Role of crime

Question 1

Actus reus

Answer 1

action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Question 2

Mens rea

Answer 2

A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.

Question 3

ratio decendi

Answer 3

The final decision of the courts and legal reasoning behind it

Question 4

The meaning of crime

Answer 4

an action or omission which constitutes an offence and is punishable by law.

Question 5

Strict liability offences meaning

Answer 5

When liability is strict with respect to an element of an offence, the prosecution is not required to prove intention, knowledge, recklessness or negligence with respect to that element. An offence does not impose strict liability unless the “law that creates the offence provides” that liability is strict.

Question 6

Strict liability offences examples

Answer 6

Many of the most common strict liability offences in Australia involve traffic offences, such
as:
- Drink driving
- Speeding
- Failing to wear a seatbelt
E.g, if you have been charged with speeding, the prosecution is not required to prove that you intended to speed, but only that you did speed.

Question 7

Categories of crime-offences against the person examples

Answer 7

• stalking
• kidnapping
• rape
• harrassment

Question 8

Categories of crime- offences against the sovereign

Answer 8

Is considered any attempt or intention to levy war against the state or assist an enemy.

Question 9

Categories of crime- economic offences

Answer 9

• Swindling and fraud-A fraud and a swindle are basically the same thing: a trick to get money from someone. Some on defrauds someone
• money laundering the criminal transforms the monetary proceeds derived from criminal activity into funds with an apparently legal source.
• intellectual property crime

Question 10

Public order offences

Answer 10

• Riot
• offences
  -offensive language

Question 11

preliminary crime attempts

Answer 11

Preliminary offences are acts that prepare, facilitate, or encourage the commission of a crime without directly committing the crime itself. These include conspiracy, aiding and abetting, and attempt. On the other hand, offences refer to the actual criminal acts committed, such as theft, assault, or murder. Thus, the primary difference lies in preliminary offences being steps or actions leading up to a crime, while offences are the actual crimes committed.

Question 12

preliminary crimes conspiracy

Answer 12

The crime of conspiracy requires an agreement between two or more persons to commit an unlawful act with the intention of carrying it out. It is the intention to carry out the crime which constitutes the necessary mens rea for the offence

Question 13

summary offences meaning and examples

Answer 13

an offence within the scope of a summary court and seen as less serious. Examples include: road traffic offences (e.g. careless driving, drink driving and unlicensed driving) minor assaults.

Question 14

indictable offences

Answer 14

Indictable Offences are offences where the accused has the right to have the matter heard before a Judge and jury in a higher court (usually the District Court or the Supreme Court)

Question 15

Parties to a crime-principal in the first degree meaning

Answer 15

A principal in the first degree is a person who commits a crime. The term refers to the person with the intent to commit the crime, even if the actus reus is done through an agent who lacked the intent to commit a crime.

Question 16

Parties to a crime- Principal in the second degree

Answer 16

principal in the second degree, person who assists another in the commission of a crime and is present when the crime is being committed but does not actually participate in the crime. For example, an individual standing guard at the door during the armed robbery of a service station would be considered a principal in the second degree.

Question 17

Parties to a crime- accessory before the fact meaning

Answer 17

An accessory before-the-fact is a person who aids, abets, or encourages another to commit a crime but who is not present at the scene. An accessory before the fact, like an accomplice may be held criminally liable to the same extent as the principal.

Question 18

Parties to a crime- accessory after the fact

Answer 18

A person is an accessory after the fact to the commission of a crime if, knowing that the crime has been committed, the person assists the principal offender.

Question 19

Psychological Factors affecting criminak behaviour examples

Answer 19

Many forms of mental illness affect a person’s behaviour. Important during the criminal process and may be raised by the prosecution or defence during a trial. May also be taken into account during sentencing.

Question 20

Situational crime prevention meaning and example

Answer 20

situational crime prevention is a primary crime prevention measure. This means it is directed at stopping crimes before they occur.This prevention focuses on reducing crime opportunities rather then the characteristics of criminals or potential criminals

Question 21

social crime prevention meaning and example

Answer 21

Social crime prevention addresses factors that influence an individual’s likelihood of committing a crime, such as poverty and unemployment, poor health and low educational performance.

Question 22

Police powers

Question 23

Reporting crime

Answer 23

The reporting of crime is the first step in the criminal investigation process. Most crimes are detected or discovered by private citizens who are either witnesses to or victims of a criminal offence. They report the crime to the police. Many crimes go unreported every year as victims or witnesses exercise their discretion about whether to report a crime or not.

