Revision_of_Crime

Revision of Crime Review Questions Indictable offence: A crime that is serious- Eg, murder, rape etc. For which the accused will stand in trial before a judge and jury. A) Statute Law is law made by parliament. In NSW the laws made by parliament are laid out in the Crimes Act 1900 (NSW), and through this law the Government is able to reform older legislation that is no longer relevant to modern life. These laws are here for protection and wellbeing of all people. B) Doctrine of Precedent:the concept that decisions in court cases should be consistent with earlier cases that are similar. A) The court of Criminal appeal is seen over by 3 Supreme Court justices and has the role of seeing individuals who have been found guilty in a District or Supreme Court who have appealed to this court. The prosecution can appeal to this court if they believe the sentence is too lenient. B) The High Courthears appeals from the various state Courts of Criminal Appeal. Most civil cases heard before the High Court relate to businesses and large companies. Before a civil case can be heard by the High Court it must show that the case: Relates to a matter of public importance Must be heard in order that justice is served Needs to be heard because there is some confusion over earlier ruling at another court level. A) Criminal Law consists of harmful actions that are committed against the whole community. Any person who has been involved in a crime is known as a ‘party’ to the crime. The level of punishment is determined by the level of involvement in the crime. B) 4 main categories: Principle in the first degree- The perpetrator that is directly responsible for the crime Principle in the Second degree- The person who is present at the crime and assisted in some way. Accessory before the fact- A person who helped plan the crime Accessory after the fact- A person knowing about the crimehelped them afterwards. A) A Summons is a legal document that states when/where a person must appear in court and if they are accused, the charge to which they must answer. Failure to attend the appointed court session could result in the summonsed person being arrested and charged. In serious matters, a person is remanded in custody until there court appearance, where it is up to the Magistrate to determine whether they should be released on bail. Bail can be an upfront monetary payment/recognisance- where the accused promises to turn up and failure to do so will result in arrest. Bail may also be in the form of surety- where someone else agrees to put up the money on their behalf. The accused must show up to a police station on a regular basis to show that they haven’t run away or moved. Charge Bargaining is when the accused agrees to plead guilty to some but not all the charges. Usually this is done in exchange for the assistance of the accused person in relation to information on other matters or another investigation. A) International Crime is divided into 3 main categories: Crime committed in the jurisdiction of another country Transnational Crime Crime against International Law Some Crimes committed outside the jurisdiction of Australia can still be tried and sentenced in Australia, they include: Joining mercenary forces Stealing and damaging cultural property Hunting and killing whales Engaging in child sex tourism Transnational Crimes are crimes that involve breaking the law in more than one country. International terrorism is one of the most obvious cases of such in crime. Regulations are rules or orders for conduct that are made by Statutory Bodies to direct the actions of members of society. An example is road rules are always broken (speeding) yet such people are not regarded as criminals. They may incur a fine/loss of points. Coercion is forcing or persuading someone to do something, for example peer pressure as it is what society expects of you. 3 methods of Society Crime Prevention include: Colour tags attached to clothing in shops Magnetic strips that set off a detector at the door Bars put in front of windows in houses A) The role of the defence in the sentencing process is to represent the best interests of their clients and ensure that the defendant receives a fair sentence. They will often introduce character witnesses to give their word on the good nature of the defendant. B) The purpose of a Victim Impact Statementis to outline the effects of the crime and the impact it has made upon the victim and families lives. A) The International Criminal Courtwas established by the Treaty of Rome in 1998 and began operation in July 2002. This was in response to the growing numbers of human rights violation cases coming out of war-torn countries such as Rwanda, East Timor and Bosnia. B) Extradition is the legal surrender of a fugitive to the jurisdiction of another state, country or Government for trial. In order for an offender to return to their state or country they carried out the offence, it must be determined that the accused has a case to answer on prima-facie evidence and are given a fair trial which may be difficult to establish. A) An obvious example of inequality in access to legal aid is wealth. Those who are wealthy can afford to pay for the best legal rep whereas members of a lower socioeconomic status are forced to rely on Legal Aid to rep them. Legal Aid representatives, while trained and bound by the same principles as all solicitors and barristers may be inexperienced in court trials. B) Community standards and expectations are in constant change according to the differing moralities, religions and ethnic groups that make up society. The community as a hole have demanded tougher sentences that are a true reflection of the seriousness of the crime. This ensures that an offender who has committed a crime actually sees out the real term of their sentence. C) A) When making recommendations, the ALRC must always ensure that the laws it is reviewing comply with Australia’s international obligations and uphold civil liberties and human rights. B) The NSW Law Reform Commission’s duty is to propose changes to existing general laws that are referred to them by the NSW Attorney General whereas the Australian Law Reform Commission’s role is to conduct inquires into areas of law reform at the request of the Attorney general of Australia. C) Parliaments, both State and Federal, are the main law-making bodies in Australia. It is only through parliament that any recommendations made to them by the law reform commission can be enacted into the law. D) The role of the Courts as a law reform body is through their procedural role of adjudicating cases and handing down sentences to the defendants. They apply the law according to the facts of the case but are unable to carry out investigation and inquiries. They also operate as law reformers by setting new precedents in the cases that come before them. Extended response Three possible crimes committed in the above scenario include, theft of the customers money, possession/use of an illegal drug, the drug being cocaine and murder of a customer. The first defence Jack could use is Self-Defence, as he could claim that he carried out the crime in the act of defending himself. A second is under the defence of Duress where Jack would have to prove that he committed the crime against his own free will. Although, Jack knowingly carried out the crime, he could prove he did so because his life was at risk. The sentencing process is the second stage of the trial where the judge determines the sentence imposed. The trial judge will look at many factors when determining the sentence, some examples include, any addictions the defendant may have (cocaine), the defendants criminal record, if any and whether Max has shown any remorse. The judge will only look at the evidence presented at trial and disregards any prior convictions when sentencing. The role of the defence (in this case Max’s party) is to represent the best interests of their client and to ensure the defendant receives a fair sentence. A pre-sentencing report may also be used to show the defendants life circumstances, which may have made them susceptible to a life of crime.