Nature of Crime
Criminal Investigation Process
Criminal Trial Process
Sentencing and Punishment
Young Offenders
100
Mary was found to be an accessory before the fact in a bank robbery. Which of the following would have led to this finding?
a) Mary supplied the gun that was used.
b) Mary used the gun at the crime scene.
c) Mary carried the money out of the bank.
d) Mary hid the money taken from the bank.
a) Mary supplied the gun that was used.
100
Which of the following describes a situation where police require a warrant?
a) To question a suspect
b) To record a phone conversation
c) To search a car suspected of containing illegal drugs
d) To pull over a person suspected of driving a stolen car
b) To record a phone conversation
100
Who determines if the standard of proof has been met in a criminal case?
a) The jury
b) The police
c) The defendant
d) The prosecution
a) The jury
100
What is the aim of a diversionary program?
a) Imprisonment
b) Incapacitation
c) Rehabilitation
d) Retribution
c) Rehabilitation
100
During the criminal investigation process, young offenders are classified as 'vulnerable people'. What does this mean?
a) They can't be arrested for a serious offence
b) They can't be searched after being arrested.
c) They can't be fingerprinted after being arrested.
d) They can't be questioned without a support person.
d) They can't be questioned without a support person.
200
Alex is arrested on her way to rob a bank. What category of crime can she be charged with?
a) Driving
b) Economic
c) Preliminary
d) Public Order
c) Preliminary
200
When denying a bail application, which of the following would be a determining factor?
a) Community ties
b) No criminal record
c) Current employment
d) A multitude of victims
d) A multitude of victims
200
Belinda is on trial for treason. Who has the role of ensuring that this trial is conducted fairly?
a) Jury
b) Judge
c) Magistrate
d) Public defender
b) Judge
200
What is the main consideration in determining parole?
a) Victim's rights
b) Prisoner's rights
c) Community safety
d) The duration of sentence served
c) Community safety
200
A 12-year-old child is on trial for a crime. The prosecution must show that the necessary mens rea was present when the child committed the crime. Which of the following must the prosecution prove?
a) The child knew they were misbehaving.
b) The child knew the act was morally wrong.
c) The child disobeyed the directions of an adult.
d) The child did not care whether the act was criminal.
b) The child knew the act was morally wrong.
300
Which of the following is an essential element of a crime?
a) It must harm another person.
b) It must be seen as harmful to the whole community.
c) It must be proved on the balance of probabilities.
d) It must be legislated against by parliament.
b) It must be seen as harmful to the whole community.
300
Which of the following requires a person to attend court?
a) Caution
b) Arrest
c) Summons
d) Infringement notice
c) Summons
(Note that a summons is now referred to as a 'Court Attendance Notice')
300
What is the minimum number of jurors needed to secure a guilty verdict in NSW?
a) 7
b) 10
c) 11
d) 12
b) 10
(The NSW government went enacted the Jury Amendment (Verdicts) Act 2006 (NSW) which amended the Jury Act 1977 (NSW) to allow for ‘majority verdicts’ in criminal trials for state offences.
The Jury Act now allows for ‘majority verdicts’ in the following circumstances:
- Where a unanimous verdict has not been reached after the jurors have deliberated for a period of at least 8 hours, and the court considers that reasonable time has been given considering the nature and complexity of the case, and
- The court is satisfied after questioning one or more of the jurors on oath that it is unlikely a unanimous verdict will be reached.
‘Majority verdict’ is defined as:
- a verdict agreed to by 11 jurors where the jury consists of 12 persons, or
- a verdict agreed to by 10 jurors where the jury consists of 11 persons.
300
Which of the following is a mitigating circumstance in a sentencing decision?
a) The offender is young.
b) The offender used a weapon.
c) The offender has a prior conviction.
d) The offender believed what he or she did was right.
a) The offender is young.
