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203 Cards in this Set
- Front
- Back
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Crime |
An act or omission agaisnt the community at large that is punishable by the state |
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Accused |
The person or alleged offender that the criminal action is being taken against |
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Prosecute |
When the Crown or state takes action against the accused person in a court of law |
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Crown |
The state party that commences a criminal action in a court of law. In NSW, the action is usually commenced by the Director of Public Prosecutions. If the alleged crime is against a federal criminal law, the action is usually commenced by the Commonwealth Director of Public Prosecutions |
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Beyond Reasonable Doubt |
The standard of proof required in a criminal case for a person to be found guilty |
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actus reus |
Meaning 'guilty act', referring to the physical act of carrying out a crime
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mens rea |
Meaning 'guilty mind', meaning that the accused intended (to some degree) to commit the crime knowing their actions were wrong |
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Recklessness |
When the accused was aware that their action could lead to a crime being committed, but chose to take that course of action anyway |
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Criminal Negligence |
Where the accused fails to foresee the risk when they should have and so allows the avoidable danger to occur |
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Causation |
The link between the behaviour of the accused and the result (i.e. that the behaviour of the accused actually caused the criminal act alleged) |
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Strict Liability Offence |
An offence where the mens rea does not need to be proved; only the actus reus needs to be proved |
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Trafficking |
Dealing or trading in something illegal, particularly drugs |
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Homocide |
The act of killing a human being |
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Murder |
The deliberate killing of a person |
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Manslaughter |
The killing of a person in a manner that is considered to be less intentional than murder |
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Voluntary Manslaughter |
The killing of a person where the accused did intend to kill or was reckless about killing someone with mitigating circumstances (eg. provocation) |
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Provocation |
The defence where the defendant claims that their actions were a direct result of another person's actions, which caused them to lose control of their own actions |
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Involuntary Manslaughter |
The killing of a person where the death occurred because the accused acted in a reckless or negligent way without intention to kill |
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Constructive Manslaughter |
The killing of a person while the accused was carrying out another dangerous or unlawful act |
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Mitigating Circumstances |
Circumstances that make an offence less severe; they can lead to a reduced sentence |
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Infanticide |
The death of a baby under the age of 12 months at the hands of its mother |
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Assault |
A criminal offence involving the infliction of physical force or the threat of physical force |
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Common Assault |
Assault where there is no actual physical harm to the person assaulted, including threatening to cause physical harm to another person |
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Indecent Assault |
An assault and 'act of indecency' on or in the presence of another person without their consent |
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Aggravated Sexual Assault in Company |
Sexual assault performed with another person or people present together with aggravating circumstances |
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Treason |
An attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to or the death of a head of state |
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Sedition |
Promoting discontent, hatred or contempt against a governmnet or leader of the state through slanderous use of language; in Australia, sedition includes the offences of urging force or violence against the government |
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Larceny |
When one or more persons intentionially take another person's property without consent and without intention of returning it |
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Break and Enter |
Commonly known as burglary, break and enter offences usually occur when a person enters a home with intent to commit an offence |
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Robbery |
When property is taken directly from a victim, usually forcefully |
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White-Collar Crime |
A general term for various non-violent crimes associated with professionals or businesspeople, such as embezzlement, tax evasion or insider trading |
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Tax Evasion |
An attempt to avoid paying the full amount of taxes due by concealing or underestimating a person or business's income or assets |
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Embezzlement |
When a person steals money from a business over a period of time while they are employed at that workplace |
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Insider Trading |
When a person illegally trades on the share market to their own advantage usiing confidential information |
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Fraud |
Deceitful or dishonest conduct carried out for personal gain |
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Affray |
Using or threatening to use violence on another that would cause a reasonable person present at the scene to fear for their safety |
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Riot |
Similar to affray, but with 12 or more people using or threatening to use unlawful violence for a common purpose |
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Attempt |
An offence where a principal crime was attempted but failed or was prevented for some reason despite the intention to complete it |
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Conspiracy |
When two or more people plot to commit a crime together |
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Summary Offences |
Less severe offences that are heard and sentenced by a magistrate in a Local Court |
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Indictable Offences |
