Topic 2 Criminal Investigations Flashcards
What is Mens Rea?
A person’s mental state and awareness of the fact that their conduct is criminal
Mens Rea is crucial in establishing criminal intent.
Define Actus Reus.
The physical performance of a crime
Actus Reus refers to the actual act of committing a crime.
What is reasonable suspicion?
Facts that would cause a reasonably minded person to conclude something
Reasonable suspicion may be incorrect but must be reasonable.
What does ‘Beyond Reasonable Doubt’ mean?
The defendant cannot be found guilty if there’s any doubt amongst the jurors
This is the highest standard of proof in criminal cases.
What is the principle of ‘Innocent Until Proven Guilty’?
The presumption that a person is innocent until they are proven guilty in a court of law
This principle protects individuals from wrongful conviction.
What is the purpose of criminal laws?
To balance individual rights with society’s need for order and moral standards
Criminal laws aim to maintain public order.
What does the Criminal Code Act 1899 (Qld) categorize?
Offences as criminal or regulatory
This categorization helps define the nature of the crime.
What are regulatory offences?
Outlined in Regulatory Offences Act 1985 (Qld) and must be handled in Magistrates Court
Maximum penalty for regulatory offences is a fine.
What are the two main types of criminal offences?
- Indictable: more serious crimes (jury)
- Summary: less serious (no jury)
Examples of indictable offences include murder and robbery.
What does the Police Powers & Responsibilities Act 2000 (Qld) address?
The ability for Queensland Police officers to arrest individuals suspected of criminal activity
This legislation outlines the powers and responsibilities of police officers.
What are the standard requirements for searches by police officers?
- Search officer must be the same sex as the person searched
- Respect dignity and minimize embarrassment
- Public searches limited to ‘pat-down’ of outer clothing
- Thorough searches out of public view
These requirements ensure the rights of individuals are upheld during searches.
What are emergency exceptions for searches?
- Immediate thorough search by opposite-sex officers when necessary
- May be conducted in public if reasonable suspicion of weapons or explosives
Emergency situations may allow for deviation from standard search protocols.
What must police do during an arrest?
- Inform the arrested person of the nature of their offence
- Provide arresting officer’s name, rank, and station in writing
- Provide written officer details before release
These actions ensure transparency and accountability during arrests.
What is required for police to obtain an arrest warrant?
Police can apply for an arrest warrant, which must specify the alleged offence
A judge or magistrate issues the warrant based on reasonable belief.
Under what conditions can police arrest without a warrant?
Officer must reasonably suspect the person has committed or is committing an offence
This allows for immediate action in certain situations.
What is Direct Evidence?
Prove that someone committed a crime
Includes first hand observations such as eyewitness accounts or testimonial evidence, police dashboard cameras, surveillance cameras, and confessions.
What type of evidence includes eyewitness accounts and confessions?
Direct Evidence
Direct evidence is based on firsthand observations.
What is Circumstantial Evidence?
Evidence that can be used to imply a fact yet does not directly prove it
Generally physical evidence that provides a link between a suspect and a crime scene or victim.
How does the weight of circumstantial evidence change?
The more circumstantial the evidence, the greater weight it carries
This means that strong circumstantial evidence can be very persuasive in court.
What principle states that a person is considered innocent until proven guilty?
Innocent Until Proven Guilty
This principle underscores the legal standard that the burden of proof is on the prosecution.
