Legal 1.1 (criminal behaviour) Flashcards
What is a criminal?
An individual found guilty of commission of conduct that causes social harm and punishable by law
Define criminal behaviour
Conduct of an offender that leads to commission of an unlawful act
Summary offence
Less serious/minor criminal offence where the judge in the Magistrate’s court decides guilt
Examples of summary offences
disorderly conduct, trespass, minor theft
Indictable offence
A serious criminal offence normally heard in the County or Supreme court with severe punishments. The jury decides guilt.
An indictable offence usually involves ___ of ____ penalties
high levels of harm or violence, more serious penalties
Criminal law (define)
Branch of law dealing with offences committed against society as a whole, or crimes against the state.
Burden of proof
The party which is legally obliged to present evidence
Standard of proof
The strength/level of evidence required to convict someone of a crime
How is the presumption of innocence upheld?
- crimes acted on free will
- police reasonably believe person has committed crime before arrest
- right to legal representation in court
- previous conviction not revealed in court until sentencing process begins
- right to silence
- right to appeal
what are the 4 influences of criminal behaviour?
- Biological factors
- Adverse childhood experiences
- Negative social environment
- Substance abuse
What are the 3 biological factors influencing criminal behaviour?
- Low IQ
- High impulsiveness
- Personality disorders
Low IQ
- consequences not thought out
- reactive to threats + stressors
- life of crime to survive
High Impulsiveness
Low self-control contributing to criminal behaviour
Personality disorders
- Unhealthy, inflexible behaviour
- difficulty dealing with everyday stresses and problems
