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Unit 1 & 2 Legal Studies > Unit 1 - Chapter 3 - Criminal Investigation and Sanctions > Flashcards

Unit 1 - Chapter 3 - Criminal Investigation and Sanctions Flashcards

1
Q

Police protection of the community.

A

. Public Order Response Team (PORT)
. Crime Stoppers Australia
. Neighbourhood Watch Victoria

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2
Q

What is the role of the Police in the community?

A

. to serve the community and the law
. preserve the peace, protect life and property
. they prevent crime, detect and apprehend offenders
. and assist victims of crime or other people in times of emergency

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3
Q

Why are police powers necessary?

A

Because they need to be able to investigate crime and bring offenders to justice to do their job of enforcing law. They have to deal with a variety of situations and may often find themselves in danger

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4
Q

How do police protect the community?

A

. directing traffic
. preventing crime
. investigating crime
. assisting victims after a crime has been committed
. assisting in state emergency situations

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5
Q

What are individuals rights?

A

Individuals have the right to:
. be informed of the charge
. be informed of their rights
. ask a police officer for their name, rank, identification number and station
. remain silent (however they must supply their name and address)
. communicate with lawyers, family members or friends before questioning
. be released unconditionally on bail, or brought to a court before a Magistrate within a reasonable amount of time
. see any written statements
. have a parent, guardian or adult present if under 18 years of age
. refuse to accompany a police officer to the police station unless under arrest
. refuse to take part in an identification parade
. refuse to take part in the reconstruction of a crime
. refuse to have photographs taken
. refuse to provide body samples
. refuse to supply voice prints
. refuse to allow search of property

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6
Q

What happens when a crime is reported?

A

The police will investigate the crime and try and find the person responsible. They will:
. talk to any victims or witnesses
. question possible suspects
. examine the scene
. look for physical or forensic evidence
. charge the offender and ensure the person is taken to court

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7
Q

What right do the police have?

A

Police have the right to:
. question suspects for a reasonable time
. demand the name and address of a suspect
. question wittinesses and victims
. ask suspects to accompany them to the police station
. take fingerprints of persons over 15 years
. take blood and body samples with consent or a court order
. search a car if police have reasonable grounds that the vehicle contains drugs
. search a person or package if they reasonably believe that the person is carrying a weapon
. arrest with or without a warrant
. use reasonable force to make an arrest
. suspend a drivers licence on the spot
. use listening devices or tap phones with court permission
. hold an identification parade
. engage in entrapment
. reconstruct a crime if the suspect agrees to participate

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8
Q

Why are individuals’ rights necessary?

A

Because every person has the right to be treated as innocent until proven guilt.

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9
Q

What is a warrant?

A

This is a document authorising arrest, search of premises or to carry out some other action relating to the administration of justice.

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10
Q

What is bail?

A

The procedure that enables accused people to be released from custody after being charged on the understanding that he or she will appear at their hearing or trial. It can be granted by a senior police officer, bail justice or court at the time of arrest, during the trial and whilst awaiting sentencing or an appeal.

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11
Q

What is a charge?

A

When the Police formally allege that a person has committed a crime.

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12
Q

What is a custodial sentence?

A

A sentence where the offender is detained in custody (in prison).

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13
Q

What does denunciate mean?

A

When a court shows disapproval.

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14
Q

What is guideline judgement?

A

Advice given by the Court of Appeal that directs what other courts should do when passing sentence in certain types of cases.

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15
Q

What is Prima Facie Case?

A

On the face of it; there is sufficient evidence to suggest that the accused has committed a crime.

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16
Q

What is a question of law?

A

A dispute about the law that applies to a particular situation.

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17
Q

What is a recidivist?

A

A person who continues to commit crimes despite being punished for them.

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18
Q

What does rehabilitate mean?

A

Tp restore to a life without crime; restore reputation.

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19
Q

What does remand mean?

A

A suspect is refused bail and is held in custody until the trial.

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20
Q

What does right to silence mean?

A

A person can remain silent during police questioning, except in circumstances when they may be required to give their name and address; a person can also elect to not give evidence in court.

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21
Q

What is a summons?

A

A document telling the accused which court will deal with their criminal case and the mention date (date of first hearing). It is issued of it is believed that the accused will voluntarily attend court, does not pose a danger to the community or will not commit further offences.

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22
Q

What is a surety?

