LEGAL STUDIES AND CRIMINAL BEHAVIOUR Flashcards
what is a criminal?
an individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law
what is criminal behaviour?
criminal behaviour refers to conduct of an offender that leaders to the commission of an unlawful act
what is a summary offence?
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
what is an indictable offence?
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.
what is criminal law?
criminal law is a branch of law that deals with offences committed against society as a whole, or a ‘crime against the state’
what is burden of proof?
the burden of proof is which legal party is obliged to prove the guilt or innocence of the accused.
what is the standard of proof?
the standard of proof is the level of evidence needed to convict someone of a crime
what is presumption of innocence?
it is a guarantee to a person accused of a crime that they are considered to be innocent until proven guilty
what are 3 examples of biological factors that influence criminal behaviour?
low IQ, high impulsiveness and personality disorder
what are 3 examples of adverse childhood experiences that can influence criminal behaviour?
neglect, abuse and criminal family members
what are 3 examples of negative social environments that can influence criminal behaviour?
high crime neighbourhood, poverty and gang culture
what are 3 examples of how substance abuse can influence criminal behaviour?
lowering inhibitions, over-exciting the nervous system and crime can finance a drug habit
what does having the ‘right to remain silent’ mean?
you do not have to answer questions that may incriminate you
if a police officer asks you to accompany them to the police station for questioning, there is no obligation to go unless…
- you are under arrest
- asked to take a breathalyser test - police believe you should be placed in their protection
what are police entitled to if they believe you have committed or are in the process of committing an indictable or summary offence?
your name and address
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…
- 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.
The police can tell you to move on from a public place if they reasonably believe that you are…
- breaching the peace
- putting another person in danger
- likely to injure someone or damage property
- likely to be a risk to public safety
what are examples of key forensic procedures?
- crime scene investigation
- evidence collection and preservation
- forensic analysis
- chain of custody
- laboratory analysis
- expert testimony
what are the two main types of forensic samples?
non-intimate: hair sample, matter from under fingernail, external body swabs
intimate: blood sample, pubic hair, scrapping from the mouth, genital swab
what is the definition of forensic procedures?
the systematic methods and processes used in forensic science to collect, analyse and interpret evidence in order to assist in investigations and legal proceedings
what is a victim?
someone who has suffered injury as a direct result of a criminal offence, whether or not that injury was foreseeable by the offender
what is a witness?
a witness of sexual offences, family violence or obscene, indecent and threatening language or behaviour in public can be considered a victim
what is a sentence?
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
what is an aggravating factor?
circumstances about the offence that increase the offender’s culpability (level of responsibility or blame) and therefore increase the sentence
