I have no idea but term 1

Question 1

define:
norms
rules
laws

Answer 1

norms- socially acceptable habits - e.g waiting in a queue
rules- have been specifically stated and regulate our lives in a more formal way than norms
laws- formal legal rules that are made by the government designed to govern people’s behaviour so that society can function properly

Question 2

what is the rule of law

Answer 2

The ‘rule of law’ is the principle that both the government and citizens know the law and are ruled by it. This means that the law applies to everyone, regardless of their position or status.

Question 3

for the rule of law to operate effectively what key aspects must be evident?

Answer 3

laws must be clear
must be accepted by all citizens
must be known
must be seen to be applied fairly

Question 4

name characteristics of an effective law

Answer 4

law must be known and understood
must be able to adapt to change
must be stable and consistent- applied fairly to all
must be enforceable

Question 5

what are just and equitable outcomes- THIS WILL BE ON EXAM LIKE YOU MIGHT HAVE TO SAY OUTCOME IS BALANCED BECAUSE OF THIS REASON.

Answer 5

just outcomes refers to what is legallyright, or what is fair and lawfulin all circumstances.
Equitable means even and impartial. The balance between rule of law and rights and freedoms of individuals. It is impartial outcome where statute law is silent.

Question 6

what are the 3 powers that exist as a result of the Australian Constitution?

Answer 6

Exclusive, concurrent and residual

Question 7

few things parliament consists of are- describe them
the crown
house of representatives( lower house)
senate(upper house)

Answer 7

CROWN- the queen represented by the governor- general appointed by the Prime Minister every five years
HOUSE OF REP- 150 aus citizens and its major functions are to represent interests of their constituents and to introduce, debate and then pass or reject proposed laws
SENATE- 76 senators. each 6 states elect 12 while territories elect 2 each. major function:
-each state is represented in equal numbers of members regardless of size of state so that it protects interest of smaller states.
-the senate reviews bills sent to them by house of representatives, they cannot amend it but can reject it
- they make sure ministers of government and their departments are made accountable by making sure the government is doing their job properly in areas like education, social welfare

Question 8

who is the queen’s representative in queensland
how many representatives elected to the legislative assembly(lower house) of state parliament

Answer 8

each aus state and territory has its own independent parliament which makes decisions about how it is run.
in Queensland there are 89 representatives
and the queens representative is the governer

Question 9

who is the queen’s representative in Queensland
how many representatives elected to the legislative assembly(lower house) of state parliament

Answer 9

each aus state and territory has its own independent parliament which makes decisions about how it is run.
in Queensland there are 89 representatives
and the queens representative is the governer

Question 10

what is the role of governor general

Answer 10

it includes opening and closing parliament and giving royal assent to legislation that has passed through parliament. they also hold reserve powers that may be exercised during parliamentary crisis.

Question 11

Sources of common law:
what is a judicial precedent

Answer 11

it means judges are obliged to follow the decision of earlier cases in higher courts when factual circumstances are essentially the same.
purpose is to enable judges to decide cases with similar facts in a manner.

Question 12

what is original jurisdiction and what is appellate jurisdiction?

Answer 12

• Original jurisdiction- are cases heard for the first time at the level in the court structure
• Appellate jurisdiction- cases bought an appeal from a lower court in the hierarchy
• High court of Australia can over-rule itself in a later case as can the court of appeal in Queensland. Both these courts can change principles of law which they have previously decided by overturning the decision.

Question 13

the definition of crime comprises of three key processes or links in the chain of our criminal justice system. WHAT ARE THEY?

Answer 13

Topic 2: The criminal investigation process ‘usually brought by the State’.
Topic 3: The criminal trial process (‘a judicial proceeding’). Topic 4: Punishment or sentencing ‘prescribed by law’.
Topic 4: Punishment or sentencing ‘prescribed by law’.

Question 14

What is the onus of proof and the standard of proof

Answer 14

Onus of proof is the prosecutions’ responsibility to prove to the jury, the magistrate that the offence has been committed.

Standard of proof is when beyond reasonable doubt. It is not necessary for the prosecution to prove conclusively that the accused is guilty.

Question 15

if someone was being charged for manslaughter what is the standard of proof that a court would have to use

Answer 15

beyond reasonable doubt

Question 16

If you were in a civil court and defamed someone who was famous? what is standard/onus of proof?

Answer 16

Balance of probabilities

Question 17

If you were in a civil court and defamed someone who was famous? what is standard/onus of proof?