Question 24

Investigating crime- gathering evidence process

Answer 24

One of the main roles of the NSW Police Force is to detect and investigate crime and prosecute offenders.
· Evidence is the main tool used by the prosecution used to convict offenders.

· Physical (clothes, weapons), electronic (photographs, records), or witnesses statements (things seen and/or heard).

· Police investigate the matter further and gather relevant evidence e.g. interviews, list of stolen property, fingerprints, physical evidence

Question 25

Investigating crime- use of technology role

Answer 25

· Surveillance technology has assisted in the investigation and prevention of crime, used to identify criminals.

· DNA is also used for the identification of people, yet there are strict regulations on the use of this technology, outlines in the Crimes (Forensic Procedures) Act 2000 (NSW).

· Police sometimes use technology to gather and asses evidence e.g. phone taps, video surveillance, DNA collection and analysis, use of data banks, such as COPS

Question 26

Investigating crime- search and seizure role

Answer 26

· The Police Powers (Drug Detection Dogs) Act 2001 (NSW) gives the police the power to use sniffer dogs

· It is argued that this is a breach of the civil liberties of people à link to reasonable grounds.

· The dogs are used at large events, used to search people for illegal articles, mainly illicit drugs.

· The power of search and seizure means that police and other people, such as customs officers, have the power to search people and their belongings or premises and to take away property that is illegally held or is to be used in evidence

Question 27

Investigating crime-use of warrants

Answer 27

A warrant is an authorisation, by a judicial officer, to enter and search premises. The Regulatory Powers Act provides for monitoring and investigation warrants.
An issuing officer can issue a monitoring warrant in relation to a provision, information or matter that is nominated in the triggering Act. For more information on a ‘matter’ for the purposes of Part 2 of the Regulatory Powers Act, see 2021 amendments to the Regulatory Powers Act.

Question 28

The adversary system role

Answer 28

Under the adversary system, both parties are afforded the right to seek a lawyer to represent them, and each side is provided with an equal opportunity to present their arguments and evidence in court – no verdict can be reached until both the Defence and Prosecution have rested their cases and the final arguments have been presented.

Question 29

Adversarial system meaning

Answer 29

An adversarial system of criminal justice is a system in which the accused and the accuser present their arguments in court to be decided by a 3rd party (judge or jurors).

Question 30

Inquisitorial system process

Answer 30

Under the inquisitorial procedure, the pretrial hearing for bringing a possible indictment is usually under the control of a judge whose responsibilities include the investigation of all aspects of the case, whether favourable or unfavourable to either the prosecution or defense. Witnesses are heard, and the accused, who is represented by counsel, may also be heard, though he is not required to speak and, if he does, he is not put under oath. Judge assumes a direct role

Question 31

Legal personnel- ,magistrate meaning

Answer 31

– A magistrate decides cases in local court, while a judge decided cases in higher courts. In criminal cases a judges role differs depending on whether he or she is sitting in a trial by jury or a summary hearing. In both types of cases the magistrate/judges job is to: ensure trial is conducted legally, decide questions which arise about the law and impose punishment

Question 32

Categories of crime- offences against the sovereign examples

Answer 32

• treason
• sedition
• terrorism

Question 33

arrest and charge- warrants role

Answer 33

A warrant is an order made by a judicial officer granting (or extending) certain police powers in relation to a person or police investigation. warrant for arrest is an order made by a Registrar, Magistrate or Judge which allows police to arrest and detain the person named in the warrant for the purpose of bringing that person before the court. There are different types of warrants for arrest, depending on the stage of the police prosecution and court proceedings.

Question 34

arrest and charge- what is a summons

Answer 34

summons, in law, document issued by a court ordering a specific person to appear at a specific time for some specific purpose. It is issued either directly to the person or to a law officer who must carry out the instructions. Often the purpose of a citation or summons is to require a person to answer charges or a complaint filed against him. It may also be used simply to notify a person that he has an interest in the proceedings at hand, which it would be to his advantage to attend.

Question 35

bails role

Answer 35

Bail and the importance of liberty are well known concepts. Bail determines whether an individual may return home while awaiting trial or remain in custody, with or without conditions. Yet in contemporary society, it is commonly misconstrued as a way to either punish accused persons who have not been formally found guilty, and so cannot yet be called offenders, or as a ‘get out of jail free’ card used by the wealthy or powerful.

