PPP115 Study Flashcards
1
Q
Culture
A
Influence on human behaviour, acceptance by individuals of norms and values within a group or organisation.
2
Q
Preference
A
Selecting someone over someone else.
3
Q
Prejudice
A
Negative judgement not based on fact.
4
Q
Stereotyping
A
that all people within a specific group are the same.
5
Q
Discrimination
A
Prejudices may lead to this, failure to treat equal.
6
Q
Ethnic based Descriptors
A
- Aboriginal appearance
- Caucasian appearance
- African appearance
Etc..
DO NOT USE: - Australian appearance
- Ethnic appearance
- Black appearance
7
Q
Conflict between young people and police is structured through three broad influences
A
- Social background of the young people - unemployed, poor community networks, peer pressure, uneducated, etc
- Constriction of social space - The planning, and design of urban space has favoured commercial activity
- Political and occupational pressure - on the police to be seen to be doing their duty and protecting the public
8
Q
Causes of crime
A
Family factors School performance Truancy Unemployment Delinquent peers Substance abuse
9
Q
Proximate causes
A
Those that immediately precede criminal behaviour. i.e. alcohol or substance abuse, peer pressure.
10
Q
Distal causes
A
Are situated away from the point of crime. i.e. poverty, poor parenting, unemployment.
11
Q
Five groups at risk of coming under police notice
A
Mentally ill Indigenous people Demonstrators Drug/alcohol Affected Young Person
12
Q
Measures which could enhance between authority and young people.
A
- Communicate directly
- Establish empathy
- Respect of the rights
- Attitude of conciliation
- Problem solving approach.
13
Q
Primary goal of police
A
Keep the peace and uphold law
14
Q
Peels Principles
A
Prevent crime and disorder
Dependent on public approval
Must secure the willing co-operation
Compulsion in achieving police objectives
Offering of individual service and friendship
Use physical force to the extent necessary
The police are the public and that the public are police.
Never appear to usurp the powers
Test of police efficiency
15
Q
Positive aspects of police culture
A
Professionalism Sense of duty Community policing Sense of mission Pride
16
Q
Negative aspects of police culture
A
Corruption Code of silence Isolation from society Stress and anxiety Alcohol and/or drug dependence
17
Q
Ways of changing police culture
A
- Recruitment
- Training - raise the standard of education
- Community Policing - community and police interaction
18
Q
What is discretion?
A
Acting according to your own judgement wherever your authority leaves you free to do so.
19
Q
Risk
A
The likelihood of something happening
20
Q
Vulnerability
A
Defenceless in the face of potential risk.
21
Q
Characteristics that can be related to vulnerability
A
Mental illness Age Race Gender Ethnicity Sexuality
22
Q
Vulnerable are defined as:
A
Child Impaired intellectual functioning Impaired physical functioning Aboriginal or Torres Strait Islander Person of a non-English speaking background
23
Q
What is abuse of older people?
A
Financial abuse Psychological abuse Physical Abuse Sexual assault and abuse Neglect
24
Q
What is homophobia?
A
Varying degrees of dislike, fear and hatred of homosexuality and of people identifying as gay and/or lesbian.
25
Transgender person
Any person who feels their assigned gender does not completely or adequately reflect their internal gender
26
Distinction between Mental Disorder and Mentally Ill.
Mental disorder may be temporary - a disturbance brought about by a specific incident.
Mentally Ill - diagnosed medical condition.
27
Intellectual disabilities
Impairments of learning abilities or brain dysfunction
Born with it
IQ under 70
Little treatment is available
28
Mental Illness symptoms
```
Delusions
Hallucinations
Serious disorder of thought form
Severs disturbance of mood
Sustained or repeated irrational behaviour
```
29
MOU three key stake holders
NSW Health
Ambulance
Police
30
Section 14
Mentally ill person: Reasonable grounds for believing that care, treatment or control of person is necessary:
(a) persons own protection from serious harm
(b) protection of others from serious harm
31
Section 15
Mentally Disordered:Reasonable grounds for believing that care, treatment or control of person is necessary:
(a) persons own protection from serious harm
(b) protection of others from serious harm
32
Section 16
Certain words or conduct may not indicate mental illness or disorder.
33
Section 17
Detention on certificate of medical practitioner or accredited person.
34
Section 20
Detention on information of ambulance officer
35
Section 21
Police assistance to ambulance officers
| Power to apprehend and take or assist in taking the person to a declared mental health facility.
36
Section 22
```
Detention after apprehension by police.
May apprehend if appears to be mentally ill or mental disturbed
- If the person has committed an offence
- Attempted to kill themselves.
- Will attempt to
- Causes serious harm to someone else
- Beneficial to persons welfare
```
37
Definition of aboriginal person
Member of
Identifies as
Accepted by
38
Definition of a Torres Strait Islander
Member of
Identifies as
Accepted by
39
Aboriginal involvement in crime
```
Appearing in court they are more likely to have a previous record
Less likely to get bail
Less likely to avoid prison
Factors affecting crime rates:
- Alcohol/drug
- Child neglect
- Poor schooling
- Unemployment
```
40
ACLO and their role
Aboriginal community liaison officer.
| Liaison between NSWPF and aboriginals
41
ALS and their role
Aboriginal Legal Service
| Giving information and referral, and legal advice and court representation to Aboriginals and Torres Strait islanders.
42
Arresting aboriginal people
S earch and remove any item.