Answer 17

Balance of probabilities

Question 18

what is the purpose of criminal law

Answer 18

Purpose of criminal law is to uphold the rule of law made by parliaments and interpreted by our courts in order to achieve justice and equity for the parties and other stakeholders to whom the law applies.

Question 19

what are the three key processes of criminal justice system are-

Answer 19

– The criminal investigation process
– The criminal trial process ‘a judicial proceeding’; and
– Punishment or sentencing ‘prescribed by law’.

Question 20

what is the difference between a adversarial system and an inquisitorial system

Answer 20

In adversarial systems- the trial consists of a contest between two parties in dispute. Each side puts forward its own version of facts and tests the opposing side’s version of the facts.
In an inquisitorial system- the trial is presided over by a judge whose job is to question the accused, gather the evidence and then decide the truth.

Question 21

What constitutes criminal behaviour?

Answer 21

Criminal behaviour refers to a behaviour of a lawbreaker which leads to and including the commission of an illicit act.
laws outline the acts or omissions that have been prohibited by statute law and are punishable by the state.
* Act – something that is done
* Omission – failure to do something that is expected
* Guilty mind = criminal responsibility
* Crimes harm all of society - behaviour that breaks a law offends against all of society – called an ‘offence’

Question 22

name the main stakeholders in an investigation

Answer 22

 the victim – a person who has suffered a loss (physical, emotional or economic) due to the actions or omissions of another
 the accused – a person who is charged and on trial for a crime but who has not yet been found guilty
 a suspect – a person who is thought to have committed a crime and is being investigated
 a witness – a person who has seen or heard information relevant to an alleged crime
 the offender – a person who has broken the law

Question 23

what are police discretionary powers

Answer 23

the power afforded to police to make decisions based upon what seems to be the most appropriate action in the circumstances
 This may include decisions regarding:
 what areas to patrol
 what crimes to target
 what reports to investigate
 what offences to pursue
 implementing the criminal investigation process
 which behaviours for which to file charges, or which crimes or situations warrant the issue of a warning
Police then need to determine if there is sufficient evidence in the light of every element of the offence to charge somebody with that offence.

Question 24

what is the difference between criminal offences and regulatory offences?

Answer 24

criminal offences comprise of crimes, misdemeanours and simple offences. they are indictable offences which means that the offenders cannot unless otherwise expressly stated be prosecuted or convicted except upon indictment.

 Regulatory offences are set out in the Regulatory Offences Act 1985 (Qld) and must be finalised in the Magistrates Court
 All regulatory offences carry fines as their maximum penalty. For example, stealing something valued at $150 or less from a shop or leaving a restaurant without paying the bill of less than $150 is a regulatory offence

Question 25

Criminal offences are predominantly covered in the Queensland Criminal Code Act 1899 and can be divided further into summary offences and indictable offences. define the difference between summary and indictable offences.

Answer 25

 Summary offences - also known as simple offences - matters that are tried by a magistrate; usually less serious offences, such as traffic offences and minor crimes - no right to have a trial by jury
 Indictable offences - more serious crimes and misdemeanours, which require a trial by judge and jury - include murder, rape, robbery, serious assault, and break and enter
 Those charged with an indictable offence who choose to plead ‘not guilty’ are entitled to the right to presumption of innocence and a fair trial

Question 26

 To prove that the accused has committed the crimes with which they are charged, the prosecution (the party who presents and argues the case on behalf of the Crown against the accused) will need to show, in court through evidence, that the person physically committed the act beyond reasonable doubt, and in some crimes they must also show the intent of the offender to commit the act.
Define what is actus reus and mens rea?

Answer 26

 criminal act (actus reus) the physical performance of a crime (guilty act)
 criminal intent (mens rea) a person’s mental state and awareness of the fact that their conduct is criminal

Question 27

All crimes can be classified into a type of offence, including:?

Answer 27

 offences against the person
 offences against property and
 other offences.
Other offences - generally offences detected by the police rather than being reported by the public – for example, public order offences, motor vehicle offences and drug offences

Question 28

define following terms:
elements of an offence-
strict liability-
defence-
pubnisment-

Answer 28

 Elements of an offence - the facts of an offence that must be proven to find the offender guilty
 Strict liability - offences where only the criminal action (actus reus) needs to be proved, eg speeding offences do not require the police or prosecution to prove that the offender intended to speed.
 Strict liability for these minor offences puts a greater onus on society to comply with the laws, lowers the level of proof required for criminal conviction and assists the criminal justice system to cope with the volume of minor offences
 Defence - the claims of the defendant in opposition to complaints against them; the party who presents and argues the case on behalf of the accused or the defendant
 Punishment - financial loss, confinement or another penalty imposed for wrongdoing

Question 29

what is the right of silence? what is no adverse inference? and when does right of silence not apply?