Question 36

what is remand and its role

Answer 36

-A remand prisoner is someone held in custody while waiting for their trial or sentencing.
-A remand prisoner may be held in prison, or in police cells, court cells, or psychiatric facilities as required.
-The court has to decide if the accused is to get Court Bail.
-There are several reasons that can lead to an accused being remanded.

These include:

the seriousness of the offence
the risk of re-offending
they are a risk to themselves
protecting the victim.

Question 37

rights of suspect in interrogation

Answer 37

Right to silence
Right not to be searched, only with a warrant (unless there are reasonable grounds)
The right to be released from custody if a charge is not made within a reasonable time (the investigation period, i.e. 4 hours)
Right for confessions to be free and voluntary.
Right for a minor to have an independent adult person present during questioning

Question 38

rights of suspect in detention

Answer 38

– right to privacy
- right to a lawyer
- right to be informed
- right to make a phone call ‘
- right to challenge detention
- right to be brought before court

Question 39

what is a public order offence

Answer 39

the term suggests, these are offences that deal with keeping the good order of the community. The offences are not typically serious in nature, however, most of them do still carry a term of imprisonment as a possible penalty.

Question 40

indictable offence examples

Answer 40

Examples include:

aggravated burglary
indecent assault
drug trafficking offences
manslaughter
murder.

Question 41

social factors affecting criminal behaviour

Answer 41

Influence a person’s attitude towards crime incl. family situation or personal relationships. Groups associated with may also influence attitudes. Environment a person is raised in may also influence behaviour. Differential association.
– Statistically people are more likely to commit crimes if they come from a poor or disadvantaged background
or If people are surrounded by or brought up with criminal behaviour around them then they will be more likely to commit crimes themselves because it is seen by them to be socially acceptable to do so

Question 42

economic factors contributing to criminal behaviours

Answer 42

One of the most substantial reasons for committing a crime is for economic gain. Those from disadvantaged backgrounds are more likely to commit crimes than any other group. Poor education or lack of skills which leads to a higher chance of unemployment. For greater Economic benefit.

Question 43

court jurisdiction

Answer 43

Each court has a particular ‘jurisdiction’, which is the scope of a court’s authority to decide matters. The term comes from Latin: ‘juris’ – the law and ‘dictio’ – to say or declare.

Question 44

Legal personnel of prosecutor

Answer 44

A specially trained officer who usually prosecutes a case in the local court

Question 45

Legal personnel of Director of public prosecution

Answer 45

The holder of a government office responsible for prosecuting indictable offences heard summarily or in front of a jury. For these offences a barrister generally prosecutes the case.

Question 46

Legal personnel of public defenders

Answer 46

Legal practitioners appointed by the NSW government to represent accused people in the district and supreme court, only those accused of serious offences. Only available to people who have been granted legal aid

Question 47

pleas

Answer 47

a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge, offering an allegation of fact, or claiming that a point of law should apply.

Question 48

Legal representation

Answer 48

The Department of Communities and Justice, Legal (DCJ Legal) can provide or assist in providing legal advice and representation to witnesses called before the NSW Independent Commission Against Corruption (ICAC), the Law Enforcement Conduct Commission (LECC) and the NSW Crime Commission (NSWCC).

Question 49

Use of evidence including witnesses

Answer 49

Evidence is the means by which a fact is proved. It can be spoken evidence, or in the form of a document or object. In most cases, evidence is provided by witnesses who can tell the court what they saw or heard (or in some cases, smelt or touched). Witnesses may also introduce physical evidence – such as weapons, drugs, fingerprints and so on.

Question 50

complete defences to criminal charges

Answer 50

if a person is charged with a violent offence such as assault or murder, they have a complete defence if they were acting in self-defence or in defence of another person. If the accused raises self-defence, it then becomes the responsibility of the prosecution to prove that they were not acting in self-defence.

Question 51

partial defences to murder

Answer 51

Extreme provocation;
Excessive self-defence;
Substantial impairment because of mental health impairment or cognitive impairment;
Infanticide

Question 52

role of juries and their role in the verdict

Answer 52

In criminal trials, a jury hears evidence, applies the law as directed by the judge, and decides if a person is guilty or not guilty of a crime, based on the facts. A jury does not participate in the sentencing process.

