Legal Studies

Question 1

criminal

Answer 1

an individual who has been found guilty of the commission of conduct that causes social harm & is punishable by law

Question 2

criminal behaviour

Answer 2

conduct of an offender that leads to commission of an unlawful act

Question 3

summary offence

Answer 3

a minor criminal offence generally handled in lower level courts WITHOUT a jury

Question 4

indictable offense

Answer 4

serious criminal offence with a jury

Question 5

criminal law

Answer 5

branch of law dealing with offences committed against society (crimes against the state)

Question 6

burden of proof

Answer 6

the prosecution (legal party providing evidence)

Question 7

standard of proof

Answer 7

beyond reasonable doubt

Question 8

presumption of innocence

Answer 8

innocent until proven guilty

Question 9

what rights do offenders have?

Answer 9

bail, legal representation, silence and appealing

Question 10

what influences criminal behaviour?

Answer 10

biological factors, adverse childhood experiences, negative social environment and substance abuse

Question 11

what to do when you’re giving a statement

Answer 11

1. make sure what crime is being asked about
2. always ask for a statement copy
3. can contact a lawyer
4. you cannot be forced to make a statement

Question 12

what to do when police arrest you

Answer 12

you have to go to the station (since ur under arrest)

Question 13

when are arrests made and by who?

Answer 13

when there is suspicion of a law being broken, citizens and police can all arrest

Question 14

what happens when you’re being taken into custody?

Answer 14

police must allow you to call a lawyer and a family/friend

Question 15

who can ask you to move along?

Answer 15

police and POS

Question 16

forensic procedures

Answer 16

the systematic methods used in forensic sciences to collect and analyse evidence to help investigations

Question 17

examples of forensic procedures

Answer 17

crime scene investigation, evidence collection, forensic analysis, chain of custody, expert testimony

Question 18

intimate sample

Answer 18

blood – can say no, unless there’s a court order

Question 19

non-intimate sample

Answer 19

hair – cannot say no, 15+

Question 20

sanction

Answer 20

penalty (punishment)

Question 21

the sentencing act 1991

Answer 21

sets a range of sentencing options with varying sanctions
basically a guide on sanctions

Question 22

fines

Answer 22

monetary penalty, imposed in ADDITION to another sent4ence

Question 23

community correction order

Answer 23

community service

Question 24

imprisonment

Answer 24

self explanatory

Question 25

aggravating factors

Answer 25

increases sentencing
ex. use of violence, motives…

Question 26

mitigating factors

Answer 26

helping offenders
ex. self defence, provocation…

Question 27

victim impact statement

Answer 27

can be used as an aggravating factor, but generally not evidence