Answer 29

A person is not required by law to answer any other questions police officers ask them, as they may be incriminating themselves by doing so
 There is an absolute right to silence at the police questioning stage of an investigation in all Australian states
 No adverse inference – the fact that an alleged offender does not answer questions put to them by the police is not allowed to be raised later in a trial
When right to silence does not apply
 The Australian Security Intelligence Organisation Act 1979 (Cth) (ASIO Act), provides that national security and counter-terrorism come under a different system, whereby the right to silence does not apply
 The Australian Government can legally detain a suspect for questioning for up to seven days in secret, with no right to silence and no access to a lawyer if they consider it is for the purpose of gathering information about a terrorist offence
 Although these powers clearly undermine the fundamental underpinnings of our democratic society and the rule of law – such as the right to silence; the right to an attorney; the right to a fair trial; freedom from arbitrary detention, torture or cruel, inhuman or degrading treatment or punishment; and the right to liberty – they were considered necessary in a time of public emergency to prevent terrorist attacks
 Since these powers were established, they have only been used once

Question 30

what can stealing be defined as

Answer 30

Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the things stolen or to prevent or overcome resistance to it being stolen is said to be guilty of robbery.

Question 31

what is role of Queensland Police Service
just outline what all they do

Answer 31

responsible for investigating reports of alleged crimes and enforcing criminal law in Queensland.
o Part of the executive arm of government and are given special powers separate from the legislative and judicial powers.
 Police granted special powers beyond those of ordinary citizens to ensure they have lawful authority so that evidence collected is lawful and can be relied on (admissible) in a trial.

Question 32

difference between indictable offences and non inidictable offences

Answer 32

indictable offences:
crimes, misdemeanours, tried in District and Supreme courts before a judge and jury, No time limit for prosecution for offence
Non indictable offences:
Simple Offences, Tried in a magistrates court
without a jury, Complaint must be made within one year

Question 33

Things capable of being stolen’

Answer 33

 any inanimate thing which is movable or capable of being made movable.
 a tame animal (except pigeons)
 oysters in an oyster bed
‘With fraudulent intent’ is described in s 391(2) and includes:
 an intent to permanently deprive the owner of the thing.
an intent to deal with it in such a manner that it cannot be returned in its original condition.

Question 34

what is no adverse inference

Answer 34

the fact that an alleged offender does not answer questions put to them by the police is not allowed to be raised later in a trial.

Question 35

When does right to silence does not apply

Answer 35

 The Australian Security Intelligence Organisation Act 1979 (Cth) (ASIO Act), provides that national security and counter-terrorism come under a different system, whereby the right to silence does not apply
 The Australian Government can legally detain a suspect for questioning for up to seven days in secret, with no right to silence and no access to a lawyer if they consider it is for the purpose of gathering information about a terrorist offence
 Although these powers clearly undermine the fundamental underpinnings of our democratic society and the rule of law – such as the right to silence; the right to an attorney; the right to a fair trial; freedom from arbitrary detention, torture or cruel, inhuman or degrading treatment or punishment; and the right to liberty – they were considered necessary in a time of public emergency to prevent terrorist attacks
 Since these powers were established, they have only been used once

Question 36

Rights and responsibilities during searches:

Answer 36

 Usually police officer must be of the same sex as the person being searched.
 If no police officer of the same sex available, then the police officer may direct another person of the same sex (for example, a doctor) to conduct the search.
 The police officer must ensure that the search is carried out in a manner that respects the dignity of the person and causes minimal embarrassment.
 A search in public must be restricted to a ‘pat-down’ search of the outer clothing. Any more thorough search must be conducted ‘out of public view’ - at a police station if there is one nearby, or in a private room in some other establishment.
 Under some circumstances it may be necessary to complete an immediate, thorough search of an individual and if no one else is available a police officer of the opposite sex to the person being searched may conduct the search. eg when the police officer has a reasonable suspicion that the person to be searched may have a bomb strapped to their body or has a concealed firearm or knife
 Reasonable suspicion - facts that would cause a reasonably minded person to conclude something – this may be an incorrect suspicion, but it must be a reasonable one

Question 37

Search warrants rules:

Answer 37

 Usually, police officers will need a warrant to be able to search a place.
 The warrant will state the place that is to be searched and the item for which the police are searching, and will also state the reason for the search.
 The police are also given a timeframe in the warrant stating by when the search must be conducted.
 The Police Powers and Responsibilities Act 2000 (Qld) sets out certain circumstances under which such a search without a warrant may be necessary, such as the search of a car, public place or private property - including where police reasonably believe a person may harm themselves or others, or when they reasonably suspect there are unlawful weapons, drugs or stolen property on the premises.

