LEGAL STUDIES AND CRIMINAL BEHAVIOUR

Question 1

what is a criminal?

Answer 1

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

Question 2

what is criminal behaviour?

Answer 2

criminal behaviour refers to conduct of an offender that leaders to the commission of an unlawful act

Question 3

what is a summary offence?

Answer 3

a minor criminal offence that is generally handled in lower-level courts and do not involve a trial by jury. instead a judge or magistrate presides over the case and makes a decision based on the evidence presented

Question 4

what is an indictable offence?

Answer 4

a serious criminal offence that involves higher levels of harm or violence and carry more significant penalties upon conviction. indictable offences are generally tried in higher-level courts and may involve a trial by jury.

Question 5

what is criminal law?

Answer 5

criminal law is a branch of law that deals with offences committed against society as a whole, or a ‘crime against the state’

Question 6

what is burden of proof?

Answer 6

the burden of proof is which legal party is obliged to prove the guilt or innocence of the accused.

Question 7

what is the standard of proof?

Answer 7

the standard of proof is the level of evidence needed to convict someone of a crime

Question 8

what is presumption of innocence?

Answer 8

it is a guarantee to a person accused of a crime that they are considered to be innocent until proven guilty

Question 9

what are 3 examples of biological factors that influence criminal behaviour?

Answer 9

low IQ, high impulsiveness and personality disorder

Question 10

what are 3 examples of adverse childhood experiences that can influence criminal behaviour?

Answer 10

neglect, abuse and criminal family members

Question 11

what are 3 examples of negative social environments that can influence criminal behaviour?

Answer 11

high crime neighbourhood, poverty and gang culture

Question 12

what are 3 examples of how substance abuse can influence criminal behaviour?

Answer 12

lowering inhibitions, over-exciting the nervous system and crime can finance a drug habit

Question 13

what does having the ‘right to remain silent’ mean?

Answer 13

you do not have to answer questions that may incriminate you

Question 14

if a police officer asks you to accompany them to the police station for questioning, there is no obligation to go unless…

Answer 14

• you are under arrest
• asked to take a breathalyser test - police believe you should be placed in their protection

Question 15

what are police entitled to if they believe you have committed or are in the process of committing an indictable or summary offence?

Answer 15

your name and address

Question 16

if you have been arrested police must allow you to telephone a lawyer to get advice and you can also telephone a friend or family member. You will be able to do this in private unless police believe…

Answer 16

• you may be warning another person involved in a crime
• evidence may be lost or interfered with
• other people might be endangered
• you are involved in a drink-driving matter.

Question 17

The police can tell you to move on from a public place if they reasonably believe that you are…

Answer 17

• breaching the peace
• putting another person in danger
• likely to injure someone or damage property
• likely to be a risk to public safety

Question 18

what are examples of key forensic procedures?

Answer 18

• crime scene investigation
• evidence collection and preservation
• forensic analysis
• chain of custody
• laboratory analysis
• expert testimony

Question 19

what are the two main types of forensic samples?

Answer 19

non-intimate: hair sample, matter from under fingernail, external body swabs
intimate: blood sample, pubic hair, scrapping from the mouth, genital swab

Question 20

what is the definition of forensic procedures?

Answer 20

the systematic methods and processes used in forensic science to collect, analyse and interpret evidence in order to assist in investigations and legal proceedings

Question 21

what is a victim?

Answer 21

someone who has suffered injury as a direct result of a criminal offence, whether or not that injury was foreseeable by the offender

Question 22

what is a witness?

Answer 22

a witness of sexual offences, family violence or obscene, indecent and threatening language or behaviour in public can be considered a victim

Question 23

what is a sentence?

Answer 23

the penalty given to a person who is convicted of a crime. it is ordered by a judge based on a verdict of the jury and is decided within the possible punishments set by state law

Question 24

what is an aggravating factor?

Answer 24

circumstances about the offence that increase the offender’s culpability (level of responsibility or blame) and therefore increase the sentence

Question 25

what is a mitigating factor?

Answer 25

factors that can lessen the offender’s culpability and reduce the sentence imposed on them