Exam study Flashcards

2
Q

Culture

A

Influence on human behaviour, acceptance by individuals of norms and values within a group or organisation.

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3
Q

Preference

A

Selecting someone over someone else.

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4
Q

Prejudice

A

Negative judgement not based on fact.

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5
Q

Stereotyping

A

that all people within a specific group are the same.

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6
Q

Ethnic based Descriptors

A
  • Aboriginal appearance
  • Caucasian appearance
  • African appearance
    Etc..DO NOT USE:
  • Australian appearance
  • Ethnic appearance
  • Black appearance
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7
Q

Conflict between young people and police is structured through three broad influences

A
  • Social background of the young people - unemployed, poor community networks, peer pressure, uneducated, etc
  • Constriction of social space - The planning, and design of urban space has favoured commercial activity
  • Political and occupational pressure - on the police to be seen to be doing their duty and protecting the public
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8
Q

Causes of crime

A
F  amily factors 
S  chool performance
T  ruancy
U  nemployment
D  elinquent peers
S  ubstance abuse
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9
Q

Discrimination

A

Prejudices may lead to this, failure to treat equal.

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10
Q

Proximate causes

A

Those that immediately precede criminal behaviour. i.e. alcohol or substance abuse, peer pressure.

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11
Q

Five groups at risk of coming under police notice

A
M  entally ill
I  ndigenous people
D  emonstrators
D  rug/alcohol Affected
Y  oung Person
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12
Q

Measures which could enhance between authority and young people.

A

R espect of the rights
A ttitude of conciliation
C ommunicate directly
E stablish empathy.

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13
Q

Distal causes

A

Are situated away from the point of crime. i.e. poverty, poor parenting, unemployment.

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14
Q

Peels Principles

A

Peel suggested that the test of police efficiency is the absence of crime and
disorder.

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15
Q

Negative aspects of police culture

A
Corruption
Code of silence
Isolation from society
Stress and anxiety
Alcohol and/or drug dependence
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16
Q

Primary goal of police

A

Keep the peace and uphold law

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17
Q

What is discretion?

A

Acting according to your own judgement wherever your authority leaves you free to do so.

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18
Q

Risk

A

The likelihood of something happening

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19
Q

Characteristics that can be related to vulnerability

A
M ental illness
A ge
R ace
G ender
E thnicity
S exuality
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20
Q

Ways of changing police culture

A
  • Recruitment
  • Training
  • raise the standard of education
  • Community Policing
  • community and police interaction
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21
Q

Characteristics that can be related to vulnerability

A
Mental illness
Age
Race
Gender
Ethnicity
Sexuality
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22
Q

Vulnerable are defined as:

A
Child
Impaired intellectual functioning
Impaired physical functioning
Aboriginal or Torres Strait IslanderP
erson of a non-English speaking background
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23
Q

Distinction between Mental Disorder and Mentally Ill.

A

Mental disorder is usually short term, and is brought on by external factors
and can‟t be diagnosed.
Mentally Ill - ARE TREATABLE, long term, due to a person’s emotional state and can be treated.

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24
Q

Intellectual disabilities

A

I Q scores below 70 points
F unctional deficits in some form of living skills
E arly age of onset, early childhood or birth.
P oor grasp of the consequences
S ocial ineptness/skills

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25
Q

MOU three key stake holders

A

NSW Health
Ambulance
Police

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26
Q

Section 22

A
  • If the person has committed an offence
  • Attempt to kill themselves.
  • Attempt to kill someone
  • Attempt to Harm someone
  • Attempt to harm themselves
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27
Q

Distinction between Mental Disorder and Mentally Ill.

A

Mental disorder may be temporary - a disturbance brought about by a specific incident.
Mentally Ill - diagnosed medical condition.

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28
Q

Section 14

A

Mentally ill person: Reasonable grounds for believing that care, treatment or control of person is necessary:(a) persons own protection from serious harm(b) protection of others from serious harm

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29
Q

Section 15

A

Mentally Disordered:Reasonable grounds for believing that care, treatment or control of person is necessary:(a) persons own protection from serious harm(b) protection of others from serious harm

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30
Q

Definition of aboriginal person

A

Member of
Identifies as
Accepted by

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31
Q

ACLO and their role

A

Aboriginal community liaison officer.Liaison between NSWPF and aboriginals

32
Q

Definition of a Torres Strait Islander

A

Member of
Identifies as
Accepted by

33
Q

Arresting aboriginal people

A

S earch and remove any item.
C omplete the field arrest form and advise custody manager.
C ontact your nearest Aboriginal Legal Service
A sk if the person requires support person
R ecord who you contact, date, time.

34
Q

ALS and their role

A

Aboriginal Legal Service

Giving information and referral, and legal advice and court representation to Aboriginals and Torres Strait islanders.

35
Q

Objective test

A

independent view: The opinion of an imagined person who is not involved

36
Q

Knife

A

Includes a knife blade; or
a razor blade; or
any other blade

37
Q

Offensive implement

A

a) Made or adapted for use of causing injury

b) Anything intended, to be used to injure or menace a person or damage property.