A

A person who guarantees the appearance of an accused person at their trial if they been released on bail.

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23
Q

What are the different types of searches?

A

. search with a warrant
. search without a warrant
. pat-down (frisk) search
. full (strip) search

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24
Q

What is pat-down (frisk) search?

A

This is where police use their hands to see if items are concealed in clothing. The police can ask for outer clothing like coats, hats and shoes to be removed and can ask people to turn out their pockets during a search.

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25
Q

What is a full (strip) search?

A

This must be done in private and should not involve any touching of the body. This kind of search involves an officer (of the same sex as the person being searched) supervising the removal of clothing for further examination.

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26
Q

Arguments for and against increased police powers.

A

For:
. Criminals now have increased awareness of their rights, and it is therefore more difficult to bluff them into giving important evidence.
. The police need increased powers to deal with the increasing crime rate in some areas of crime such as international crimes, terrorism, crimes involving advances in technology.
. Some sections of the community feel that increased powers are necessary so they can feel safe from violence.
. Well-organised and wealthy criminals can misuse their rights to avoid detection or arrest.

Against:
. The police already have significant powers.
. Increased powers may lead to abuse of power against innocent individuals in society.
. There is no conclusive evidence to indicate that increased powers will lead to better crime prevention or detection.
. If police powers were increased it could lead to individuals having to prove their innocence, rather than being presumed innocent until proven guilty.
. More emphasis should be placed on crime prevention rather than increased powers for crime detection.
The police already have significant powers.
Increased powers may lead to abuse of power against innocent individuals in society.
There is no conclusive evidence to indicate that increased powers will lead to better crime prevention or detection.
If police powers were increased it could lead to individuals having to prove their innocence, rather than being presumed innocent until proven guilty.
More emphasis should be placed on crime prevention rather than increased powers for crime detection.

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27
Q

What is the impact of criminal activity on individuals?

A

It affects individuals directly and indirectly. It affects victims, offenders and their families.

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28
Q

How are victims impacted by criminal activity?

A

They can be affected:
. financially (medical expenses, loss of property, damage to property or loss of income)
. physically (crime committed against them)
. and mentally (emotionally traumatised and lose self-confidence as a result of crimes committed against them)

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29
Q

What are some indirect affects of criminal activity?

A

A person who is a victim of crime is likely to take time off work to recover from the trauma, it then affects businesses because they then have to deal with the cost of an absent employee.

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30
Q

How are offenders and their families impacted by criminal activities?

A

Offender:

. may be filled with guilt (especially if the crime had a big effect on the victim)
. going to court can be stressful and costly

Families of offender:

. emotional strain of finding that a family member had committed a crime
. going to court can be stressful and costly

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31
Q

What is impact of criminal activity on society?

A

People want to feel safe when they walk the streets. So if crime is more prevalent in an area they will avoid it because they don’t want to become the next victim.

32
Q

What are some ways criminal behaviour can affect the community?

A

. physical pain and suffering felt by victims of crime
. financial loss experienced by victims of crime
. cost of providing police to enforce the law
. cost of providing medical care for victims of crime
. etc.

33
Q

What are sanctions?

A

They are criminal punishments provided by the court to punish an offender appropriately for their crimes.

34
Q

What are the aims of criminal sanctions?

A 
. punish
. protect
. denunciate
. deter
. rehabilitate
35
Q

Explain the following criminal sanction aim: Punish

A

The law must punish offenders so victims or their families can seek retribution without taking the law into their own hands.

36
Q

Explain the following criminal sanction aim: Protect

A

If the courts deem an offender to be a danger to society then sanctions like imprisonment are appropriate to keep society safe. The horrendous nature of the crime, the lack of remorse and the offender’s callous attitude indicate that the person should be kept out of society as long as possible.

37
Q

Explain the following criminal sanction aim: Denunciate

A

When sentencing, the court may give a sentence that is harsh enough to show the disapproval of the court; that is, the court denunciates the particular criminal behaviour. This will give others in society the message that this type of criminal behaviour will not be tolerated.

38
Q

Explain the following criminal sanction aim: Deter

A

The law aims discourage the offender and others in society from committing the same or similar offences in the future.

39
Q

Explain the following criminal sanction aim: Rehabilitate

A

It is in society’s interest to try to help offenders change their ways, otherwise crime rate and prison costs will escalate. In providing offenders with improved opportunities (education, training, assistance and support) their is a hope that the offenders will grasp the chance of a better future and become law-abiding citizens.