Question 38

Rights and responsibilities during arrest:

Answer 38

• The police officer’s responsibility, as soon as is reasonably practicable, is to tell the arrested person the nature of the offence for which they have been arrested
• Name, rank and station of the arresting officer, must be given in writing, before being released from police custody (if they are released from custody): s391 of the Police Powers and Responsibilities Act 2000 (Qld)

Question 39

Arrest warrants - explain

Answer 39

 A police officer can apply for a warrant (a court document that directs a law enforcement officer to arrest a person and bring them to court) for a person’s arrest
 A judge, magistrate or justice of the peace (JP) may issue a warrant if they reasonably believe that the person for whom the warrant will be issued has committed an offence
 Section 372 of the Police Powers and Responsibilities Act 2000 (Qld) - warrant contains the rank, registered number and station of the officer applying for the warrant, as well as the offence the person is alleged to have committed
 Section 365 of the Police Powers and Responsibilities Act 2000 (Qld) - an adult can be arrested without a warrant if the police officer reasonably suspects the person has committed or is committing an offence and one of the prescribed circumstances exists

Question 40

what is detention explain

Answer 40

 Section 403 of the Police Powers and Responsibilities Act 2000 (Qld) - police may detain a suspect for questioning relating to an indictable offence for a reasonable period of time – generally no more than eight hours
 This may be extended by a magistrate if the offence is a very serious one or if more than one offence has been committed and the police require more time to interview the suspect

Question 41

define:
 Direct and Circumstantial (Indirect) Evidence
 Circumstantial evidence

Answer 41

Direct evidence - tends to prove a fact directly – eg when the witness testifies about something which that witness personally saw or heard
 Circumstantial evidence - evidence that can be relied upon not as proving a fact directly, but instead pointing to its existence. It requires that an inference be made about the likelihood of the scenarios being presented
 Both direct and circumstantial evidence must be considered by the jury
 For the jury to come to a verdict of guilty based entirely or substantially upon circumstantial evidence, it is necessary that guilt should not only be a rational inference but also that it should be the only rational inference that could be drawn from the circumstances.

Question 42

DNA (Deoxyribonucleic Acid) Evidence- explain

Answer 42

 A person’s DNA is unique and can help identify that a victim or a suspect was present at a crime scene.
 Any part of the body can provide DNA evidence including hair, skin, saliva and blood.
 Scientific analysis can determine if DNA in evidence matches the DNA of a suspect. It can also be used to prove a suspect did NOT commit a crime and someone else did.
Re-examination of evidence in old cases that show that DNA of the convicted does not match evidence can result in pardons being granted.

Question 43

Collecting dna: explain briefly like the process and stuff

Answer 43

 Police can collect with consent, by court order or with permission of a senior police office
 A DNA sample may be taken by an authorised police officer, doctor or nurse using a mouth swab or by collecting hair
 DNA will be destroyed if arrest does not proceed to charge being laid or court finds accused not guilty
 DNA samples will not be destroyed if accused is investigated or charged with another serious offence or is unfit for trial due to mental illness

Question 44

DNA databases:

Answer 44

 Samples collected from crime scenes, convicted offenders, suspects, items belonging to missing persons and unknown deceased persons
 If sample was provided with consent as an unlimited sample it will be analysed and remain on the NCIDD
 DNA will be destroyed within 12 months if person found not guilty or police decide not to proceed with the case

Question 45

IMPORTANT- WHAT IS METADATA AND WHY IS IT COLLECTTED

Answer 45

Simply defined, metadata is the summary and the description about data that is used to classify, organize, label, and understand data, making sorting and searching for data much easier. It is collected because without it, companies can’t manage the huge amounts of data created and collected across an enterprise.

Question 46

METADATA - LIKE EXPLAIN ALL ABOUT IT
hint- why is it useful
what can it do
how is it beneficial

Answer 46

2. metadata is extremely useful for authenticating evidence because it often shows the author and creation date for files. Commonly used computer metadata evidence includes: Files: Creation date, deletion date, author, edit history. Software Applications: Install and uninstall dates.
3. Metadata can reveal where you work, live, who you visit, who you communicate with and potentially reveal your plans by exposing websites you access. Australian law considers metadata less important than “content”.

