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Police Goulburn > PPP114 - Law > Flashcards

PPP114 - Law Flashcards

1
Q

Who makes the laws?

A
  • Common Law and precedent
  • State and Federal Parliament
  • Local Councils and Statutory bodies
  • Private Organisations
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2
Q

Statute Law

A

Law made by Parliament, started in 1215

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3
Q

Common Law

A

Law made by the judges of precedent unwritten law started in 1066

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4
Q

First Police Murder

A

Joseph Luker in 1803

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5
Q

First two Australian Police in 1789

A
  • The Convict Night Watch

- Row Boat Gaurd

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6
Q

How Statute Law can impact on Common Law

A
  • Declares
  • Overrides
  • Supplements
  • Remedies/Fixes
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7
Q

Civil Law

A

Individual Disputes such as compensation, contracts, divorces and land disputes

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8
Q

Criminal Law

A

Offence against the state such as assault or speeding fines.

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9
Q

Deviance

A

Non-conformity to a given norm, or sets of norms, which are accepted by a significant number of people.

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10
Q

The year in which the NSW police was formed

A

1862

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11
Q

The Criminal justice compromises of what 4 arms?

A
  • The Makers
  • The Law Enforcers
  • Adjudicators
  • Corrections
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12
Q

The Legislature

A

Makes the laws

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13
Q

The Executive

A

Enforces the law

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14
Q

The Judiciary

A

Applies the law

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15
Q

Aims of Law Makers

A
  • Set standards of behaviour
  • Communicate standards to the population
  • Distinguish the seriousness of offences
  • Provide powers to other arms of CJS
  • Clarify ambiguities
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16
Q

Aims of Law Enforcers

A
  • Prevention of crime
  • Detection of offenders
  • Bringing offenders to justice
  • Protection of the public
  • Maintain public peace
  • Protect the rights of the individuals
  • Educate the public.
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17
Q

The Statement of Values

A

Ensures NSW police officer maintain an equal level of impartiality and empathy when conducting their duties.

18
Q

Aims of Adjudicators

A
  • Handle and process cases efficiently.
  • Examine the facts presented.
  • Find the relevant law.
  • Make decisions and pass judgements.
  • Impose appropriate sanctions.
  • Decide on bail, remand and mode of trial.
19
Q

The roles of the following:

  • Judge
  • Magistrate
  • Prosecutor
  • Defence Counsel
A
  • Judge runs the show and guide on questions of law and rules of evidence. All courts except local.
  • Magistrate is in charge of the local court and oversees those proceedings.
  • Prosecutor runs the show for the police. Proves the truth. Presents the case to prove the offence.
  • Defence defends the accused person.
20
Q

Jurisdiction of local court

A

Summary offences. Usually a fine or gaol sentence not exceeding two years.

21
Q

Jurisdiction of Children’s court

A

Same offences as local court just for the accused under 18.

22
Q

Jurisdiction of Coroner’s Court

A

Deaths and fires

23
Q

Jurisdiction of District Court

A

Indictable offences. (Right to trial). Appeals from the local court.

24
Q

Jurisdiction of Supreme Court

A

Usually most serious criminal offences.

25
Q

Accusatory System

A

Two sided contest between prosecution and defendant. Rules surrounding the evidence. The parties are in an equal position with an impartial moderator, a judge. Australia, England and U.S use this system.

26
Q

Inquisitorial System

A

The judge is both the judge and the prosecutor. The collection of evidence is in control of the judge and he initiates the investigation and collects all the evidence. No rules on how to obtain evidence. France, Italy and most European countries use this system. Coroners court.

27
Q

Committal Hearing

A

Decision by a magistrate as to whether the prosecution evidence is capable of satisfying a jury, properly instructed beyond reasonable doubt that it is an indictable offence.

28
Q

Prima Facie

A

There is a case to answer for.

29
Q

Statute of Limitations

A

Period of time you have to initiate proceedings against a person. Summary offences is 6 months while indictable there is no time period.

30
Q

Evidence in Chief

A

when witness first gives all their evidence and its lead by the prosecutor

31
Q

Cross examination

A

Defence tries to discredit/scrutinise the prosecutors evidence.

32
Q

Re-Examination

A

Opportunity for the prosecutor to clarify anything that the defence solicitor discredited.

33
Q

Sentencing Theories

A
  • Retribution - Justice
  • Deterrence - Deter further offending by the offender or community
  • Rehabilitation - Change the person by trying to fix them and bring them back into the community.
  • Protection - Protecting the community as they are a threat to the community.
34
Q

The stages of the

passage of a ‘Bill’ as it goes through parliament

A
  1. Initiation of the law
  2. Drafting
  3. Cabinet consultation
  4. First reading: no debate
  5. Second reading: Debate general principles
  6. Committee change: Considered in detail, changes made and voted on
  7. Third reading: changed bill presented for vote if accepted goes to voice or house dividing.
  8. Upper house: Do the same allover again, if accepted goes…
  9. To Governor or GOV.
  10. Gazetting /Published
35
Q

Criminal matters standard of proof?

A

Beyond reasonable doubt

36
Q

Criminal liability

A

Being held responsible for criminal actions/inaction.

37
Q

Strict Liability

A

Less emphasis on proving the mens rea. Prove actus reus. E.g. speeding

38
Q

Mens Rea

A

The guilty mind, intent and mental component.

39
Q

Actus Reus

A

The physical component, physical action/inaction.

40
Q

Temporal coincidence

A

When both actus reus and mens rea happen at the same time.

41
Q

The four types of sections in the “Act of Parliament

A
  • Powers
  • Offences
  • Definition
  • Procedural
42
Q

Doctrine of Doli Inpax

A

Rebuttable presumption that a child between the age of 10-14 cannot form the mans rea to being criminal liable for an offence.

Police Goulburn (9 decks)

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