Question 53

statutory guidelines ( legisaltion)

Answer 53

The Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 (NSW):

Gives statutory force to the courts issuing guideline judgements in NSW
· Crimes (Sentencing Procedure) Amendment Act 2001 (NSW):

Gives the Court of Criminal Appeal the power to issue sentencing guidelines
Makes earlier, state-issued guidelines valid
Sets out general guidelines for the courts to use in sentencing offenders
The degree of weight place on aggravating and mitigating factors will be determined by each individual case

Question 54

the purpose of punishment: deterrent, specific

Answer 54

Deterrence is a well-known sentencing principle and is regularly cited in court decisions, along with retribution, rehabilitation and community protection. Section 3A(b) states that the court must impose a sentence that “prevent[s] crime by deterring the offender and other persons from committing similar offences”.

Question 55

The purpose of punishment: retribution

Answer 55

Proponents of the retribution theory disagree about why offenders deserve to be punished. Some argue that it is to eliminate the unfair advantage the offender gained over other law abiding citizens by committing the offence; while others say that it is to satisfy a debt to society.

Question 56

the purpose of punishment: rehabilitation

Answer 56

The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community.

Question 57

the purpose of punishment incapacitation

Answer 57

Incapacitation aims to restrain an offender in order to render him or her incapable of re-offending.[171] Imprisonment is one form of incapacitation. Other sentencing options that curtail an offender’s liberty—such as the use of electronic surveillance to track an offender’s movements—are also forms of incapacitation.

Question 58

aggravating and mitigating cirumstances

Answer 58

In determining the appropriate sentence for an offence, the court must first identify the ‘objective seriousness’ of the offence, by reference to the actual conduct of the offender that gave rise to that offence.
The court must also take into account any aggravating factors concerning the commission of the offence, as well as any mitigating factors relevant to the offence, or to the personal circumstances of the offender.
An aggravating factor can increase the potential sentence, whereas a mitigating factor can reduce it. The relative importance of each factor will vary, depending on the circumstances of the case.

Question 59

Role of victims in sentencing

Answer 59

A victim impact statement is a statement read to the court, outlining the full effect of the crime on the victim. The advantages of the statement are:

– Can provide useful information

– Gives the victim a role in the court process, giving the victim and community greater confidence in the system

– May assist in the rehabilitation of the offender, because they get to hear the impact they had

Question 60

appeals role

Answer 60

An appeal is an application to a higher court by a party who believes that a decision of a lower court was incorrect. There is no right at common law to appeal against a decision, so a party can only appeal against a decision where an appeal is allowed by legislation.

Question 61

no conviction recorded penalty

Answer 61

With no conviction recorded, the accused individual avoids the legal consequences typically associated with a criminal conviction. This means they are not subjected to fines, imprisonment, or other penalties that would otherwise be imposed.

Question 62

caution penalty

Answer 62

If you receive a caution, the police can’t take any further action against you in relation to that offence. You receive a caution instead of having any other criminal penalty. There cannot be any conditions or further penalties, but you can be asked to write an apology to the victim.

Question 63

bond penalty

Answer 63

The bond amount, or penalty, is the monetary amount the surety is liable for in a surety bond agreement. In the instance of a valid claim on the bond, the surety would be liable for payment up to the penalty amount. Bond penalty amounts are typically set by the party requiring the principal to be bonded.

Question 64

suspended sentence penalty

Answer 64

A suspended sentence is a term of imprisonment that is suspended upon an offender entering into a good behaviour bond. The offender is then allowed to live in the community provided they abide by conditions. If the conditions are not breached, the term of imprisonment or detention does not have to be served. If the conditions are breached, the person will usually be ordered to serve some or all of the suspended term.

Suspended sentences still exist in many Australian jurisdictions.

Question 65

probation penalty

Answer 65

Probation involves the supervision of offenders in the community by Corrective Services and rehabilitation programs. It is considered when an offender faces prison but would benefit instead from supervised rehabilitation in the community. In deciding whether probation is appropriate, a court considers the offence’s circumstances and the offender’s characteristics. Probation reflects a welfare approach to criminal justice, where offending is often the result of social disadvantage, family issues,etc

Question 66

criminal infringement notice penalty

Answer 66

A CIN can be issued by police in NSW for some minor offences including:

Stealing (property value under $300) – $300 fine
Offensive language – $500
Offensive behaviour – $500
Unlawful entry – $250
Obstruct traffic – $200
Goods in custody – $350 fine
Continuation of intoxicated and disorderly behaviour after move-on direction – $1100
Possession of prohibited drug (small quantity) – $400

Question 67

penalty units

Answer 67

Penalty units are used to stipulate the amount payable for a fine. Penalty units are used instead of dollar amounts because the value of a penalty unit is indexed for inflation and changes regularly. In New South Wales, a penalty unit is currently worth $110.