40
Q

Effectiveness of criminal sanctions.

A

To be effective, criminal sanctions must be:
. appropriate to the severity of the crime committed
. appropriate for the offender, taking into consideration the financial, social, cultural and health circumstances of the offender
. acceptable to the community
. able to fulfil the aims of criminal sanctions

41
Q

How can we reduce recidivism and the incidence of crime in society?

A

Through rehabilitation.

42
Q

What are guidelines for sentencing?

A

The court will consider:
. the maximum penalty prescribed for the offence
. current sentencing practices
. the nature and gravity of the offence
. the degree of blame of the offender
. whether the offender pleased guilty (and what stage in the proceedings)
. whether the offender followed the requirements of the directions hearing
. the offenders previous character
. the presence of any aggravating circumstances or mitigating factors
. the impact of crime on the victim

43
Q

What are baseline sentences?

A

A baseline sentence will be a median sentence that should apply to:
. murder
. culpable driving causing death
. trafficking in a large commercial quantity of drugs
. serious child sexual abuse
. incest
. and sexual penetration of a child

44
Q

What are the main criminal sanctions you need to know?

A

. imprisonment
. fines
. community corrections orders

45
Q

What is imprisonment?

A

This is where an offender is taken from society for a period of time and placed in a secure facility. It is the most serious type of sanction and should be imposed as a last resort. It is appropriate for some serious offences such as murder, manslaughter and rape.

46
Q

What is parole?

A

This is an early release from prison.

47
Q

What are concurrent sentences?

A

Sentences served at the same time. For example an accused was given 3 years for burglary and 1 year for going equipped to steal, they would serve 3 years.

48
Q

What are cumulative sentences?

A

Sentences served one after the other. This can occur if the court imposes it or under the following circumstances…
. when a prisoner commits a prison offence, an escape offence or a breach of parole offence
. when a serious sexual offender commits a sexual offence or a violent offence
. when a person commits a sexual offence or a violent offence during the parole period of a sentence imposed on him or her for a sexual offence or a violent offence
. in default of payment of a fine of sum of money

49
Q

What is the intention of baseline sentences?

A

To increase the median sentences to better reflect community standards and expectations.

50
Q

What are indefinite sentences?

A

These are given to adult offenders, regardless of the maximum penalty, which the court believe to be a serious danger to the community.

51
Q

What are deferred sentences?

A

This allows an offender time to rehabilitate or to make amends for their behaviour. This no longer happens anyway more.

52
Q

What are different youth orders?

A 
. youth justice centre orders
. youth residential centre order
. youth attendance order  
. youth supervision order
. probation order
53
Q

What are different treatment orders?

A

. drug treatment order
. restricted involuntary treatment order
. hospital security order

54
Q

What are some non-custodial sentences?

A 
. community correction order
. fine
. on-the-spot fine 
. adjournment with or without conviction
. discharge and dismissal 
. superannuation orders
. confiscation orders 
. suspension and cancellation of driver's licence
55
Q

What are community corrections orders?

A

This is a sentencing order which allows the offender to remain in the community. They will be able to maintain their employment and draw on the assistance of family or friends to take responsibility for their actions and avoid reoffending.

56
Q

What is the maximum period for an order?

A

. Magistrates court - 2 years

. County or Supreme Court - maximum term of offence or 2 years (depending on which is greater)

57
Q

What are some mandatory conditions attached to the order?

A

The offenders will:
. not leave Victoria without permission or without formal authority
. notify authorities of a change of address or employment
. not reoffend
. report to a community corrections centre and comply with directions given by community corrections officer
. comply with any other optional conditions set by the courts

58
Q

What are fines?

A

A fine is a monetary penalty expressed in levels of penalty units that can be imposed with or without a conviction. Fines are expressed tis way to make it easier to charge fines across all offences.

59
Q

What is considered when deciding the level of a fine?

A

. the financial circumstances of the offender
. the responsibilities of the offender including dependants
. any loss or destruction of, or damage to, property suffered as a result of the offence
. the value of benefit received by the offender from the offence
. any forfeiture, compensation or restitution order imposed

60
Q

What are Trends in Crime?

A

This is defined as an indicative change in the complexion of certain crimes within a defined geographical areas and time period. It is a measure of significant changes in an areas crime pattern over time. This can be measured through crime statistics.