More severe offences that are heard and sentenced by a judge in a District Court or tried before a judge and jury |
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Criminology |
The scientific study of crime and criminal behaviour |
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Investigate |
For the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident |
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Search and Seizure |
The power to search a person or their possessions and seize and detain items that are discovered |
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Arrest |
To seize a person by legal authority and take them into custody |
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Reasonable Force |
Such force as is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive |
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Interrogate |
To formally question a suspect in relation to an alleged crime |
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Warrant |
A legal document issued by a magistrate or judge authorising an officer to perform a particular act (for example make an arrest, conduct a search, seize property or use a phone tap) |
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Evidence |
Information used to support facts in a legal investigation or admissible as testimony in court |
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Charge |
Formal accusation of a person of committing a criminal offence |
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Inadmissable Evidence |
Evidence that cannot be considered by a judge or jury in court (for example, evidence that was obtained by unlawful means) |
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in situ |
Meaning 'in the place'; used to describe the place in which a piece of evidence is found or situated |
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DNA Evidence |
Genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence or to clear a suspect |
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Interrogation |
The act or process of questioning a suspect, carried out by the investigating officers |
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Caution |
A statement issued by police to a suspect when they are detained to inform them of their rights |
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Court Attendance Notice |
A legal document that states when and where a person must appear in court and the charge to which they must answer |
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Bail |
The temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee |
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Surety |
In bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused's release until that date |
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Subpoena |
A legal document issued by a court which requires a person to attend and give evidence and/or to produce specified documents to the court |
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Remand |
A period spent in custody awaiting trial |
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Appeal |
An application to have a higher court review a decision of a lower court |
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Court Hierarchy |
The system of courts within a jurisdiction, from lower courts to intermediate and higher courts |
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Original Jurisdiction |
The authority for a court to hear a matter for the first time |
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Appellate Jurisdiction |
The authority for a court to review matters on appeal from another court |
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Committal Proceedings |
Where a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court |
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Magistrate |
A judicial officer in the Local Court; In NSW they are appointed by the Governor |
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Coroner |
A judicial officer appointed to investigate deaths in unusual circumstances |
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Coronial Inquest |
A court hearing conducted by a coroner to help determine the manner and cause of death |
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Adversary System |
A system of law where two opposing sides present their cases to an impartial judge or jury |
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Inquisitorial System |
A system of law where two sides present their casees to a judge who directs the cases and can call for particular evidence |
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Police Prosecutor |
A NSW Police Force officer trained in prosecution, usually used to prosecute summary offences |
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Public Prosecutor |
A legal practitioner employed by the Director of Public Prosecutions, usually used to prosecute indictable offences |
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Public Defender |
A public barrister who can appear for an accused in a serious criminal matter where legal aid has been granted |
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Legal Aid |
A subsidised legal service provided by the state for those on low incomes |
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Plea |
A formal statement of guilt or innocence by the accused |
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Charge Negotiation |
An agreement between the DPP and the accused that involves the acceptance of a guilty plea, usually in exchange for something else |
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Burden of Proof |
In criminal matters, the responsibility of the prosecution to prove the case against the accused |
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Standard of Proof |
The level of proof required for a party to succeed in court |
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Acquittal |
A judgement that a person is not guilty of the crime with which he or she has been charged |
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Involuntary Behaviour or Automatism |
An act that could not be controlled or was not voluntary (eg. an epileptic fit) |
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Self-Defence or Necessity |
The defendant acted in defence of self, another or property; only accepted in limited circumstances and only for reasonable force |
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Consent |
It is a complete defence for some crimes if the accused can show the victim freely consented to the act in question |
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Mental Illness or Insanity |
Mental incapacitation at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence |
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Mistake |
The defendant acted under an honest and reasonable mistake and thus could not have formed the mens rea |
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Duress |
Coercion or pressure used by one party to influence another |
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Diminished Responsibility |
Also known as substantial impairment of responsibility, this defence is used when the accused is suffering from a mental impairment |
