a higher-level court
128
Define Appellant
The party who is appealing the case
129
Define Appeal Against Conviction
An appeal where the defendant argues that they did not commit the offence of which they were found guilty
130
Define Sentence Appeal
Appeal against the severity or leniency of a sentence
131
Define Circle Sentencing
A form of sentencing available for Indigenous Australians that involves a circle of community elders deciding on the punishment appropriate to the individual
132
Define Restorative Justice
A form of sentencing where the victim and offender meet to communicate their perspectives
133
Define Customary Law
Laws relating to a certain culture/society that are not written in any official legal document but are rather traditional practices that have been followed
134
Define Security Classification
How dangerous the offender is deemed based on their convicted crime
135
Define Parole
The conditional release of a prisoner from custody after the completion of the minimum term of the sentence
136
Define Post-sentence Preventative Detention
Occurs when a person has already been sentenced and has served that sentence
137
Define Preventative Detention Without Charge
Can occur at any time
138
Define Juvenile Justice
The area of law and policy concerned with young people
139
Define Doli Incapax
Latin term meaning ‘incapable of wrong/criminal intent’ – idea that children under a certain age can’t be held legally responsible and therefore can’t be guilty of an offence
140
Define Conclusive Presumption
Legal presumption favouring one party that is final (conclusive) but CANNOT be rebutted by other party
141
Define Right to Silence
Right of a person to refuse to answer any question on grounds that they may incriminate themselves
142
Define Interview Friend
A parent, guardian, friend or legal representative present at police interview (for support & as witness that statements are made voluntarily
143
Define Caution
Statement issued informing suspect of rights when detained
144
Define Committal Proceedings
Held to determine whether, in the case of more serious criminal offences, there is sufficient, evidence to require the defendant to stand trial
