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Zee
on FreezingBlue Flashcards.
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What is legal capacity? What factor can impact this?
Legal capacity is known as the ability of a person to do something. A persons age can affect their capacity. An example is you have to be 18 to buy alcohol
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State the rights for people under 18
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Who are the accused? What is the age for accused people? What happens to them?
A person who is 10 can be accused as they are deemed mature enough to commit criminal offences. People aged between 10-14 has limited responsibility for offenses they commit. If they are charged, it must be proven that they knew what they did was seriously wrong.
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What happens to people under 16 in regards to charges?
People under 16 found guilt will have no conviction against them unless its serious. After 3 years their conviction will be wiped out if they are good
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Who is a witness? What do they do?
A person who gives evidence in court. They must swear an oath to tell the truth by holding a religious text. Children can only be witnesses if they understand what the oath is
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Who is a victim?
A person who is injured or killed by another person due to violence. Sometimes victims aren't born– illegal abortion
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What is actus reus? State its main features.
- Its when a person who committed the offence did not think about commiting the crime. Main features of this are:
- The act occurred
- Was carried out by the accused
- It was voluntary
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What is mens reus?
A person intended to commit the crime such as being reckless and negligent (not giving someone first aid)
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What are modern day punishments?
fines, community service, weekend detention, home detention, good behaviour bonds and jail
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What are olden punishments?
Whipping, exile, deportation, torture and capital punishment were used
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What kind of factors affect a judges decision for punishment?
a guilty plea, circumstances, prior convictions and the hardship of the sentence
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What happens when the police arrests you?
- Police can only arrest you if they have a warrant or suspect you broke the law
- You must be told your under arrest and what your charge is
- You must be told not to say anything or else it may be used in evidence
- You may handcuffed, and if you are violent, capsicum spray will be used
- At the police station you are to give personal records and details
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What happens during a personal search?
- Police can only search if you if they have a search warrant
- Pat downs will be conducted if they suspect you have drugs or weapons
- Search is usually conducted as the same sex officer
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Who do you call at the station?
- At the station you should be allowed to call a friend or legal representative
- If you can not afford legal representatives you may be entitled to legal aid
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What happens during a formal interview?
- If you’re under 18 an adult (parent/guardian/social worker) must be present
- You will be asked questions
- Interview may be recorded or videotaped
- You can answer what you want
- You’ll be given a copy of the interview
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What happens during a fingerprint analysis?
- If you are under 10, you can’t be finger printed
- If you are 10-17 it can only be obtained if there is a court order, an indictable offence or a parent/guardian is present
- Police can use reasonable force (they don't hurt you) to get your finger prints
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What happens when you are charged?
You will either be realised on bail or held on remand until the court makes a decision for the sentence
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