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Peremptory Challenge |
When the legal team rejects a juror without needing to provide a specific reason |
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Challenge for Cause |
When the legal team rejects a juror because they believe that for some reason the juror will be prejudiced |
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Sentencing Hearing |
A hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be given to the accused |
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Maximum Penalty |
Set by parliament, this is the maximum sentence available to a court to impose for an offence; the maximum penalty is rarely handed down |
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Judicial Discretion |
The power of a judge or magistrate to make a decision within a range of possibilities based on the particular circumstances of a case |
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Guideline Judgements |
Judgements issued by the court on the application of the Attorney-General that will set out sentencing guidelines for a particular offence |
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Mandatory Sentencing |
Removal of judicial discretion by legislation, by setting a minimum or mandatory sentence for a particular offence or type of offender |
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Deterrent |
Something that discourages or is intended to discourage someone from doing something |
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Specific Deterrence |
Punishment against an individual offender aiming to deter them from committing crime in the future |
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General Deterrence |
Punishment attempting to make an example of an offender in order to send a message to the rest of the community |
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Retribution |
Punishment considered to be morally right or deserved because of the nature of the crime |
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Rehabilitation |
An objective of sentencing designed to reform the offender so that they do not commit offences in the future |
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Recidivism |
Habitual or repeated acts of criminal behaviour after having undergone treatment or punishment to deter such behaviour |
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Incapacitation |
Making an offender incapable of committing further offences by restricting their freedom |
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Aggravating Factors |
Circumstances that make the offence more serious; they can lead to an increased sentence |
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Victim Impact Statement |
A written statement by the victim or victim's family about the impact the crime has had on them, heard at the time of sentencing |
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Gratuitous Violence |
Excessive violence carried out without reason, cause or excuse |
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Remorse |
Deep regret or sorrow for one's wrongdoing |
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Appellant |
In an appeal case, the party who is making the appeal |
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Appeal Against Conviction |
An appeal where the appellant argues that they did not commit the offence of which they were found guilty |
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Sentence Appeal |
An appeal against the severity or leniency of a sentence |
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Caution |
A formal warning without charge issued by police for less serious offences |
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Criminal Infringement Notice |
A notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine |
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Fine |
A monetary penalty imposed for infringement of a law |
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Penalty Unit |
A specified unit of money used in legislation to describe the fine payable; currently in NSW, $110 |
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Proceeds of Crime |
Assets (money or property) obtained by an offender through their criminal activities |
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Forfeit |
Also known as forfeiture, a loss of rights to property or assets as a penalty for wrongdoing |
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Bond |
A compulsory condition imposed on an offender for a period of time, which the offender undertakes to comply with |
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Probation |
A type of good behaviour bond where the offender is released on condition of good behaviour but placed under some form of supervision, such as daily reporting to a probation officer |
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Suspended Sentence |
A sentence of imprisonment imposed but suspended on condition of good behaviour |
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Community Service Order |
Where the offender is sentenced to serve specified hours of work in the community |
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Correctional Centre |
Commonly known as a prison - an institution where offenders are held in custody for the period of their imprisonment |
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Home Detention |
An imprisonment sentence where the offender is confined to their home under certain conditions of monitoring |
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Non-Parole Period |
A period of imprisonment during which parole cannot be granted |
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Parole |
Release of a prisoner before the expiry of an imprisonment term, temporarily or permanently, on the promise of good behaviour |
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Intensive Correction Order (ICO) |
An alternative to a custodial sentence where an offender has restricted movement and must attend a rehabilitation program |
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Diversionary Program |
An alternative to the traditional court system that focuses on the rehabilitation of offenders |
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Circle Sentencing |
A form of sentencing for some adult Indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate |
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Restorative Justice |
A form of sentencing involving a voluntary conference betweeen the offender and the victim of the crime |
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Preventative Detention |
Keeping a person in custody even though they have not committed any offence, to prevent some future harm that they may commit |
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Continued Detention |
Ongoing detention of a person after they have already served the full sentence for their offence |
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Juvenile Justice |
The area of law and policy concerned with young people and the criminal justice system |
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doli incapax |