300
A young offender wants to appeal his conviction by a magistrate in the Children’s Court.Which court would first hear this appeal?
a) District
b) High
c) Local
d) Supreme
a) District
400
Involuntary manslaughter is best described as which of the following?
a) A person causing the death of another human being because they acted in a criminally negligent way
b) A person taking their own life
c) A murder reduced to manslaughter due to mitigating circumstances
d) A person causing the death of another and they intended to do so
a) A person causing the death of another human being because they acted in a criminally negligent way
400
The NSW Parliament changes an indictable offence to a summary offence. A defendant is now charged with that summary offence. What right is no longer guaranteed?
a) The right to a lawyer
b) The right to a hearing
c) The right to apply for bail
d) The right to be judged by peers
d) The right to be judged by peers
(Juries are not used in less serious (‘summary’) criminal proceedings, which are heard by a magistrate or judge alone.)
400
A person is arrested for a serious crime. He exercises his right to remain silent before the trial. However at his trial, he gives evidence that he was not at the crime scene. Which of the following is true?
a) The judge can instruct the jury that this evidence may not be reliable.
b) The prosecution cannot cross-examine the accused on this new evidence.
c) The jury can ask the accused why he did not raise this evidence earlier.
d) The accused does not have the right to raise this evidence during the trial.
a) The judge can instruct the jury that this evidence may not be reliable.
(In 2013, the right to silence was amended such that, in some circumstances, silence during questioning could be used negatively by a jury at trial. The rationale for this amendment was to tackle the ‘wall of silence’ which was frustrating police investigations of serious crimes (especially bikie and gang-related crime).
Evidence Amendment (Evidence of Silence) Act 2013 (NSW)
400
Which of the following is true of victim impact statements?
a) They are used at committal hearings.
b) They do not affect the sentencing of offenders.
c) They include the interests of victims in the criminal justice system.
d) They are presented in court by the victim before the accused is found guilty
c) They include the interests of victims in the criminal justice system.
400
What should be the last option a court considers when sentencing a young offender convicted of an offence?
a) Fine
b) Control order
c) Youth justice conference
d) Community service order
b) Control order (aka prison)
500
Which statement is true of strict liability offences?
a) Mens rea must be proved
b) Actus reus must be proved
c) Burden of proof is not relevant
d) Standard of proof is not relevant
b) Actus reus must be proved
500
A phone app is released to make it easier for citizens to report suspected crimes to the police. How could this improve the criminal justice system?
a) Citizens could contribute to the criminal investigation process.
b) Citizens would be obliged to report all suspected criminal activity.
c) Once a citizen report was made police would have to investigate the matter.
d) Without a citizen report police would not be able to use their investigative powers.
a) Citizens could contribute to the criminal investigation process.
500
Which of the following is correct about a person’s right to legal aid when on trial for a serious indictable offence?
a) All accused persons have the right to legal aid
b) The right to legal aid is only available in the Supreme Court.
c) Defendants only have the right to legal aid if they plead guilty.
d) A person has the right to legal aid if an injustice is likely to occur.
d) A person has the right to legal aid if an injustice is likely to occur.
500
Which of the following is true of judicial guidelines?
a) They are set by the parliament to structure law making processes.
b) The prosecution cannot cross-examine the accused on this new evidence.
c) They are set by the Director of Public Prosecutions to guide judges in decision making.
d) They are set by the NSW Court of Criminal Appeal to assist judges when applying discretion.
d) They are set by the NSW Court of Criminal Appeal to assist judges when applying discretion.
500
A 14-year-old has been caught vandalising a shop and is formally cautioned. What is the most likely reason for the police taking this action?
a) To protect the victim
b) To ensure rehabilitation
c) To discourage reoffending
d) To make courts more resource efficient
c) To discourage reoffending
Police may issue a caution to a young offender to discourage further offending. The caution is a formal, recorded alternative to prosecution where the young offender admits to the offence and
consents to receiving a formal police caution. In deciding whether or not to give a caution, the investigating official will consider the severity of the offence, the level of violence involved, the harm caused and how many offences have been committed by the offender.
Although not a conviction, the caution may later be taken into account in the Children’s Court and so can have important consequences