Test Flashcards

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1
Q

What is recidivism

A

The tendency to reoffend

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2
Q

What is a sanction and it’s purposes

A

Sanctions are penalties or other means of enforcement or rules. Their purpose is to protect punish deter(stop criminals and other commmittng crime) denounce (unacceptable act) and rehabilitate

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3
Q

who are the parties in a case

A

plantiff and defendant

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4
Q

what is presumption of innocence

A

innocent until proven guilty

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5
Q

what is a summary offence and indictable offence

A

minor crimes heard in magistrate court
magor crimer heard in the suprme court or district court

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6
Q

what is bail

A

conditional release of defendant with the promise to apear in court

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7
Q

what is the burden of proof and the standard of proof

A

the parties that has to prove they are correct
prove accused guilt beyond reasonable doubt

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8
Q

define examination in cheif and cross examination

A

the examination of a witness called by the party questioning
the interrogation of of the witness called by the opposing party

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9
Q

what is the judge and the jury

A

any one who appears on the electoral role may be eligable for the jury people who are disqualfied are those who have commited a crime (3y) been in prison (10y) on probation thos ineligable has a legal job disabled or language barrier thos excussed illness old primary caregiver long travel distance

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10
Q

define actus reus and mens rea

A

guilty act and guilty mind

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11
Q

what is common law and statute law

A

law made by the judge
law made by the parliament

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12
Q

what are the elements of assualt

A
  1. he accused applied force to victims body
  2. the application of force was intentional or reckless
  3. the application of force was without lawful justification or excuse
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13
Q

what is self defence

A

necessary action to protect onesself and property

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14
Q

what are possible sentences

A

fines, community corrections orders(rehab com serv curfew) prison

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15
Q

what are agrivating factors

A

factors into a harsher sentence - record, harm done, premeditation, motivation

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16
Q

what are migating factors

A

factors into a lesser sentence - age, mental state, past trauma, involvment criminal record, guilty plea

17
Q

what is the maximun sentence

A

theheaviest sentence a court can give

18
Q

what are the main differences between ausstralian and norway prison systems

A

norway: smaller prisons (57) no strict visitor restriction, human conditions(vote, educate, extra curiculars focus on rehab recidi=20% 21 y max snetence

aus: larger prisons privately and gov owned different levels, conditions vary between sates

19
Q

factors in sentencing

A

max petanalty, natre, current practises, culpability, motivatin, impact, plea, previous character, agrivatting migating factors