Meaning 'incapable of doing wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions and so cannot be guilty of an offence |
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Rebuttable Presumption |
A legal presumption in favour of one party - it can be rebutted by the other party if they can show sufficient evidence to disprove it |
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Conclusive Presumption |
A legal presumption in favour of one party that is final and cannot be rebutted by the other party |
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Right to Silence |
The right of a person to refuse to answer any question put to them by the police |
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Interview Friend |
A parent, guardian, friend or legal representative present at the police interview of a minor; the interview friend's role is to offer support and witness that statements are made voluntarily |
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Youth Justice Conference |
A measure under the 'Young Offenders Act 1997 (NSW)' to divert young offenders from the court system through a conference that addresses the offender's behaviour in a more holistic manner |
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Control Order |
Similar to an adult sentence of imprisonment, except served in a Juvenile Justice Centre |
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Juvenile Justice Centre |
A detention centre housing young offenders subject to control orders |
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Grave Adult Behaviour |
Where a young offender has acted like an adult in committing the offence, in terms of the seriousness of the offence and other factors surrounding the behaviour, such as premeditation |
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Warning |
A notice given to a young offender (usually for a first minor offence) that is recorded by police but with no conditions attached; the offender must be told of the nature, purpose and effect of the warning |
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Caution |
A formal, recorded alternative to prosecution where the young offender admits to the offence and consents to receiving a formal police caution; it can later be taken into account in the Children's Court, but not in an adult court |
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State Sovereignty |
The authority of an independent state to govern itself (eg. to make and apply laws; impose and collect taxes; make war and peace; and form treaties with foreign states) |
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Transnational Crime |
Crime that occurs across international borders, either in origin or effect |
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Crime Against the International Community |
A most serious crime, of concern to the international community as a whole, and recognised by the international community as requiring punishment |
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International Crime |
A broad term covering any crim that is punishable by a state, but that has international origin or consequences, or a crime recognised by the international community as punishable |
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Genocide |
The deliberate extermination of a national, ethnic, racial or religious group |
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Universal Jurisdiction |
Where a state claims a right to prosecute a person for actions committed in another state, based on the common international opinion that the alleged crime is so serious that normal laws of criminal jurisdiction do not apply |
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International Criminal Court (ICC) |
An independent international court established by the Rome Statute in July 2002 to prosecute and try international crimes of the most serious nature |
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Crime Against Humanity |
A widespread or systematic attack against any civilian population |
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Rome Statute |
The 'Rome Statute of the International Criminal Court', and international treaty that establishes the International Criminal Court |
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War Crime |
Action carried out during a time of war that violates accepted international rules of war |
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Geneva Conventions |
Four treaties and three additional protocols that set the standards in international law for the humane treatment of the victims of war, whether military or civilian |
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Human Trafficking |
The commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means |
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Australian Federal Police (AFP) |
Australia's Commonwealth police force, established to enforce Commonwealth criminal law and to protect Australia's interests from crime in Australia and overseas |
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Peacekeeping |
The activity of creating conditions for sustainable peace in countries affected by conflict, through the use of force, quite often provided by a number of countries and consisting of soldiers, civilian police and civilian personnel |
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Extradition |
The legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal charges or sentence |
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Bilateral Agreement |
An agreement between two countries |
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International Criminal Police Organisation (INTERPOL) |
The world's largest international police organisation, established in 1923 to facilitate collaboration among intelligence agencies around the world |
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UDHR |
A declaration of rights adopted by the United Nations in 1948; the first universal acceptance of the idea of human rights and the reference point of all subsequent human rights treaties |
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Human Rights |
In a general sense, basic rights and freedoms believed to belong to all human beings |
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Inalienable Right |
A right that cannot be taken away |
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Natural Law |
The theory that certain laws come from an unchanging 'natural' body of moral principles that are the basis for all human conduct, and so have validity everywhere |
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Positivism |
The theory that laws are valid simply because they are enacted by authority or from existing decisions, and that moral considerations do not apply |
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Slavery |
A type of forced labour in which a person is considered to be the legal property of another |
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Universal Suffrage |
The right of all citizens to vote in political elections, regardless of status, gender, race or creed |
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Trade Union |
An organised association of workers formed to protect and further their rights and interests |
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Labour Rights |