Metadata can be hugely beneficial to legal professionals to paint a digital timeline of events. Critical information revealed by metadata can consist of author identity, file date creation and previous access to the file. Metadata can often count as substantial evidence in modern cases. As it attaches itself to all electronic files, it leaves information that can be cross-referenced with a claim or defence. Furthermore, metadata is extremely useful for authenticating evidence because it often shows the author and creation date for files.

Question 47

Juveniles and criminal law:

Answer 47

 Schedule 1 of the Youth Justice Act 1992 (Qld) states that children should only be detained as a last resort, and that if they do have to be detained, they should only be held in a facility that is suitable for children.
 The courts, wherever possible and in accordance with the principles of the Youth Justice Act 1992 (Qld), try to ensure that children are not detained in custody unless they have an extensive criminal history or have committed a very serious or very violent offence.
 Matters involving children are most often heard by the Children’s Court, in which a magistrate hears and decides the case.
 The Children’s Court is closed, which means that the general public cannot enter and view the proceedings.
 Juvenile offenders are generally protected from publicity and cannot be named in the media; this is to protect their reputation and so they are less likely to see themselves as criminal heroes.
 Section 234 of the Youth Justice Act 1992 (Qld) sets out circumstances in which a court may allow the publication of identifying information of juvenile offenders who have committed a very serious offence.

Question 48

what is Criminal negligence

Answer 48

when the homicide was the result of an act that showed wanton or reckless disregard for the lives of others.)
* It will need to be established that the accused had no intention of causing death

Question 49

define:
assault
common assault
assault causing bodily harm
serious assault
grievous bodily harm

Answer 49

Assault- The unlawful, intentional threat of force or infliction of injury on another person
Common Assault
Threats of violence or where violence was inflicted upon the victim but where very little if any damage was sustained by them
Assault causing bodily harm
Infliction of actual person violence that causes actual bodily harm to the victim. Prosecution would have to show evidence of actual harm suffered by the victim
Serious Assault
Threat or infliction of personal violence where the victim is a police office, over 60, relies on a wheelchair, guide dog , prisoner assaulting a correctional services officer
Grievous bodily harm
Inflicting injury on another person of a very serious nature and leads to loss of body part, organ or serious disfigurement

Question 50

define ‘’sexual assault’’
rape
carnal knowledge of a child

Answer 50

In Australia, rape is defined in gender-neutral terms as the penetration of the vagina, anus or mouth without consent. In all Australian states and territories, it includes penetration with the use of any body part or object.
The person giving the consent must have cognitive capacity to give consent.
Indecent treatment of a child under 16
Unlawfully and indecently dealing with a child under the age of 16yrs or wilfully exposing a child under 16 to an indecent act, film or other indecent matter.
Carnal knowledge of a child
Having or attempting to have sexual intercourse with a child under the age of 16.

‘’sexual assault’’ refers to an indecent assault that does not involve penetration and is therefore treated differently to rape.

Question 51

Define- offences against property edition
stealing/theft
robbery
burglary
arson
intellectual property

Answer 51

STEALING/THEFT
* Fraudulently taking the property of another with an intent to permanently deprive the owner of the item.
* ROBBERY
* Stealing something when directly before, during or directly after the stealing threatening or using actual violence to obtain the stolen items or to overcome resistance to it being stolen.
* BURGLARY
* Entering a dwelling with the intent to commit an indictable offence.
Arson- Willfully and unlawfully setting fire to things such as buildings, vehicles, aircraft etc
INTELLECTUAL PROPERTY
* stealing other peoples work

Question 52

define
Juvenile delinquency
- Trafficking

Answer 52

• Trafficking- running a business that sells drugs commercially
  Juvenile delinquency- participation by a minor child, usually between the ages of 10 and `7, in illegal behaviour or activities.

Question 53

what are public order offences

Answer 53

• Being a public nuisance- behaving in an offensive manner, threating, obscene, abusive language.
• Wilful exposure of persons genitals in a public place
• Being drunk in public place
• Begging
• Selling spray paint to minors
• Piercing body parts/tattooing minors
• Throwing things at sporting events
• Publishing false advertisements on births, deaths and messages
• Sale of potentially harmful things

Question 54

what are other offences

Answer 54

• Drugs, prostituition, liqor, gaming/betting offences, weapons, traffic and related offense, trespassing and vagrancy
• Possession- having actual physical control of dangerous drug
• Max penalty- 25 yra
• Producing- to offer, prepare or to actually manufacture, cultivate
• Supplying- to offer, distribute, sell, administer