C omplete the field arrest form and advise custody manager.
C ontact your nearest Aboriginal Legal Service
A sk if the person requires support person
R ecord who you contact, date, time.
43
Balance of possibilities
Proving a reasonable excuse is cast upon the accused - reasonable excuse is not equated as legal right
44
Objective test
independent view: The opinion of an imagined person who is not involved
45
Subjective test
Victims point of view: Their opinion of what happened
46
Reasonable third person test
Someone who is not involved in the situation but if they watched or listened what happened would have an opinion about what occured
47
Person of reasonable firmness
A person of average intelligence and ability - the test is what that person would consider reasonable in all of the circumstances.
48
Wilfull
Consciously and intentionally
49
Offensive
```
Calculates to
Wound
Hurt
Outrage
Disgust
In the mind of a reasonable person
```
50
Section 4 Summary Offences Act
Offensive conduct
Conducted themselves in an offensive manner
Near/within view/in a public place or school
51
Section 4a Summary Offences Act
Offensive language
Used offensive language
Near/within hearing/in within hearing from a public place or a school.
52
Section 5 Summary Offences Act
Obscene exposure
Wilfully
Exposed his/her person
Within view from a public place or school
53
Section 6 Summary Offences Act
Obstructing traffic
A person shall not, without reasonable excuse wilfully prevent, in any matter, the free passage of a person, vehicle or vessel in a public place.
54
Statutory defence
It is a defence if the accused satisfies the court that the act complained of the information for the offence was done with lawful authority.
55
Section 4 Graffiti Control Act
Damaging and defacing property by means of graffiti implement. Intentionally
56
Section 5 Graffiti Control Act
Possession of graffiti implement. With intention to use it.
57
Section 7 Graffiti Control Act
Sale of spray paint cans to persons under 18
58
Knife
Includes a knife blade; or
a razor blade; or
any other blade
59
Offensive implement
a) Made or adapted for use of causing injury
| b) Anything intended, to be used to injure or menace a person or damage property.
60
Section 11B Summary Offences Act
```
Custody of offensive implement
Proofs:
- the accused
- had without reasonable excuse
- in his or her custody
- an offensive implement
- in a public place or school
```
61
Section 11C Summary Offences Act
```
Custody of knife
Proofs:
- the accused
- without reasonable excuse
- had a knife in his/her custody
- in a public place or school
```
62
Section 11E Summary Offences Act
Wielding of a knife, used or carried a knife that is visible.
63
Section 11D Summary Offences Act
Parents who allow children to carry knives
| The accused knowingly authorised or permitted the child to commit the offence.
64
Section 11F Summary Offences Act
Sale of knives to children. The person who sold the knife.
65
Assault
any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence.
66
Battery
The actual infliction of unlawful force on another
67
Assault can include:
```
an unlawful arrest
excessive force
pointing an unloaded firearm or toy pistol
using a dog as a weapon
non-consenting kiss
spitting on a person
```
68
Transfer of malice
If the accused forms the men rea to assault a person, aims a blow at that person but misses striking a third person, the accused can be convicted of assault on that third person
69
Section 93B of the Crimes Act
Riot, where 12 or more persons who are present together use or threaten unlawful violence for a common purpose. Person or property
70
Section 93c of the Crimes Act
Affray, where 12 people or less are present. a person must have used or threatened unlawful violence towards another person, so that a person of reasonable firmness fears for there safety.
71
Section 61 of the Crimes Act
Assault, is any act by a person that intenally or recklessly causes another person to apprehend immediate unlawful violence. Physical force was used on a person and that the physical force was unlawful.
72
Section 11A of the Summary Offences Act
Violent disorder, 3 or more intended to use or threatened violence, or was aware that their conduct may have been violent. Words alone do not constitute offence.
73
Common points of all offences
May be comitted in private as well as public places
Committed by persons involved in 'authorised public assemblies'
No person of reasonable firmness need actually be or likely present at the scene.
74
Principal in the first degree
The person or persons who actually perform the criminal act.
75
Principals in the second degree
A person who is present at the crime to assist or encourage the offender.
76
Accesory before the fact
A person who encourages or helps in preparing for the commission of a crime but is not present at the crime.
77
Accesory after the fact
A person who aids or conceals the principal offender after the crime has been committed to help the person avoid arrest or prosecution.
78
Section 11 Summary Offences Act
Possession of alcohol by a minor
Possess or consume
Public place
No responsible adult
79
Section 198 - LEPRA
Police may give a move on to an intoxicated person if they believe they are likely to cause injury, damage or are disorderly.
80
6 aims of circle sentencing as an alternative to court sentencing
Include members of aboriginal communities
Increase the confidence of aboriginal communities
Provide more appropriate sentencing options.
Provide effective support to victims of offences
Provide appropriate sentencing options
Reduce recidivism
81
Reason to be in possession of a knife
```
Persons occupation
Preparation or consumption of food
Lawful sport or recreation
Retail or other trade purposes
Exhibition of knife collectors
Wearing an official uniform
Genuine religious purposes
```
82
The powers to deal with possession by minors of alcohol
11 (2) - police may seize liquor
11 (4) - doesn't matter if person is underage of criminal liability
11 (5a) - police power to demand particulars
11 (5b) - offence failure to comply with 11(5a)
83
Aid and abet
Used in minor indictable offences similar to accessory before the fact. To assist and encourage the commission of an offence.