Question 68

community service order penalty

Answer 68

Community corrections orders are governed by section 8 of the Crimes (Sentencing Procedure) Act 1999 and are designed to be a more flexible non-custodial sentence than CSOs were. CCOs may be made for a period of up to three years. They are subject to the conditions that the person does not commit a further offence and will attend court if called upon to do so.

Question 69

home detention condition

Answer 69

Home detention no longer exists as a standalone sentencing order in New South Wales. However, a home detention condition may be imposed as part of an intensive correction order (ICO). This article outlines how intensive corrections orders and home detention conditions operate in NSW.

Question 70

periodic detention penalty

Answer 70

A form of imprisonment that allows the offender to serve a certain amount of time weekly.

Question 71

forfeiture of assets penalty

Question 72

imprisonment penalty

Question 73

diversionary program penalty

Answer 73

Court program set up to divert offender away from traditional criminal process in the hope of rehabilitation and discouragement of recidivism.

Question 74

circle sentencing

Answer 74

Circle sentencing is when a group of respected people in the community work together and with the offender to find a solution and work with how they interact with people

Question 75

restorative post sentencing considerations

Answer 75

While there remains some disagreement regarding
practices that should and should not be considered
‘restorative justice’, the definition offered by Marshall
(1996: 37) of process whereby all parties with a stake in a
particular offence come together to resolve
collectively how to deal with the aftermath of the
offence and its implications for the future has been widely accepted

Question 76

security classification in law

Answer 76

A security classification (PROTECTED, SECRET and TOP SECRET) is only applied to information (or assets that hold information, such as laptops, USBs) if it requires protection because the impact of compromise of the information or asset would be high, extreme or catastrophic.

Question 77

protective custody

Answer 77

Protective custody (PC) is a type of imprisonment or care that keeps a person safe from harm, either from other prisoners or outside sources. It can involve solitary confinement, or moving the prisoner to a secure prison or another section of the prison. Prisoners can request PC if they believe their current environment is harmful, and officials may grant the request if they determine the prisoner is at risk.

Question 78

continued detention as an alternative method

Answer 78

A continuing detention order gives the State of NSW power to apply to the Supreme Court for the continual detention of a detained offender past the expiration of his or her original imprisonment sentence provided certain factors are satisfied. An application for a continuing detention order against a detained offender who is serving an imprisonment sentence for a serious offence or an offence of a sexual nature cannot be made more than 9 months before the end of his or her total sentence. Further continuing detention order can be imposed following the expiration of an existing one.

Question 79

sexual offenders registration

Answer 79

he NSW Child Protection Register (the Register) is a record of people who been sentenced for certain sex offences against a child, or for kidnapping, manslaughter or murder of a child, called a registerable offence. It is kept by NSW Police. The Register is also sometimes called the Sex Offender Register.

If you have been sentenced for a serious offence against a child, that offence may be a registerable offence. You would automatically go onto the Register. The only way to know for sure is to speak to a lawyer.

Question 80

deportation as a alternative sentencing method

Answer 80

Deportation of a person requires a specific deportation order to be made under section 206 of the Migration Act 1958 and it is used in relation to Australian permanent residents only. In contrast, removal is an automatic process used for those held in immigration detention. It does not require any specific order to be made.

People who are removed from Australia are unlawful non-citizens who do not have a valid visa to be in Australia. This may be because their visa has expired or been cancelled.

Question 81

age of criminal responsibility

Answer 81

In Australia, the age of criminal responsibility is 10 years old, as set by the Commonwealth, states, and territories. However, there are some considerations that come into play when dealing with children under 14

Question 82

the rightsof children when questioned

Answer 82

Children have the same rights as adults when questioned or arrested, however they have additional protections: parent/guardian must be notified if a child is taken into custody. Have the right to an independent adult as a support person during any police procedure, such as an interview or search.