38
Q

Offensive

A
Calculates to
Wound
Hurt
Outrage
Disgust
In the mind of a reasonable person
39
Q

Section 4 Summary Offences Act

A

Conducted themselves in an offensive manner

40
Q

Section 4a Summary Offences Act

A

Used offensive language

41
Q

Subjective test

A

Victims point of view: Their opinion of what happened

42
Q

Reasonable third person test

A

Someone who is not involved in the situation but if they watched or listened what happened would have an opinion about what occured

43
Q

Person of reasonable firmness

A

A person of average intelligence and ability - the test is what that person would consider reasonable in all of the circumstances.

44
Q

Wilfull

A

Consciously and intentionally

45
Q

Section 11B Summary Offences Act

A

Custody of offensive implement

46
Q

Section 4 Graffiti Control Act

A

Damaging and defacing property by means of graffiti implement. Intentionally

47
Q

Section 11C Summary Offences Act

A

Custody of knife

48
Q

Section 5 Graffiti Control Act

A

Possession of graffiti implement. With intention to use it.

49
Q

Section 7 Graffiti Control Act

A

Sale of spray paint cans to persons under 18

50
Q

Section 11D Summary Offences Act

A

Parents who allow children to carry knivesThe accused knowingly authorised or permitted the child to commit the offence.

51
Q

Section 11F Summary Offences Act

A

Sale of knives to children. The person who sold the knife.

52
Q

Assault

A

any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence.

53
Q

Battery

A

The actual infliction of unlawful force on another

54
Q

Section 11E Summary Offences Act

A

Wielding of a knife, used or carried a knife that is visible. with a person of reasonable firmness to fear for their life.

55
Q

Section 93B of the Crimes Act

A

Riot, where 12 or more persons who are present together use or threaten unlawful violence for a common purpose. Person or property
The accused used or threatened to use unlawful violence towards another person; and
- the conduct of the accused was such as would cause a person of
- reasonable firmness present at the scene to fear for his/her personal
safety
- a threat cannot be made by the use of words alone

56
Q

Common points of all offences

A

May be comitted in private as well as public places
Committed by persons involved in ‘authorised public assemblies
‘No person of reasonable firmness need actually be or likely present at the scene.

57
Q

Assault can include:

A

an unlawful arrestexcessive forcepointing an unloaded firearm or toy pistolusing a dog as a weaponnon-consenting kissspitting on a person

58
Q

Section 93c of the Crimes Act

A

Affray, where 12 people or less are present. a person must have used or threatened unlawful violence towards another person, so that a person of reasonable firmness fears for there safety.

59
Q

Section 61 of the Crimes Act

A

Assault, is any act by a person that intenally or recklessly causes another person to apprehend immediate unlawful violence. Physical force was used on a person and that the physical force was unlawful.

60
Q

Section 11A of the Summary Offences Act

A

Violent disorder, 3 or more intended to use or threatened violence, or was aware that their conduct may have been violent. Words alone do not constitute offence.

61
Q

Principal in the first degree

A

The person or persons who actually perform the criminal act.

62
Q

Principals in the second degree

A

A person who is present at the crime to assist or encourage the offender.

63
Q

Accesory before the fact

A

A person who encourages or helps in preparing for the commission of a crime but is not present at the crime.

64
Q

Accesory after the fact

A

A person who aids or conceals the principal offender after the crime has been committed to help the person avoid arrest or prosecution.

65
Q

Section 11 Summary Offences Act

A

Possession of alcohol by a minorPossess or consumePublic placeNo responsible adult

66
Q

Section 198 - LEPRA

A

Police may give a move on to an intoxicated person if they believe they are likely to cause injury, damage or are disorderly.

67
Q

Aid and abet

A

Used in minor indictable offences similar to accessory before the fact. To assist and encourage the commission of an offence.

68
Q

What factors increase the likelihood of someone obeying or breaking the law?

A
  • social position and inequality
  • opportunity
  • weak informal social controls
  • lax or insufficient law enforcement
69
Q

List some of the emerging crime trends that will shape police response in the 21st
century.

A
  • people smuggling
  • sex trade
  • weapons trade
  • body parts trade
70
Q

Section 81

A

Persons listed below may take a mentally ill or mentally disturbed person to or from a
mental health facility:
(a) a member of the NSW Health Service
(b) an ambulance officer
(c) a police officer
(d) a person prescribed by the regulations

71
Q

What are the key reasons as to why Indigenous people are over represented
in the criminal justice system?

A
C hild neglect
U nemployment
P oor schooling
S ubstance abuse
S ystemic bias
72
Q

6 aims of circle sentencing as an alternative to court sentencing

A

R educe recidivism
I nclude members of aboriginal communities
I ncrease the confidence of aboriginal communities
P rovide more appropriate sentencing options.
P rovide effective support to victims of offences
P rovide appropriate sentencing options

73
Q

Reason to be in possession of a knife

A
Persons occupation
Preparation or consumption of food
Lawful sport or recreation
Retail or other trade purposes
Exhibition of knife collectors
Wearing an official uniform
Genuine religious purposes
74
Q

The powers to deal with possession by minors of alcohol

A

11 (2) - police may seize liquor
11 (4) - doesn’t matter if person is underage of criminal liability
11 (5a) - police power to demand particulars
11 (5b) - offence failure to comply with