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63 Cards in this Set
- Front
- Back
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why do police have explicit stated powers and responsibilities?
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- understand what is expected
- reduce risk of power abuse - Aus has no bill of rights - respect human rights |
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What is "onus of proof" ?
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beyond reasonable doubt
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What does the Legislative Standards Act 1992 outline?
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outlines basis rights
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After the Fitzgerald Inquiry, what was formed?
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crime and misconduct commission
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Findlay (2004, 79) discusses that discretion is exercised by the police at various points in the criminal justice process, what are some of those points?
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-Police pre-trial decision making
- Prosecution pre-trial decision making -Defence pre-trial decision making -Magisterial pre-trial decision making - Judicial discretion at trial - Decisions on appeal - Discretion during punishment |
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What is investigation?
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Broad term - applies to any line of inquiry
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what is 'QPRIME' ?
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information management system used to recall retrieve information including personal details and previous charges for individuals
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"I will cause Her Majesty’s peace to be kept and preserved; that I will prevent to the best of my power all offences against the same;" is said in?
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The Oath of office.
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After centralisation of police services greater emphasis was placed upon?
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defining criminal procedures and codifying the relationship between the police and the community
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the PPRA (Police Powers and Responsibilities Act) outlines?
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police powers and individual rights in relation to various offence types or situations.
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What factors influence the role and functions of police?
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-Politics
-Commissions and inquiries -Economics |
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Robert Peel’s 9 principles of policing can be summarised as?
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Consent, separation, from judiciary and police are members of the public
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Within the Queensland Police Service, which of the following is from lowest to highest in terms of rank?
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Constable, Chief Superintendent, Deputy Commissioner
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The codification of police powers refers to:
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-Prescribing various police powers in legislation
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The Legislation Standards Act 1992, guides police powers by what principles?
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-Legislation must not reverse the onus of proof without adequate justification
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The first detectives were known as?
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Thief-takers
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What is a prima facie case?
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One where all elements of an offence have been established
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what are the 5 c's of investigation?
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- Collect
- Check - Consider - Connect - Construct information into evidence |
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Are the 5 c's of investigation a systematic process?
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yes
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What is investigative interviewing?
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Conversation with a purpose
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How long can police detain a person for questioning?
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8 hours
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State and territory governments are responsible for what elements of road safety?
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-Designing roads
-Vehicle legislation -Enforcing user behaviour |
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What piece of QLD legislation governs driver licensing?
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Transport Operations (Road Use Management) Act 1995
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What is the general perception by the public towards traffic policing?
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-That it is not "real" police work
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What is culture?
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-A set of shared beliefs that belong to a specific group of people
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What percentage of the Australian population spoke languages other than English in 2006?
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15%
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How has the Queensland Police Service changed their policing approaches to indigenous persons?
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-Cross culture training
-Community policing initiatives -Diversionary programs |
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On average, how often do police apprehend a person with mental illness?
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every 2 hours
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Special circumstances court primarily dealt with what issue of vulnerability?
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homelessness
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The AIC identified what percentage of police shootings in Australia of people with a mental illness?
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42%
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Ethics involves...
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Making the right or just decision
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An "us" versus "them" mentality is an example of what?
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Moral distance
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A strike to a vital area is an example of what?
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deadly force
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Which jurisdiction does not have a Victim Rights Commissioner?
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WA
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According to the Victims of Crime Financial Assistance Act 2009 QLD, a victim is defined as what?
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One who has experienced a violent crime.
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Mendelsohn proposed a victim typology that was based on what?
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The level of guilt and responsibility attributed to the victim.
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What is a criminal investigation?
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- Systematic endeavour with the following objectives:
- Establish whether a crime has been committed – someone reports something and the officer decides if a crime has been committed - To gather evidence with a view to building a prima facie (establishing all the elements of an offence) - Identify and apprehend a suspect |
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what is Chain of custody ?
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documents where evidence was found, who retrieved the evidence and each time is it transferred and the details of that transfer
creates accountability |
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Dean (2000) said the characteristics of a successful investigator comes down to what 4 categories?
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- Method
- Challenge - Skill - Risk |
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Is it perfectly okay for there to be general conversation or interrogation in investigative interviewing?
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no
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Investigative interviewing is supported by?
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- Police powers (police powers and responsibilities act 2000 QLD)
- skills and training (specifically in interviewing suspects and victims) |
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why do police interview?
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gathering evidence through interviews is a major part in police investigation
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What is the PEACE model?
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P-preparation and planning
(during the interview) E-engage and explain A-account clarification and challenge C-closure (after the interview) E-Evaluation |
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Can free recall (cognitive interview) be used on both suspects and witnesses?
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yes
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what does TEDS mean?
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TELL, EXPLAIN, DESCRIBE, SHOW
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What are the fatal five?
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speeding
drink/drug driving seat belts fatigue inattention |
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Over-representation is caused by?
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Health disparities are huge
-Social and educational disparities are huge -Can lead to over-policing and prejudicial policing due to negative schemes -Discretionary decisions by police, but also by other actors throughout the criminal justice system |
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What group of people would you consider vulnerable
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- Elderly
- Mentally ill - indigenous - disabled - LGBIT - Teenagers/young people/minors - Does not speak English |
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what about some groups of people makes them vulnerable?
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and what about them makes them vulnerable?
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age of criminal responsibility in Aus?
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10-12.must prove that they knew/understood what they were doing
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What are the "risk factors" with vulnerable people?
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Risk factors – individuals that are at risk of receiving negative effect
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Two types of vulnerable
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Legal – law recognises that certain people have a vulnerable and certain safe guards have been put in place. Young people/ indigenous/ there is legislation that governs how the people act.
Social disadvantage – homelessness for example. There are no real legal protection but the police to recognise that there is a vulnerability there. |
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One disabled person is vulnerable - that must mean they are all right?
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Not all people within the “group” are vulnerable
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Those under the influence (drugs / alcohol) are they vulnerable too?
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In QLD, yes.
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what specialist courts did the Newman government abolish?
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Murri courts, Special circumstances court and drug courts.
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What type of ethical difficulties that a police officer face?
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who to treat differently and how to treat them differently (vulnerable people etc)
- how much force to use - discretion - conflict of interest - deciding whose life means more - own morals interfere with the job |
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What is police culture?
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set of values/social norms that surround being a police officer.
Have a job that puts their life in danger. Police have to rely on each other. Unable to really form relationships outside of the police officers, other police officers “get it” and usually are the only people you are friends with. Police look out for each other. |
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Social desirability bias?
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wanted to fit in and be accepted by peers
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Noble Cause corruption
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- consequentialist approach
- use of excessive force to obtain a confession - breach an individual’s privacy to uncover – searches (warrants etc) |
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Simple use of force continuum, what is level one and what is level 5?
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Level 1 – officer presence (physical appearance/professional bearing)
up to level 5 – which is deadly force – firearms/strike to vital areas. |
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Can a vehicle be used as a weapon?
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yes, in pursuits
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Victim is eligible for financial benefits if:
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report act of violence to the QPS for victims of crime (other than special primary victims)
Some people are unable to report a crime – others can make report on their behalf (mother/father, doctor, psychologist etc) |
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what is a Challenge in reporting crimes?
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do not recognise as crime
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