Question 83

the rights of children when arrested

Answer 83

parent/guardian must be notified if a child is taken into custody
Have the right to an independent adult as a support person during any police procedure, such as an interview or search.
Any statement taken from a person under 18 years of age is inadmissible in court unless there was an independent adult present.
Police must tell a child about his/her rights and assist the child to exercise those rights
Child under 10 may not be strip searched and a support person should be present for older children
Police must not photograph or take fingerprints of children under 14 unless there is a court order
Police cannot take bodily samples without a court order

Question 84

childrens court procedures

Answer 84

A court attendance notice is filed by the police at the children’s court once a child has been charged with a criminal offence. If the young person was placed on bail, they will be required to attend court on the date stated on the court attendance notice, usually a few weeks after the charges are laid. If the young person was remanded by the police, the matter will be brought before a court as soon as possible. They will then have the opportunity to apply for bail or to plead guilty and finalise the charges on the spot.

If a plea of not guilty is entered, the matter will be adjourned for the police to prepare and serve what is called a ‘brief of evidence’. If the young person maintains his or her plea of not guilty after seeing the brief of evidence, the court will adjourn the matter for a defended hearing.

Question 85

childrens court

Answer 85

In New South Wales, the Children’s Court deals with defendants who are alleged to have committed a crime while under the age of 18. The way young people are dealt with by the courts is different in some respects from the way courts deal with adults. The criminal division of the Children’s Court deals with criminal matters including traffic offences, summary offences, bail applications, pleas and contested hearings. The NSW Children’s Court also hears domestic violence matters involving juveniles, care and protection matters and compulsory schooling matters

Question 86

penalties for childrens court

Answer 86

A young person can be sentenced to the following orders by the Children’s Court:

dismissal with or without a caution
caution
fine
good behaviour bond
probation order
community services order; and
control order (which may be suspended) placing the child or young person in detention.

Question 87

crimes against the international

Answer 87

Offences include:

murder
mutilation
cruel treatment and torture
attacks against civilian populations or non-combatants
sexual or gender-based violence
deliberate population displacement
hostage-taking
pillaging.
killing members of the group
causing serious physical or mental harm to the group
deliberately inflicting conditions to bring about the physical destruction of the group
murder
extermination
enslavement

Question 88

community international crime

Answer 88

Eg. war crimes, genocide, terrorism, slavery

Question 89

transnational crime

Answer 89

Crimes which occur within a states legal system but contain an international element.

· Eg. hostage taking, terrorism, drug trade and pornography

Question 90

domestic measures to deal with international crime

Answer 90

· Formal legal documents e.g. treaties and conventions·
A person is handed to another state because they accused of committing a crime in the latter state
Countries can promote training and technical assistance to help national authorities build or upgrade their capacity.

Question 91

international measures to deal with international crime

Answer 91

• Customary international law: Procedures and principles established over time·

sanctions

Action taken by the international community against a state that has broken international law

· Can be political, economic, financial or physical

International Court of Justice

· Judicial arm of the United Nations

· Hears cases between nations

· Issues advisory opinions

Question 92

limitations in dealing with international crime

Answer 92

The International Criminal Court can only intervene where a State is unable or
unwilling to genuinely carry out the investigation and prosecute the perpetrators

Question 93

define international crime

Answer 93

The term “international crime” is a collective term for certain extremely serious violations of international law: genocide, war crimes, crimes against humanity, torture and enforced disappearances.

Question 94

why young offenders are treated differently in the criminal justice system

Answer 94

most juveniles will “grow out” of offending and adopt law-abiding lifestyles as they mature. This paper outlines the factors (biological, psychological and social) that make juvenile offenders different from adult offenders and that necessitate unique responses to juvenile crime. It is argued that a range of factors, including juveniles’ lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles’ risks of contact with the criminal justice system.

Question 95

implications of post sentencing in achieving justice

Answer 95

Determines privileges

– Determines the way and which prison he/she serves the sentence
– Protects the prisoner from harm although restricts their opportunities
-

Question 96

home detention condition

Answer 96

Home Detention condition
If the court is considering imposing a home detention condition or a community service work condition, it must first have the offender assessed for such a condition and impose the condition only if they are found to be suitable for it.

A person who is sentenced to an ICO with a home detention condition will be confined to their home and allowed to go out only with permission from Corrections for approved purposes such as attending work, study or medical appointments

Question 97

treason

Answer 97

Is considered any attempt or intention to levy war against the state or assist an enemy. In other words, it is betrayal to your home country. Treason includes espionage and spying.

Question 98

sedition

Answer 98

Sedition refers to actions that promote discontent, hatred or contempt against a government or leader of the state through slanderous use of language and offences urging force or violence against the government.

Question 99

terrorism

Answer 99

Terrorism is the unlawful use of force with a political aim. Terrorism is particularly sinister because terrorists often target civilians and ‘soft targets’ rather than government forces.