Unit 1 Topic 2 Flashcards
What is direct evidence?
Evidence that tends to prove a fact directly. For example, when the witness testifies about something which that witness personally heard or saw
What is circumstantial evidence?
Evidence of circumstances - indirect evidence that can be relied upon not as proving a fact directly, but as pointing to its existence
Define summary offences
A simple, less serious offence heard by a magistrate
Define indictable offences
A more serious criminal offence that requires a committal hearing and a trial
Define Actus Reus
The physical performance of a crime (guilty act)
Define Mens Rea
A persons mental state and awareness of the fact that their conduct is criminal
Define accused
A person charged with committing a criminal offence/s
Define Witness
A person who has information which may be useful in a case being heard in a court.
Define Suspect
A person who has been convicted or found guilty of an offence against a territory law
Define victim
Any person who has, or is alleged to have suffered harm as the result of unlawful action
Define Crime
An act or omission which renders the person doing the act or making the omission liable to punishment
Explain Oral Evidence
Oral evidence is any evidence in a court of law that cannot be supported by physical evidence but is provided by a credible witness under oath
Explain Fingerprint Evidence
Involves comparing fingerprints found at a crime scene - called latent fingerprints - with fingerprints from a known individual and assessing how similar they are
Explain crime scene evidence
Can be divided into 2 categories:
Testimonial - statements or the spoken work from the victim (s) or witness (es).
Physical - also referred to as real evidence, consists of tangible articles such as hairs, fibers, latent fingerprints, and biological material
Explain DNA evidence
A type of evidence in which DNA of a sample found at a crime scene (“forensic sample”) is compared with a DNA sample provided by the accused (a “reference sample”).
e.g. blood, hair, skin cells, and other bodily substances
Define omission
A failure to act resulting in a breach of duty or damage
Define Regulatory offences
An act that is prohibited by legislation and carries a fine at its maximum penalty
Explain what constitutes criminal behaviour
Actions or conduct that violates the law and are considered harmful, threatening or disruptive to individuals or society encompassing a wide range of activities from minor offences to serious crimes
Explain Police Powers and Responsibilities Act 2000 (Qld)
The Police Powers and Responsibilities Act 2000 (Qld) completed the process of consolidating police powers. The PPRA provides a central reference point for both police officers and the community regarding police powers and associated safeguards
Explain Police discretionary powers
Police discretion is a necessary and important feature of a criminal justice system. When a police officer suspects that a person has committed an offence they will exercise judgment (or discretion) as to how best to proceed. The officer will consider not only the illegality of the offence but also the contextual and mitigating factors
Explain Search and Arrest Warrants
A search warrant is an official document from a judge that gives the police permission to search the places listed on the warrant.
An arrest warrant is when someone is suspected of committing an offence and needs to be brought before the court.
Explain offence against the person
Crimes that involve the use of threat of physical force against another person
Explain offence against property
Property crime involves the taking of property or money and does not include a threat of force or use of force against the victim
Other offences
Include crimes such as, petty theft, drink and/or drug driving, driving without a valid license, or less serious assaults. Penalties range from fines to imprisonment no more than 3 years.
Explain the Right to Silence
When a person is suspected of committing an offence, they must provide the arresting police officer with their name so they can be identified. They are also required to give their address if asked. Apart from this, a person is not required by law to answer any other questions officers ask them, as they may be incriminating themselves by doing so.
Explain the criminal investigation process
Includes:
Criminal behaviour, Parties to offence, Police Powers, Collection of evidence, Destruction and achieving of evidence, just and equitable outcomes
Describe Nature and Scope
Nature is the essence and elements of the legal issue being considered
Scope is the extent of the components
Describe Viewpoint
Viewpoint is an attitude or opinion of the circumstances of an individual, group or stakeholder that contribute to an attitude
Describe legal alternatives
Options presented to address or respond to the viewpoints associated consequences examined in the analysis of the legal issue
Describe recommendations
Recommendations are making specific interventions or strategies to address the issues and constraints identified through your study