61
Q

What do crime statistics indicate?

A

. the prevalence of in crime
. what resources need to be allocated
. or what laws need to be changed

62
Q

What are the crime clearance standards in Victoria?

A

Police investigations of reported offences revealed that:
. no offences was detected
. the complaint was withdrawn
. the know offender could not be charged for legal reasons (underage or deceased)
. the offender was charged or a summons was completed

63
Q

What are some factors influencing crime rates?

A 
. unemployment rates
. different methods of recording statistics
. age of population
. density of population
. strong police force or a change in law enforcement approaches  
. seasons of the year
. racial tensions
. weather
. family breakdowns
. mental health issues
. poverty
. new laws or sanctions
64
Q

How does the following factor impact crime: Alcohol consumption

A

It causes many to be violent which leads to assault, domestic abuse and robbery. Not only that, alcohol consumption is also the reason behind many car accidents because many intoxicated people decide they are okay to drive but end up losing control and in turn end up injuring or even killing someone.

65
Q

How does the following factor impact crime: Unemployment Rates

A

When unemployment rates rise, household income lowers. As household income lowers so too do peoples living standards. Many people often then resort to committing crimes such as shoplifting in order to support themselves, which in turn increases crime rates.

66
Q

How does the following factor impact crime: New laws or sanctions

A

These can deter offenders from committing crimes because it can remind them of the consequences which await them if they commit a crime. If potential offenders or reoffenders are deterred it means crime rates are lowered.

67
Q

How does the following factor impact crime: The level of unreported crimes

A

As crime rates can only be measured based on what is reported we can never get the exact crime figures. When the levels of reported crimes increase or decrease the crime rates do the same. This means the more crimes reported, the higher the crime rates and also the less crimes reported, the lower the crime rates.

68
Q

What is the problem with unreported crimes?

A

When looking at crime statistics unreported crimes need to be considered. This is because it is not possible to determine the exact figures for crimes due to the fact that there are unknown crimes which go unreported. Rape is is a common crime which victims often choose not to report to police, there are many reasons why people choose not report crimes.

69
Q

What are some reasons for crimes going unreported?

A

. shame
. feeling of utter hopelessness
. a feeling that no-one will help
. fear of not being believed
. far of retaliation
. belief that it may have been their fault
. lack of understanding of what they should have to put up with
. sexual advertising that gives confusing messages

70
Q

Effectiveness of prisons in deterring offenders.

A

The aim of prisons is to get offenders to serve their punishment in the hope that the prison lifestyle is one they wont want to revisit and therefore deter them from reoffending. This is what prisons are meant to do, but in actuality many reoffend. This is because, whilst prison is a deterrent, it doesn’t rehabilitate offenders and can in fact help them gain more skills from others to commit crimes. Without rehabilitation an offender often won’t change their ways, meaning, no matter how unpleasant prison may be they haven’t been given the opportunity to improve themselves so they reoffend.

71
Q

What are trends in sentencing?

A

This is defined as the change on sentences for different areas and different crimes. Accurate sentencing statistics are a crucial tool for working out current sentencing practices for a particular offence.

72
Q

What are trends in Recidivism?

A

This represents the change in repeat offenders of crimes.

73
Q

What increases a persons chance of reoffending?

A

. having previous sentences or having previously been sentenced to prison
. being under 25
. men reoffend more than women
. people who commit crimes against property are more likely to reoffend
. people who were imprisoned are more likely to reoffend than people who received a fine or suspended sentence

74
Q

Capital punishment in America V Imprisonment in Australia.

A

Similarities:
. both deter
. both remover an offender from society
Differences:
. imprisonment rehabilitates whilst CP doesn’t
. CP is seen as a breach of human rights in Australia

75
Q

What are the alternative avenues for seeking compensation for victims of crimes?

A

. Victims of Crimes Assistance Tribunal
. Victims Support Agency
. Victims Impact Statement

76
Q

What are non-custodial sentences?

A

They are sanctions that are carried out in the community and do not involved a prison sentence, although a community corrections order can be combined with a prison sentence.

77
Q

What proves that police are committed to crime prevention and community safety?

A 
Regular patrols:
. on foot or in police cars)
. on major roads or at sporting events/other public gatherings 
Education campaigns and media:
. to highlight road safety initiatives
. and give public advice

Unit 1 & 2 Legal Studies (9 decks)

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