Parties to a crime
This is the person who is present at the scene and assisted or encouraged the principal in the first degree
Principal in the second degree
Who issues a warrant to authorise police to perform a particular act?
A judge
How many people are on a jury?
12
What is a fine?
A monetary penalty imposed for infringement of a law
Fraud, hacking, trafficking (drug and human) are examples of whattypes of crime?
Transnational
Helps after the crime has been committed. Can involve driving the getaway car or disposing of evidence.
Accessory after the fact
What is inadmissible evidence?
Evidence that cannot be considered by a judge or jury in court
What is a unanimous verdict?
Everyone on the jury agrees on the verdict
What is a diversionary program?
An alternative to the traditional court system that focuses on the rehabilitation of offenders.
Genocide, War crimes, piracy (at sea), hijacking of aircraft and slave trading are defined as what?
Crimes against the international community
The person who actually commits the crime
Principal in the first degree
What legislation outlines police powers?
LEPRA The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
What are the two factors affecting sentencing?
Aggravating and mitigating
List three purposes of punishment.
Specific deterrence, general deterrence, retribution, rehabilitation, incapacitation.
Why are domestic responses to international crime limited?
Australian courts do not have jurisdiction over crimes committed under foreign laws.
Someone who has helped the principal prepare of plan out the crime before it is committed.
Accessory before the fact
What is a subpoena?
A legal document issues by a court, requiring a person to attend and give evidence and/or to produce specified documents to the court.
List three aggravating factors.
A violent offence, victim was vulnerable, offender in a position of trust or authority
What type of punishment is "A sentence of imprisonment imposed but suspended on condition of good behaviour"
Suspended sentence
List three crimes the ICC has jurisdiction over?
Genocide, crimes against humanity and war crimes.
Outline each person's role in the crime:
Mark bought a knife and gave it to Tim to commit a murder. Luke was at the scene and encouraged Tim to stab Amy. Tim killed Amy and Hayley disposed of the weapon.
Tim: Principal in the first degree
Luke: Principal in the second degree
Mark: Accessory before the fact
Hayley: Accessory after the fact
List 5 aspects of the criminal investigation process.
Gathering evidence, search and seizure, use of warrants, arrest, detention and interrogation, release or charge, bail or remand.
List 4 mitigating factors.
Offender is of good character, offender is youthful or easily led, offender showed remorse, offender assisted police, offender plead guilty, offender has good prospects of rehabilitation, offender was provoked or under duress.
List 5 types of penalties
no conviction recorded, caution, fine, bond, suspended sentence, probation, criminal infringement notice, penalty units, community service order, home detention, periodic detention, forfeiture of assets, imprisonment, diversionary programs
What treaty introduced/created the International Criminal Court (1998)
Rome Statute (1998)