Police Powers
Which of the following is a common power granted to police officers?
A) To issue driving licenses
B) To arrest a person suspected of committing a crime
C) To pass laws
D) To provide legal representation
B) To arrest a person suspected of committing a crime
Name the 2 elements of crime, define them both.
Mens Rea (guilty mind / intent)
Actus Reus (guily act / crime committed)
List 3 types of technology police may use to gather evidence
CCTV, DNA tests, internet activity, phone tapping, criminal databases
Stealing someone’s phone.
a) Crime
b) Not a Crime
Crime!
Legal Reference: Crimes Act 1900 (NSW), Section 117 (Theft)
What does LEPRA (2002) stand for? and who must follow the act?
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), both the federal and state police.
Legal Causation
(+ 50 points if you name a case study demonstrating legal causation)
Whether it is legally fair or reasonable to hold the defendant responsible for the harm, considering any intervening events.
Case Study (R v Blau, R v Munter)
List 5 reasons people may not report a crime.
Fear/threatened, believed administrative burden, low severity of crime, afraid of police/government, dispute has already been "settled", perceived time burden, shame, fear of not being believed, emotional/psychological trauma.
Arguing loudly with a neighbour without physical violence.
a) Crime
b) Not a Crime
Nah. While this could be considered a nuisance, unless it involves harassment or breach of peace under the Summary Offences Act 1988 (NSW), it is not be a criminal offence.
Search and seize, use reasonable force, use technologies, arrest and interrogate, recommend bail or no bail.
What is insider trading?
illegal trades on the share market using confidential information.
Which of the following best describes the role of a witness during a criminal investigation?
a) To decide the punishment for the suspect
b) To provide information or testimony about what they saw or heard
c) To defend the suspect in court
B
Using someone else’s credit card without permission but not making any purchases.
a) Crime
b) Not a Crime
Crime!
Under the Crimes Act 1900 (NSW), Section 192E, unlawful use of credit cards is a crime, regardless of whether a purchase was made.
Describe why the term "reasonable force" can be contested and which case study can we use to support this idea?
It is subjective and police are awarded discretion, case study of Roberto Laudisco Curti's death
The standard of proof required in criminal cases. It means that the evidence presented must be so convincing that there is no reasonable doubt in the mind of a reasonable person that the defendant is guilty of the crime charged.
A person may be arrested without a warrant if...
police suspect on reasonable grounds that they have committed, or are committing an offence
Making a false emergency call to police or ambulance.
a) Crime
b) Not a Crime
Crime! Crimes Act 1900 (NSW), Section 314 (False reporting)
Name another legislation / policy that police must follow (excluding LEPRA, 2002). Hint: CRIME
Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence)
Define 'inadmissible evidence'
(+ 50 points if you can give a reason why evidence may become inadmissible)
evidence that a court will not allow to be presented or considered during a trial or legal proceeding.
(evidence obtained illegally or is hearsay)
How may a community’s relationship with the police affect crime reporting rates? explain your answer.
The rate of reports being made would decrease due to distrust in the police / justice system.
Taking a photo of a stranger in a public park without their permission.
a) Crime
b) Not a Crime
Privacy is protected under various laws, but taking photos in public is generally not a crime unless it involves harassment or breaches specific privacy legislation.