Legal Studies Exam Revision Flashcards
What is the primary purpose of the police?
Consultation with the community
Adaption to the community’s demands
Mobilisation of community assets to ease the burden on the police service
Problem solving policing that aims to prevent crime rather than responding to crime that has already taken place.
What is the key difference between direct and circumstantial evidence?
Direct evidence: Directly establishes a fact.
Circumstantial evidence: Implies a fact through inference.
What is oral evidence?
Oral evidence refers to any verbal testimony given by a witness under oath during a trial or legal proceeding. It is considered direct evidence and is typically delivered in court, where the witness recounts what they saw, heard, or experienced related to the case.
What is fingerprint evidence?
Fingerprint evidence refers to the use of fingerprint patterns found at a crime scene to identify a suspect. Since fingerprints are unique to each individual, even identical twins, they serve as reliable evidence for linking a person to a particular location or object.
What is DNA evidence?
DNA evidence involves the analysis of genetic material (such as blood, hair, skin cells, or bodily fluids) to link a suspect or victim to a crime scene. DNA is unique to each individual (except identical twins), making it a powerful tool for identification in criminal investigations.
What is criminal profiling
The process of using all the available information about a crime, a crime scene, and a victim, in order to compose a profile of the (as yet) unknown perpetrator.
What is “Modus Operandi” (MO) in criminal profiling?
Method or technique used to commit a crime
Includes patterns in behavior, tools, and actions
Can evolve as the offender gains experience
What is crime scene evidence?
Crime scene evidence includes any physical items or materials collected from the location where a crime occurred. This can include objects like weapons, bloodstains, fingerprints, or fibers, which can provide clues about what happened and who was involved.
What does the PPRA state about reasonable force?
The PPRA allows police officers to use reasonably necessary force in specific situations, such as:
Section 615: Making an arrest, where force must be proportionate to the level of resistance and seriousness of the offense.
Section 616: Exercising lawful powers like searches, where reasonable force is permitted to ensure compliance.
Force must always be proportionate and justifiable under the circumstances.
What characterizes an “Organised Offender”?
Plans crimes carefully
Leaves few clues
Socially competent and methodical
Uses own weapons, targets specific victims
What characterizes a “Disorganised Offender”?
Commits crimes impulsively, with little planning
Leaves behind evidence (e.g., fingerprints, DNA)
Uses weapons of opportunity
Often mentally unstable, lives near the crime scene
What are the stages of the Reid interviewing technique?
Direct Positive Confrontation
Theme Development
Handling Denials, Overcoming Objections, and Procurement and Retention of Suspect’s Attention
Handling the Suspect’s Passive Mood
Presenting an Alternative Question
Detailing the Offense
Elements of Oral and Written Statements
What are the stages of a police investigation
- Crime reported to police
- Police gather evidence
- Suspect is arrested, charged, and placed on bail or remand
What are objectives of a police investigation
*To establish whether a crime has been committed;
*To identify and apprehend a suspect; and
*To uncover and gather evidence with a view to building a case against a suspect.
What are challenges that both indigenous people and policemen face, regarding the legal issue of ‘policing in Indigenous communities’
Indigenous problems:
Cultural bias
Cultural misunderstandings
Inadequate Representation
Police problems:
Cultural missunderstandings
Cultural bias
Social stigma
Historical stigma
The Self-Determination Era
Timeframe: 1970s to present.
Recognition of Indigenous rights to self-governance and decision-making.
Emphasis on community control over issues affecting Indigenous Australians.
Policies support Indigenous self-determination, land rights, and cultural heritage.
The Protectionist Era
Timeframe: Late 1800s to early 1900s.
Government policies focused on segregating Indigenous Australians from society.
Indigenous people were often placed on reserves and missions.
The belief was to “protect” Indigenous people from the influences of European settlers.
The Integration Era
Timeframe: 1960s to 1970s.
Shift in policies towards integrating Indigenous Australians into broader society while retaining their cultural identity.
Emphasis on Indigenous participation in community life, education, and workforce.
Acknowledgment of the need for Indigenous cultural preservation.
The Assimilation Era
Timeframe: 1930s to 1960s.
Policies aimed at assimilating Indigenous Australians into white society.
Indigenous children were often removed from families (Stolen Generations).
The goal was to absorb Indigenous people into the wider community, often erasing their cultural identities.
Stages of a cognitive interview
*Stage 1: Reinstate the context
*Stage 2: Recall events in reverse order
*Stage 3: Report everything they can remember
*Stage 4: Describe events from someone else’s point of view
Searching of Property
ss150 – 163
s150: “A police officer may apply for a search warrant in relation to a place if the officer reasonably suspects that there is at the place evidence of the commission of an offense.”
s152: “A search of a place under a warrant or otherwise with the consent of the occupier must be conducted with due regard to decency and order.”
s158: “A police officer may enter and search a place without a warrant if the officer reasonably suspects that there is a risk to the safety of a person that requires immediate action.”
Searching a Person
ss29 – 30
s29: “A police officer may stop and detain a person whom the officer reasonably suspects may be in possession of evidence of an offence.”
s30: “A police officer may conduct a strip search of a person only if the search is necessary and if conducted in a private area, by an officer of the same sex as the person being searched.”
Relevent case example of Seaching of a Person
R v Watson [2017]: The defendant was found in possession of illegal drugs and a taser in their pocket after police conducted a search of the person. The defendant tried to argue it was unlawful but was unsuccessful
Powers Relating to Name and Address
ss40 – 41A
s40: “A police officer may require a person to state the person’s name and address if the officer reasonably suspects the person has committed an offence or may be able to assist in the investigation of an indictable offence.”
s41A: “A person commits an offence if the person, when required to state the person’s name and address, gives a false name or address.”