Rights at work, including rights to safe working conditions, minimum wages, paid leave or to join a trade union |
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Universal Education |
Free and compulsory education for all children |
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Self-Determination |
The right of people of a territory or national grouping to determine their own political status and how they will be governed |
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Right to Peace |
The right of citizens to expect their government to do all in its power to maintain peace and work towards the elimination of war |
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Debt Slavery |
Slavery in order to pay off a loan with forced labour rather than money |
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Transatlantic Slave Trade |
The trading of African people by Europeans, who transported them as slaves from Africa to the colonies of the New World |
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Abolitionism |
A worldwide political movement that sought to abolish slavery |
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International Labour Organisation (ILO) |
An international agency of the United Nations, created with the aim of improving conditions for workers around the world |
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International Covenant on Economic, Social and Cultural Rights (ICESCR) |
The binding international treaty creating obligations on states to respect economic, social and cultural rights of individuals |
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Facism |
An authoritarian system of government that is opposed to democracy and is marked by the state having total control over the economic, social, cultural and political life of the people |
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Collective Right |
A right belonging to a group or a people, as opposed to an individual right |
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Soft Law |
International statements, such as declarations, that do not create legal obligations upon states but do create pressure to act in accordance with them |
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Hard Law |
Conventions and treaties that under international law create legally binding obligations |
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NGO's |
Independent non-profit groups that often play an important role in advocating, analysing and reporting on human rights worldwide |
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International Customary Law |
Actions and concepts that have developed over time to the extent that they are accepted by the international community and have become law |
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International Covenant on Civil and Political Rights (ICCPR) |
The binding international treaty creating obligations on states to respect the civil and political rights of individuals |
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International Bill of Rights |
The informal term collectively describing the UDHR, ICCPR and ICESCR combined |
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Ratify (Ratification) |
The process of a state formally approving a treaty, making it legally binding |
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UN Trusteeship Council |
Inactive since 1994 but originally responsible for overseeing transition of UN trust territories after decolonisation |
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UN General Assembly (UNGA) |
The UN organ representing all UN member states; acts as a forum for global discussion and runs numerous committees and programs |
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UN Human Rights Council (UNHRC) |
UN forum of member states responsible for overseeing and making recommendations on human rights in all member states |
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UN Security Council (UNSC) |
The UN organ responsible for maintenance of international peace and security; has power to authorise military action and other measures |
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Resolutions |
Decisions passed by the UN General Assembly or Security Council; when passed by the Security Council they can be legally binding on all member states |
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Economic and Social Council (ECOSOC) |
The UN organ acting as a forum for international economic and social cooperation and development |
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Secretariat |
The UN administrative body, headed by the UN Secretary-General; contains the departments and offices of the United Nations |
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Office of the High Commissioner for Human Rights (OHCHR) |
UN human rights office responsible for monitoring and reporting on human rights worldwide |
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International Court of Justice (ICJ) |
The principlal judicial organ of the UN; has jurisdiction to hear disputes submitted by member states and issue advisory opinions |
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International Humanitarian Law |
A body of international law, developed from the Geneva and Hague Conventions that deals with the conduct of states and individuals during armed conflict; also known as the law of armed conflict |
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Monist System |
A legal system that deems treaties enforceable in domestic law as soon as they have been signed |
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Dualist System |
A legal system that does not deem treaties enforceable domestically until and unless they are incorporated into domestic law, usually by passing similar legislation |
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Separation of Powers |
Preventing one person or group from gaining total power by dividing power between the executive, the legislature and the judiciary |
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Division of Powers |
How powers are divided between the federal and state governments |
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Delegated Legislation |
Laws made by persons or bodies to whom parliament has delegated law-making authority |
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Heads of Power |
Powers listed in sections 51 and 52 of the Constitution: the areas that the Commonwealth can legislate on |
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Residual Powers |
Government powers that are not listed in section 51 of the Australian Constitution as legislative powers of the Commonwealth Parliament, and thus belong to the states |
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Express Rights |
Rights that are included (written) in a document |
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Implied Rights |
Rights that can be implied through the text, structure or purpose of a document |
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Human Shield |
The placement of civilians in or around military targets to deter the other party from attacking that target |
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